California Penal Code §182 — Criminal Conspiracy
PC §182 punishes an agreement between two or more people to commit any crime, once at least one conspirator commits an overt act in furtherance of the agreement. Punishment tracks the target offense — a conspiracy to commit murder is punished as first-degree murder; a conspiracy to commit a misdemeanor is a wobbler.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Criminal Conspiracy Cases in All LA County Courts
01 — Quick Facts
PC §182 — Criminal Conspiracy at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §182 — Criminal Conspiracy |
| Code Type | Penal Code (PC) |
| Classification | Tracks target offense (felony, wobbler, or misdemeanor) |
| General Conspiracy | §182(a)(1) — conspiracy to commit any crime |
| Overt Act | Required — at least one conspirator must commit an act in furtherance |
| Punishment | Same as the target offense (§182(a)(1)–(6)) |
| Conspiracy to Commit Murder | Punished as first-degree murder — 25 to life |
| Strike | Yes, when the target offense is a strike |
| Withdrawal | Affirmative withdrawal + effective communication to co-conspirators is a defense |
| Federal Analog | 18 U.S.C. §371 (general federal conspiracy, no overt act required for some drug conspiracies) |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §182?
What Is California Penal Code §182?
PC §182 Reads:
"If two or more persons conspire: (1) To commit any crime… they shall be punishable as follows: When they conspire to commit any crime against the person of any official… by imprisonment in the state prison for five, seven, or nine years. When they conspire to commit any other felony, they shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony… No agreement amounts to a conspiracy, unless some act, beside such agreement, be done within this state to effect the object thereof, by one or more of the parties to such agreement."
— California Penal Code §182(a) & §184
California conspiracy law is broader than most defendants realize. §182 lets the prosecution treat every co-conspirator as liable for every foreseeable act of every other conspirator (People v. Morante), which is how one text message or one phone call can turn a bystander into a defendant charged with the full underlying crime. The two anchors — agreement plus an overt act — are also the two places every §182 defense begins.
Agreement + Overt Act — Two Elements, Two Attack Surfaces
An agreement can be tacit and inferred from conduct; it does not have to be written or even spoken. But the overt act must be committed after the agreement, by at least one conspirator, in furtherance of the plan. A completed target crime is not required — the conspiracy itself is a separate, chargeable offense.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §182
The prosecution must prove each of the following beyond a reasonable doubt (CALCRIM 415).
Agreement
Two or more persons agreed to commit a crime.
Specific Intent
Defendant intended to agree and intended that the target offense be committed.
Overt Act
At least one conspirator committed an overt act in furtherance of the agreement after joining.
California Nexus
The overt act was committed within California (§184).
04 — Penalties
Penalties for PC §182 Criminal Conspiracy in California
§182 has no fixed penalty — punishment mirrors the underlying target offense the conspirators agreed to commit.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Conspiracy to Commit a Felony | PC §182(a)(1) | Same term as the underlying felony | Available if the target offense is probation-eligible | Yes when the target is a strike |
| Conspiracy to Commit Murder | PC §182(a)(1) | 25 years to life (first-degree) | None | Yes — violent felony strike |
| Conspiracy to Obstruct Justice | PC §182(a)(5) | 16 months, 2, or 3 years | Available | No |
| Conspiracy to Commit a Misdemeanor | PC §182(a)(1) | Wobbler — up to 1 year jail or 16/2/3 state prison | Available | No |
Sentencing Enhancements
Gang Enhancement
PC §186.22
Add 2, 3, or 4 years (or 25-to-life for certain violent felonies) when the conspiracy is committed for the benefit of a criminal street gang.
Kingpin Enhancement
HS §11370.4
Adds 3–25 years for high-weight controlled-substance conspiracies where defendant was a substantial financial beneficiary.
Firearm Use
PC §12022.5 / §12022.53
10/20/25-to-life for personal use or discharge of a firearm during a conspiracy to commit a listed felony.
Additional Consequences Beyond Prison
- Every co-conspirator is liable for every foreseeable act of every other conspirator (Pinkerton / Morante liability)
- Federal exposure under 18 U.S.C. §371 when interstate commerce is implicated
- Immigration: CIMT status turns on the underlying target offense
- Firearm ban on any felony conviction (PC §29800)
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §182 Criminal Conspiracy Charges
Conspiracy is heavily defense-friendly at the agreement and overt-act stages.
No Agreement
Mere presence, casual association, or knowledge of a plan without joining it is not a conspiracy.
CALCRIM 415
Withdrawal
A conspirator who affirmatively withdraws and communicates the withdrawal to co-conspirators before the overt act is not liable.
PC §182(a)
No Overt Act
Words alone are not an overt act. Without a post-agreement act in furtherance, no §182 offense exists.
PC §184
Wharton's Rule
Where the target offense necessarily requires two participants (e.g., dueling, bigamy, adultery), conspiracy cannot be charged in addition to the completed offense.
Wharton
Entrapment
Where an informant or undercover agent originated the plan and induced an otherwise unwilling defendant to join, entrapment defeats §182.
CALCRIM 3408
Constitutional Sources
07 — Court Process
How PC §182 Criminal Conspiracy Cases Move Through Los Angeles Courts
§182 cases are typically indicted by grand jury or filed after a wiretap or multi-defendant investigation.
- 1
Step 1 — Grand Jury or Wiretap Investigation
Large conspiracies are frequently developed through §629 wiretaps and grand-jury indictment.
- 2
Step 2 — Arraignment
Bail is typically high; co-defendants are often arraigned in coordinated sequence.
- 3
Step 3 — Discovery / Wiretap Suppression
Defense targets the §629 wiretap authorization order and any Franks issues.
- 4
Step 4 — Preliminary Hearing
The overt-act charge and California-nexus element are litigated here.
- 5
Step 5 — Motion to Sever
Multi-defendant conspiracies routinely draw PC §1098 severance motions to prevent spillover prejudice.
- 6
Step 6 — Trial or Plea
Plea negotiations often trade cooperation for reduced target-offense exposure.
- 7
Step 7 — Sentencing
Punishment mirrors the target offense; strike consequences apply if the target is a strike.
Los Angeles Courts That Handle PC §182 Criminal Conspiracy Cases
Large §182 cases are heard in the district-attorney trial courts, most often downtown.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Criminal Conspiracy Defense Attorney
Daniel S. Rubin has defended clients charged with criminal conspiracy and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §182 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Criminal Conspiracy Cases Throughout LA County
09 — FAQs
PC §182 Criminal Conspiracy Questions — Los Angeles
Can I be charged with conspiracy if the crime never happened?
Yes. Once an agreement plus one overt act exist, §182 is complete — the target crime does not have to be attempted or completed.
What is an overt act?
Any act — even a legal one, like buying a burner phone or renting a car — committed after the agreement, by any conspirator, in furtherance of the plan.
Is conspiracy to commit murder a strike?
Yes. It is punished as first-degree murder and counts as a violent-felony strike.
Can I withdraw from a conspiracy?
Yes — but only if you affirmatively communicate the withdrawal to your co-conspirators before any overt act is committed.
Available 24/7 — Free Consultation
Charged With PC §182 Conspiracy in Los Angeles?
Conspiracy cases collapse on the agreement and overt-act elements. Call Rubin Law, P.C. at (213) 723-2337 for a free, confidential review.