What is Conspiracy in Michigan?
Anyone who knowingly agrees with someone else to commit a crime is guilty of conspiracy.
Elements1. The Defendant and one ore more persons knowingly agreed to commit a crime.
2. The Defendant specifically intended to commit or help commit that crime.
What does the Agreement for Conspiracy have to include?1. An Agreement is the coming together or meeting of the minds of two or more people, with each person intending and expressing the same purpose.
2. It is not required that the people involved make a formal agreement to commit the crime. And they do not have to write down how they are going to commit the crime.
3. Deciding whether there was an agreement to commit a crime, consideration is given on how all the members of the alleged conspiracy acted, what they said, and any additional evidence.
4. A Defendant to be found guilty of conspiracy, the judge or jury must find beyond a reasonable doubt that there was an Agreement to commit the crime. The Agreement can be inferred by the Defendant's actions.
No One-man Conspiracy StateMichigan is a "no one-man conspiracy" state. What this means is that if two people are charged with a crime and one of them is acquitted, and one of them is convicted, the conspiracy charges must be dropped. People v. Williams, 240 Mich.App.316 (2000).