Being charged with solicitation is different from a regular criminal charge. This is because solicitation does not always indicate that a crime was committed. Sometimes, a solicitation charge can be brought about simply by discussing or requesting that someone commit a crime. Your future freedom depends on getting in touch with a Beverly Hills federal solicitation to commit a crime lawyer when this occurs.
We at the Law Offices of Marc S. Nurik are aware of how challenging and perplexing it can be to deal with solicitation charges. We are knowledgeable about the law and can help you by defending you against such accusations. Our clients can rely on us to protect their interests.
Getting someone else to commit a crime is known as solicitation. The term “target offense” describes the requested act. Offering someone money to kidnap someone else who has harmed you, for example, is considered solicitation to commit the crime. Only if they actually committed kidnapping would the person you persuaded to do so face charges. However, you would be charged with solicitation regardless.
Solicitation can be classified into two categories: “solicitation of a crime of violence” and “solicitation of a minor.” Various federal laws define these offenses.
In federal solicitation cases, the case frequently involves the solicitation of a crime of violence. Hiring a hitman, asking someone to attack someone else, or encouraging someone to rob a location—especially with a weapon—are a few instances of this. Violent crimes that can be solicited include aggravated assault, armed robbery, rape, and murder. Asking someone to commit a violent crime is against the law and can result in charges.
Child solicitation is the second most prevalent kind of solicitation. Generally, this includes asking a minor to engage in sexual activity. This activity doesn’t have to be solely for the solicitor’s benefit. It could also be soliciting them to engage in sexual activity with someone else, like in cases of prostitution. It is also against the law to request or encourage minors to cross state lines to take part in illegal sexual activity.
Even if you believed the minor was a child and they turned out to be of legal age, you can still be charged with solicitation of a minor. For example, if an adult poses as a child while undercover, the perpetrator can still be charged if they thought the adult was a minor and encouraged them to leave their home for sexual purposes. Even if the actual act has not yet occurred, they may still face charges.
Solicitation is one of those situations where a defendant can argue they did not intend to commit the crime, especially if the actual criminal act has not happened. There are a few defenses a person can use, with the help of their attorney, if they are charged.
If convicted of federal solicitation in Beverly Hills, CA, a person will receive half the penalty for the criminal offense. For instance, if the crime is punished by ten years in prison, soliciting the crime will result in a punishment of five years in prison.
First-degree murder is one offense that defies this rule, as the crime itself is punishable by life in prison. The maximum sentence for solicitation is 20 years in prison. You can learn more about the charges against you and the potential consequences of the offense from an attorney.
The nature of the actions is the primary distinction between solicitation and attempt. An attempt entails making a significant move in the direction of committing a crime and demonstrating a clear intention to finish it. Solicitation entails urging or requesting someone else to commit a crime, no matter if the crime is actually attempted or carried out. While an attempt is more closely related to the actual crime, solicitation is a preparatory offense.
In California, you can usually fight a solicitation charge by saying:
Legal defenses may also include claiming entrapment if the police led to the solicitation. A lawyer can question the evidence, the credibility of witnesses, or the fact that there was no clear solicitation.
Assembly Bill 1076 in California automates the process of removing or sealing certain types of criminal records. It lets some arrests and convictions for nonviolent crimes be taken off a person’s record automatically after they finish their sentence. This bill makes it easier for people with certain convictions or arrests to get jobs, housing, and other opportunities without having to file a petition for expungement by hand.
A non-solicitation clause in criminal law usually means that you can’t ask other people to commit crimes, especially violent crimes or felonies. California’s solicitation laws, like Penal Code 653f, make it illegal to ask or encourage someone to commit murder, robbery, or other serious crimes. If you break these laws, you could be charged with a crime, even if the crime you asked for doesn’t happen. The asking for the crime itself is the crime.
If you have been charged with federal solicitation to commit a crime, you may have options available to you. The Law Offices of Marc S. Nurik can aid you. Contact us today for more information.
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