According to recent reports, a Troup County Jail inmate planned out a murder of someone outside the facility. Apparently, Iesha Delshay Brooks asked another inmate to make the arrangements and has since been charged with conspiracy to commit murder in Georgia.
Today I'll focus on the law of conspiracy in our state and outline some of the defenses I would use as a Georgia Criminal Defense Lawyer.
Georgia Law on Conspiracy
Georgia Law defines conspiracy to commit a crime in Georgia as:
When a person together with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy. O.C.G.A. §16-4-8.
Georgia Courts have held a few details in regard to conspiracy. First, there must be an agreement between one or more persons - it can be something as small as even a mere understanding between at least two people that they will commit a crime together. There also must be the evidence behind the incident must show that the accused people acted with a common intent and purpose. The incident must have happened because of that intent and purpose - not just mere coincidence.
In order to be convicted of conspiracy, the accused person must be actively working on the arrangement to commit a crime. If the accused person is found guilty of conspiracy to commit a crime and is convicted, then there are three different options for penalties.
If the conspiracy was to commit a felony, then the the accused will be punished as if they were convicted of a felony. This means imprisonment of anywhere from one year to one half of the maximum period of the felony crime they were conspiring to commit.
If the conspiracy was to commit a misdemeanor, then the accused will be punished as if they were convicted of a misdemeanor.
If the conspiracy was to commit a crime that could be punishable by a life sentence or by death, the punishment will be for imprisonment between one to ten years.
The reality is that Georgia inmate, Brooks, has a presumption of innocence. She should not be assumed guilty just because she has been accused of a crime. As a Georgia Criminal Defense Attorney, I would like to highlight a few of the Georgia Criminal Defenses that are available to someone who has been accused of conspiracy in Georgia.
The people accused of conspiracy never reached an agreement.
Only one person planned the crime.
The accused person stopped all actions towards planning (Abandonment in Georgia).
Like I said, these are only a few of the defenses available, so if you or a loved one has been accused of a crime in Georgia, contact us today.