(a) Unless a different classification is expressly stated, a person who is convicted of a conspiracy to commit a felony is guilty of a felony that is one class lower than the felony he or she conspired to commit, except that a conspiracy to commit a Class A or Class B1 felony is a Class B2 felony, a conspiracy to commit a Class B2 felony is a Class C felony, and a conspiracy to commit a Class I felony is a Class 1 misdemeanor.
(b) Unless a different classification is expressly stated, a person who is convicted of a conspiracy to commit a misdemeanor is guilty of a misdemeanor that is one class lower than the misdemeanor he or she conspired to commit, except that a conspiracy to commit a Class 3 misdemeanor is a Class 3 misdemeanor. (1983, c. 451, s. 1; 1993, c. 538, s. 5; 1994, Ex. Sess., c. 22, s. 12, c. 24, s. 14(b).)
Notes of Decisions
Cited in
20
cases (
2 in the last 5 years), 1989–2026 · leading case:
State v. Arnold, 404 S.E.2d 822 (N.C. 1991).
State v. Arnold, 404 S.E.2d 822 (N.C. 1991).
· cites it 10× “See N.C.G.S. § 14-2.4 (1988). The conspiracy was complete upon the agreement between defendant and Stuffel.”
State v. Clark, 377 S.E.2d 54 (N.C. 1989).
· cites it 6× “N.C.G.S. § 14-2.4(2) (1986); N.C.G.S. § 15A-1340.”
State v. Snead, 783 S.E.2d 733 (N.C. 2016).
· cites it 3× “See N.C.G.S. §§ 14-2.4, -72(a) (2015). Belk’s surveillance system captured the theft on video, and defendant admitted that he committed the act depicted therein.”
State v. Warren, 780 S.E.2d 835 (N.C. Ct. App. 2015).
· cites it 6× “He asserts that although conspiracy to manufacture methamphetamine is a Class C felony, he should have been sentenced to a felony one class lower than was committed pursuant to N.C. Gen.Stat. § 14-2.4(a) (2013). We disagree.”
State v. Weaver, 607 S.E.2d 599 (N.C. 2005).
· cites it 3× “Defendant was similarly charged pursuant to N.C.G.S. § 14-2.4 with a single count of conspiracy to commit embezzlement from International Color, L.”
State v. Billinger, 714 S.E.2d 201 (N.C. Ct. App. 2011).
· cites it 3× “*257 The State nevertheless argues that the indictment’s caption, which identifies the charge as “Conspiracy to Commit Robbery with a Dangerous Weapon,” and the indictment’s reference to the offense being committed in violation of N.C. Gen. Stat. § 14-2.4 (2009), which governs…”
State v. Estes, 651 S.E.2d 598 (N.C. Ct. App. 2007).
· cites it 2× “§ 14-100 and conspiracy to obtain property by false pretenses pursuant to N.C. Gen. Stat. § 14-2.4 and § 14-100. We find no error at trial and remand for correction of a clerical error in 05 CRS 082472.”
Federated Mut. Ins. v. Williams Trull Co., 838 F. Supp. 2d 370 (M.D.N.C. 2011).
· cites it 2× “Whenever Williamson allegedly made the statements, whether before or after his confession, he exposed himself to further criminal liability (beyond arson or burning) for conspiracy not only with respect to the burning but potentially with respect to an attempt to commit…”
State v. Arnold, 795 S.E.2d 829 (N.C. Ct. App. 2017).
· cites it 4× “N.C. Gen. Stat. § 14-2.4 (a) states: "Unless a different classification is expressly stated, a person who is convicted of a conspiracy to commit a felony is guilty of a felony that is one class lower than the felony he or she conspired to commit[.”
State v. Fish, 748 S.E.2d 65 (N.C. Ct. App. 2013).
· cites it 2× “Thus, whether defendant would be guilty of felony conspiracy to commit larceny or misdemeanor conspiracy depends on whether the goods he conspired to take had a fair market value of more than $1,000.”
United States v. Antonio White, 628 F. App'x 848 (4th Cir. 2015).
“See N.C. Gen.Stat. §§ 14-2.4, 14-54. According to White, the maximum sentence for his Class-1 felony would have been one year or less under the state sentencing law then in effect, making the offense a misdemeanor under federal law, see 18 U.”
In Re Drh, 668 S.E.2d 919 (N.C. Ct. App. 2008).
· cites it 2× “§ 7B-2508(h); see also N.C. Gen. Stat. § 14-2.4 (2007) (“Unless a different classification is expressly stated, a person who is convicted of conspiracy to commit a felony is guilty of a felony that is one class lower than the felony he or she conspired to commit .”
— N.C. Gen. Stat. § 14-2.4(2) — 2 cases
State v. Clark, 377 S.E.2d 54 (N.C. 1989).
“N.C.G.S. § 14-2.4(2) (1986); N.C.G.S. § 15A-1340.”
State v. Arnold, 404 S.E.2d 822 (N.C. 1991).
“See N.C.G.S. § 14-2.4 (1988). The conspiracy was complete upon the agreement between defendant and Stuffel.”
— N.C. Gen. Stat. § 14-2.4(a) — 4 cases
State v. Warren, 780 S.E.2d 835 (N.C. Ct. App. 2015).
“He asserts that although conspiracy to manufacture methamphetamine is a Class C felony, he should have been sentenced to a felony one class lower than was committed pursuant to N.C. Gen.Stat. § 14-2.4(a) (2013). We disagree.”
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