January 23, 2015 By Paul Wallin

Rapper Bobby Shmurda Facing “Shmurda” Charges. What’s Next?

If you are a hip-hop fan, you may have been surprised when Ackquille Pollard, aka “Bobby Shmurda,” was arrested in New York City recently. Shmurda is facing charges of some of the very same crimes he’s rapped about.

James Essig, head of the NYC police unit that made the arrest, said that Shmurda’s lyrics are “almost like a real life document of what they were doing on the street.” 1 Shmurda allegedly performed the rap music with members of the GS9 gang. 2

According to the 63-page indictment, Shmurda is charged with the following crimes:

  • Conspiracy to commit murder,
  • Two counts of criminal possession of a weapon, and
  • Conspiracy to commit assault. 3

Shmurda could face up to 25 years in prison for the conspiracy to commit murder charge alone.

What Would Happen in California? (California Penal Code Section 182(a))

Conspiracy to commit murder is a serious crime in California.
Rapper Bobby Shmurda has been charged with conspiracy to commit murder.

If you are arrested for conspiracy to commit murder in California, you could face life in prison without parole under California Penal Code Section 182(a).

In California, conspiracy to commit murder is charged as first degree murder. You could be found guilty of this crime if you are one of two or more people who secretly plan to commit any crime, and at least one of those people acts on the plan.

The law goes on to say that if two or more people conspire to commit any felony, the punishment they face will be the same punishment the law provides for the crime they planned to commit.

Because Shmurda is charged with conspiracy to commit murder and two alleged co-conspirators are charged with murder, Shmurda could also be charged with first degree murder if he were arrested in California.

First Degree Murder (California Penal Code Section 190.2)

It is considered special circumstances if you are convicted of first degree murder in California and:

  • It is proven that you are a member of a criminal street gang, and
  • That you conspired to kill somebody in order to further the activities of the gang.

You could face life in prison without the possibility of parole under PC 190.2(a).

Also, California Penal Code Section 190.2(c) says that if you encourage or help somebody else commit murder with special circumstances, you could face life in prison without parole, even if you are not the actual killer. 4

Defenses to Conspiracy to Commit Murder Charges

There are numerous legal defenses that an experienced criminal defense attorney could use to help you fight conspiracy to commit murder charges, including:

  • Alibi – You did not commit the crime. You were not involved in the planning or commission of the crime because you were in another location while it was committed.
  • No Conspiracy – You did not conspire with any person to commit an act of murder. This means you did not make any plans to commit the crime of murder or agree with someone else’s plan to do so.
  • Mistaken Identity – The witnesses are incorrect in their identification of you at being at the scene where the murder was committed.

Wallin & Klarich Can Help You if You are Facing Criminal Charges

At Wallin & Klarich, we understand how stressful and frightening it is if you or somebody you are close to has been charged with a serious crime. Our skilled criminal defense

Call Wallin & Klarich today, we will get through this together.
The attorneys at Wallin & Klarich will fight for you.

attorneys have over 40 years of experience successfully defending clients charged with murder and conspiracy to commit murder. We will be there to help you every step of the way, from the time you are arrested until the resolution of your case. You can call us any time, day or night, if you have a legal emergency.

With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney nearby to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.

1. [https://www.yahoo.com/music/s/ny-rapper-bobby-shmurda-faces-gun-drug-charges-065210216.html]
2. [http://www.wgci.com/onair/dj-moondawg-36555/video-bobby-Shmurda-hot-boy-Shmurda-dance-12605730/]
3. [http://latenightcreep.com/2014/12/19/read-the-full-indictment-against-bobby-shmurda-rowdy-rebel-and-gs9-document/#_]
4. [http://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml]

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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