Conspiracy In The First Degree: NY Penal Law § 105.17

by ECL Writer
Conspiracy in the first degree

Engaging in a criminal conspiracy can occur when you collaborate with one or more individuals to commit a felony. This offense entails the concerted planning of criminal activities alongside at least one co-conspirator. In the New York criminal code, there are six distinct conspiracy crimes, including provisions that pertain to adults conspiring with minors to commit felonies.

Under New York Penal Law § 105.17, a person aged 18 or older may be charged with first-degree conspiracy if they conspire with an individual under the age of 16 to commit a Class A felony. Examples of Class A felonies encompass serious offenses such as first-degree murder, first-degree arson, first-degree kidnapping, and participation in major drug trafficking operations.

To secure a conviction for conspiracy, it is essential that the discussions regarding the criminal plot go beyond casual conversation. As per New York Penal Law § 105.20, you or another party involved in the plan must undertake at least one overt act to advance the conspiracy, thus laying the groundwork for potential prosecution.


In addition to first-degree murder, arson, and kidnapping, first-degree conspiracy is one of the rare offenses within the New York criminal code classified as a Class A-I felony. Consequently, a conviction for this crime may result in a sentence that includes a potential lifetime imprisonment.


To secure a conviction for first-degree conspiracy, the prosecution must demonstrate proof that either you or another party engaged in the conspiracy undertook an overt action to advance the illicit plan. For instance, if you and your alleged co-conspirators were merely discussing the matter without taking any tangible steps toward executing the scheme, it could serve as a valid basis to contest the first-degree conspiracy charge brought against you.

New York Penal Law § 105.17: Conspiracy in the first degree

First-degree conspiracy is established when an individual, aged eighteen or older, intentionally collaborates with one or more individuals under the age of sixteen, with the aim of initiating or inducing the execution of actions that constitute a Class A felony.

Related Offenses

  • Conspiracy in the sixth degree: New York Penal Law § 105.00
  • Conspiracy in the fifth degree: New York Penal Law § 105.05
  • Conspiracy in the third degree: New York Penal Law § 105.13
  • Conspiracy in the second degree: New York Penal Law § 105.15

Hiring a New York Lawyer for Conspiracy in the first degree case

When facing a conspiracy in the first-degree case in New York, hiring a seasoned lawyer is paramount. The complexities of such charges require a legal professional well-versed in state laws and federal statutes. A New York lawyer with experience in conspiracy cases can provide invaluable guidance throughout the legal process. They will thoroughly investigate the case, scrutinize evidence, and build a strong defense strategy. They’ll also navigate the intricacies of the criminal justice system, ensuring your rights are protected. Whether it’s negotiating with prosecutors, filing motions, or representing you in court, a skilled New York lawyer is your best ally in safeguarding your future and achieving a just outcome.

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