The Law on Conspiracy and its Punishments in Louisiana
It is considered as a conspiracy to commit a crime when two or more people form an agreement fully intending to follow through with the crime. In the State of Louisiana, the conspirators must have also engaged in at least one overt action that indicates that they were fully intending to commit the crime.
When punishment is meted out to those involved in a conspiracy case, then all the co-conspirators will face the same charge irrespective of their actual role in the crime or the conspiracy. What this means is that no two co-conspirators will be given separate punishments for conspiring to commit a crime.
What constitutes a conspiracy in the State of Louisiana?
It is only considered a case involving conspiracy to commit a crime when both the intention to commit the crime and action taken towards furthering the intention can be established. The intention behind going through with the crime plays a pivotal role in how conspiracy cases are judged.
Once the prosecuting attorney has established that there were both an intention and an action taken towards going through with the crime, then all the people involved in the agreement to go through with the crime can be charged with conspiracy to commit the same.
Overt actions that indicate the conspirators were intending to pursue their intention to commit the crime can include buying gear needed for the crime or staking out the location etc.
If anyone was involved with the crime without their knowledge or consent, then they cannot be charged with conspiracy towards that crime. In a situation where a friend or family member drove the criminals to their destination without knowing the results of their action, they cannot be held liable under conspiracy for that crime. Similarly, if someone was coerced into helping and did not consent to it at any point, meaning they were never part of the conspiracy, then they cannot be charged with conspiracy for that crime.
What are the Punishments for Conspiracy in Louisiana?
The punishment for conspiracy to commit a crime in Louisiana is dependant on the crime in question. In many cases, additional charges can pile up depending on the actions taken by the conspirators before they were detained. If additional charges pile up, then the actual punishment received by the perpetrators could be different from the punishment they receive for conspiracy to commit the crime.
According to the State Laws in Louisiana, in situations where people conspiring to commit a crime actually go through with committing it, then those people can be charged either with conspiracy or with the crime itself. However, being convicted of one crime will not prevent the conspirators from having to face the other charge.
The Punishments for Conspiracy in Louisiana
The following are the punishments for conspiracy to commit a crime in the State of Louisiana:
- Conspirators who intend to commit a crime that is punishable by life in prison or the death sentence shall have to serve no more than thirty years doing hard labor for conspiring to commit such a crime.
- All other conspiracies to commit crime cases shall receive punishments that do not amount to more than one-half of the largest prison sentence or fine for the crime to conspirators intended to commit.
All the conspirators will receive the same sentence and have to spend the same amount of time in jail or pay the same fine, or both. Conspiracy to commit crime cases can only be dropped when the conspirators have not taken any overt action towards engaging in criminal activity; or drop out of their plans by choosing not to go through with their intended criminal activity.