Conspiracy Case Study
Whether the defendant could be convicted of both conspiracy to commit murder and the underlying murder.
The court affirmed the convictions for both conspiracy to commit murder and murder, finding that conspiracy and the underlying offense are separate crimes that can be charged and punished separately. The court held that the Double Jeopardy Clause does not bar conviction for both conspiracy and the completed offense.
Conspiracy is a separate offense from the underlying crime — a defendant can be convicted of both. This means that conspiracy charges can significantly increase a defendant's total sentence exposure. D.J. Rivera challenges conspiracy charges on the merits and also argues for concurrent rather than consecutive sentences where both conspiracy and the underlying offense are charged.
This case involves § 18.2-22 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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