The Law on Conspiracy and its Punishments in Michigan
An act of conspiracy includes 2 or more persons having an agreement or understanding to cause the violation of the federal law. However, many people are unaware that an agreement to engage in any unlawful activity is considered as a criminal offense because a crime is being planned. At the same time, some open and apparent action should take place because the agreement in itself is insufficient.
Such an express action can be defined as an act being committed by either one or many involved parties as an attempt to accomplishing their conspiracy goal. It is also interesting to note in this context that an overt activity does not have to be always illegal. For instance, even act as uncomplicated as crossing the road can be considered as an overt act in case it was done for furthering the conspiracy.
In Michigan, it is immaterial for the prosecution in case a party to the constipation is unaware of the entire details of the scheme or even if the individual simply had an insignificant part in the conspiracy plot.
For prosecution purposes, it does not matter if a member of the conspiracy is not aware of all of the details of a scheme or that the person only played a minor role in the plot.
Common defense strategies for conspiracy
- Knowing participation
- Simply because a person was present
- Moving out of a conspiracy prior to the commission of any overt act
It can be a tricky affair to defend an accused effectively in a lawsuit pertaining to conspiracy as several things have to be considered. Hence, it makes sense to hire a reputable defense attorney to represent a conspiracy case as they will do thorough research and homework on the circumstances pertaining to the case.
According to Section 157a, any individual in Michigan who enters into a conspiracy with one or more people for committing a criminal offense that the law prohibits, or for committing a lawful act in an unlawful manner is considered guilty of having committed the criminal offense of conspiracy.
Punishment for Conspiracy in Michigan
- Except for the below three provisions, if committing the offense is prohibited by the state’s law is penalized by a minimum prison term of 12 months, the individual convicted within the scope of this section will be penalized by an extra fine of 10,000 USD.
- When an individual has been convicted of entering into the conspiracy for violating any clause of this act pertaining to illegal wagering or gambling can be penalized by a maximum prison term of 5 years and/or a maximum fine of 10,000 USD.
- When committing the offense that is prohibited by the law of the state is penalized with a jail term for less than 12 months except as mentioned in the second point, the individual convicted within this section can be imprisoned for a maximum prison term of 12 months and/or a maximum fine amount of 1,000 USD.
- Any individual convicted of being a party to a conspiracy of committing an unlawful act in a legal manner can be penalized by a maximum prison term of 5 years and/or a maximum fine of 10,000 USD. However, such imprisonment sentence and fine will be at the discretion of the court.
When an experienced defense attorney works with their client, they make all possible efforts to be aware of all the possible and peculiar circumstances to offer the best possible customized legal defense. So, in case there is an investigation going on against a person for conspiracy, such an advocate can be of great help for their client.