Conspiracy Law in Colorado is Both Complex – and Simple
Criminal conspiracy is when two or more people agree to commit a crime. This crime is used to charge multiple people planning or doing illegal activities. Conspiracy is different because you can be charged with the actual crime and the conspiracy to commit it. For example, if you plan with others to kill someone, you can be charged with murder and conspiracy to commit murder.
In a so called “wheel and hub” conspiracy – the DA proves that this is a single conspiracy rather than multiple conspiracies. It is not necessary to prove that each conspirator knew every other conspirator so long as an overall plan with a common object is shown
The unlawful agreement is the gist of the crime of conspiracy
The relationship between coconspirators is part and parcel of the first element of conspiracy, which involves an agreement, combination, or confederation between two or more persons.
The essential elements of conspiracy are:
(1) An agreement;
(2) a common design between two or more persons;
and
(3) an unlawful purpose to be accomplished, which purpose amounts to a crime in Colorado.
To constitute the crime of conspiracy there must be a combination of two or more persons, the existence of an unlawful purpose to be accomplished, which in Colorado must amount to a crime, and a real agreement, combination, or confederation with a common design; mere passive cognizance of the crime to be committed or mere negative acquiescence is not sufficient
To establish conspiracy there need only be circumstantial evidence that indicates that the conspirators, by their acts, pursued the same objective, with a view toward attainment of the same objective.
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