Arrested? Call (800) 763-4065 Now for a Free Criminal Defense Consultation. No Obligation!
Solicitation
Solicitation is the act of attempting to persuade or convince another person to commit a crime – with the knowledge that the actions that will be committed are unlawful. Usually, this type of crime will entail encouraging someone to commit a crime, bribing her in some way, or forcefully commanding the person to perform an action.
In many cases, such as prostitution, a person does not have to actually commit the crime for the other person to be charged with solicitation. Solicitation can also be used in assault cases and other crimes.
Other forms of solicitation are still considered a crime. For example, if a person knowingly asks someone to commit the crime and a third party overhears and commits said crime, the person can still be charged with solicitation.
If solicitation occurs and both people engage in the crime, both will be charged with solicitation. While solicitation is a serious crime, an attorney can help you sort through the legal process and determine a defense strategy for you to use in court. It is very important to speak with an attorney as soon as you have been charged so that your legal counsel can represent you for the duration.
Laws Regarding Solicitation and Solicitation of a Minor
Solicitation of an adult will be treated much differently by the courts than the solicitation of a minor. If you are accused of soliciting a minor, the courts will deliberate on whether you corrupted said minor and your penalties will reflect the type of crime and severity of the incident.
Penalties for Solicitation and Solicitation of a Minor
Solicitation is not as serious a crime as actually committing the unlawful action being discussed. Therefore, if the action did not occur, the penalties for solicitation will be substantially lower than if they did occur at some point because of the crime in question.
However, some states will still punish people for solicitation in the same way regardless of whether the unlawful act actually took place or not. The type of punishment applied to this type of crime will also depend on severity of the offense and whether the person is a first-time or repeat offender.
Solicitation for a less serious crime will usually be punishable by half of the maximum term for imprisonment, as outlined by Federal law. Other penalties may include a fine or the combination of both fine and imprisonment. If the crime that was being solicited is serious enough that the punishment can lead to life imprisonment or death, the penalties for solicitation can be up to 20 years in prison.
Defending a Solicitation Charge
For more information on how to defend against solicitation charges or solicitation of a minor, it is important to consult legal advice and find appropriate counsel as quickly as possible. This will allow a lawyer to evaluate your situation and decide on the best route to defend you. In order to ensure that you are treated fairly in court or while negotiating a settlement, a lawyer will be able to present you with information about the legal process and your rights as a citizen.