Conspiracy, N.J.S.A. 2C:5-2(d) and N.J.S.A. 2C:5-2(e)

Three Monkeys Stealing Fruit
By Frans Snyders (1579-1657)
[Public domain],
via Wikimedia Commons

Conspiracy Conviction

Following a conviction for second degree conspiracy, ex-Newark policeman Darius Smith must serve three years probation, pay a $5,000.00 fine, and is barred from future New Jersey public employment, according to

Overt Act Exception

General Rule
No person may be convicted of conspiracy to commit a crime other than:
  1. a crime of the first or second degree, or
  2. distribution or possession with intent to distribute a controlled dangerous substance or controlled substance analog.
A person may not be convicted of conspiracy to commit any other crime unless upon
  1. proof of an overt act in pursuance of such conspiracy
  2. to have been done by him or
  3. by a person with whom he conspired.


One conspiracy defense is "Renunciation." This requires a defendant to prove after conspiring to commit a crime
  1. he informed the authority of the existence of the conspiracy and his participation in it;
  2. he thwarted or caused to be thwarted the commission of any offense in furtherance of the conspiracy;
  3. he acted under circumstances manifesting a complete and voluntary renunciation of criminal purpose.
The defendant shoulders the burden to prove renunciation by a preponderance of the evidence.

Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on any case regarding conspiracy. Call Now—(856) 812-0321.