1

Statute

Together with 1 or more persons conspires to commit any crime and any 1 or more of such persons does any overt act to effect the object of the conspiracy. O.C.G.A. 16-4-8. May be convicted of conspiracy even if crime which was the objective of the conspiracy was completed, but may not be convicted of both conspiracy and the completed crime. O.C.G.A. 16-4-8.1.

2

Defense

Withdrawal is a defense if he can show that before the overt act occurred, he withdrew his agreement to commit a crime. O.C.G.A. 16-4-9.

3

Caselaw

State need only prove that 2 or more persons tacitly came to a mutual understanding to accomplish or to pursue a criminal objective. Conspiracy may be inferred from the nature of the acts done, the relation of the parties, the interest of the alleged conspirators, and other circumstances. Agnew v. State, 267 Ga. 589 (1997). A conspirator is jointly responsible for the acts of his co-conspirators including collateral acts that are a natural and probable consequence of the conspiracy. Everritt v. State, 277 Ga. 457 (2003). Can give jury charge on conspiracy when not alleged in indictment if the evidence tends to show it. Williamson v. State, 285 Ga. App. 779 (2007).

4

Penalty

If substantive offense is punishable by life imprisonment or death, then 1 to 10Y. If felony, then 1 to A 1/2 the max of the substantive offense and/or A 1/2 the max fine. If misdemeanor, then punished as Misdemeanor. O.C.G.A. 16-4-8. If drug offense, then max penalty of the substantive offense. O.C.G.A. 16-13-33.32