Acworth, Ga. - According to authorities, two men have been arrested in connection to a fatal shooting of a man at a local gas station that happened last month.
Both men are facing charges of conspiracy to murder in the state of Georgia. Law enforcement in Cherokee County has not released what their exact connection to the shooting is yet but it is believed that more individuals are involved. The fatality is also believed to be drug related. Upon further investigation by authorities, close to nine ounces of methamphetamine was discovered amongst the victim's property.
As a Cherokee County Criminal Defense Lawyer, I will outline the law behind conspiracy in the state of Georgia.
Conspiracy in Georgia
Conspiracy in Georgia is defined by Georgia law 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.
Conspiracy charges are similar to attempt charges which can all be extremely confusing if you have never had to deal with the criminal justice system in the state of Georgia before. If you or a loved one has been arrested, do not attempt to figure out the process on your own. Call a Georgia Criminal Defense Lawyer now. We can help you with your case today.