Not all crimes are as straightforward as going out, putting on a mask, and robbing someone. Sometimes the act of proposing a crime is all you need for a criminal charge. This is known as “solicitation to commit a crime“. It refers to someone encouraging others to attempt a crime.
Take note, we used the words “encourages” and “attempt”. This is very specific. Solicitation refers to the proposal of a crime and doesn’t actually have to involve anything beyond that.
In today’s article, we’ll be looking at the act of solicitation, what it is, and why it’s so important to find a solicitation defense attorney.
Solicitation, by the Numbers
State laws vary on what constitutes solicitation, but on average this definition includes:
- requesting someone else to participate in a criminal conduct
- express an intention to join that person in criminal conduct
This is a fairly broad definition. What differs in different states regarding this is what it actually takes to solicit. Additionally, this is complicated if you only mentioned it in passing.
Prostitution is most often related to this crime, as that’s exactly what it takes to suggest, accept, and participate in sex for money, which is illegal. Generally speaking, the participants must communicate a request for sex acts and for compensation. But, as we’ve said, there must also be an intention to act on the request.
Subsequent Crimes: You Don’t Need To Actually Commit Any
What’s important to remember when it comes to solicitation is that the actual crime doesn’t need to actually go through. Defendants can still be guilty of solicitation even when nothing comes of it. This is a fairly common mistake many people make, and one that’s really not worth making.
While a solicitation charge doesn’t need the actual crime to go through for it to be a crime, it’s not impossible to defend against.
Defending against a solicitation charge typically involves the defendant challenging that they didn’t do it, or that there wasn’t any criminal intent. In some cases, defendants will not be held liable if they recant their intention and take the offer officially off the table.
A Guilty Verdict
Solicitation can take many forms and, as a result, punishment for solicitation can be differently severe, depending. The escalation of solicitation charges escalates, depending on the severity of the primary felony.
And, with that said, it’s understandable that a solicitation defense attorney is absolutely crucial in these cases. If you are in the Daytona Beach and Flagler county areas and looking into legal counsel, get in touch with Koleilat and Miller, today!