Solicitation to Commit a Crime Law & Defense
California Penal Code 653f(a) - 653f(d)
To solicit a crime means to ask, encourage, request, entice, implore, try, plead, or invite another person to commit a crime.
A defendant can communicate his or her solicitation to commit a crime by just about any means of communication, including non-verbal communication.
The law on solicitation to commit a crime is found at California penal code section 653f. Section 653f has several subsections that cover specific acts of solicitation: PC 653f(a) Solicitation to commit a felony; PC 653f(b) Solicitation to commit murder; PC 653f(c) Solicitation to commit a sex crime; PC 653f(d) Solicitation to commit a drug offense, and more.
The most common criminal charge of soliciting a crime is found at penal code 653f(a) Solicitation to commit a felony not including murder. To be found guilty of PC 653f(a) the prosecuting attorney will need to show evidence that proves beyond a reasonable doubt that the defendant did all of the following:
1) encourage, entice, or otherwise request that another person commit a felony (such as a felony kidnapping, robbery, burglary, arson, vehicle theft, etc.),
2) the defendant intended that the other person actually commit the crime solicited (as opposed to requesting in jest, joking, or without any reasonable belief that the other person would commit a crime), and
3) the other person received the communication of solicitation of a felony
The crime of soliciting another to commit a crime is complete so long as the three elements above are proved...even if the person solicited does not actually carry out the solicited crime.
The crime of solicitation must usually be proved by at least two witnesses to the solicitation. One witness may be used to prove solicitation where there is corroborating evidence so long as the corroboration is independent of the witness who testifies about the communicated solicitation. Without this minimum of at least two witness testimony requirement, or one witness with separate corroborating evidence requirement, the crime of solicitation would be too easy to accuse innocent people of committing.
Note: Corroborating evidence can be the acts of the defendant such as his or her conduct.
It is important to remember that the crime of solicitation to commit a crime charged under PC 653f(a) is complete even if the person solicited does not agree to commit the requested crime.
Solicitation to commit a crime charged under PC 653f(a) is classified as a felony. If found guilty of PC 653f(a) the defendant may face up to three years in prison.
In addition to any possible prison commit, if found guilty of the crime of solicitation to commit a felony under PC 653f(a) the defendant could face stiff probation or parole terms, lose his or her professional or occupational license, be ordered to pay massive court fines and penalties, lose his or her immigration rights, and more.
Defenses to the criminal charge of solicitation to commit a felony include statute of limitations (three year statute of limitations for PC 653f(a)), insufficient evidence to prove the solicitation, insanity, intoxication, entrapment, double jeopardy, and more.
In many cases of soliciting crime charges it may be possible for a criminal defense attorney to have the criminal charges dismissed or have the sentence associated with the criminal charges reduced. Every soliciting case is different as the facts are different for every case; therefore, the possibilities of any reduced sentence, dismissal of the criminal charge, or negotiated plea agreement depends on the circumstances of each PC 653f(a) case.
If you or a loved one is charged with solicitation to commit a felony pursuant to PC 653f(a) contact criminal defense attorney Christopher Dorado toady.
Attorney Dorado and his team of experienced criminal defense attorneys have successfully defended hundreds of cases of misdemeanor and felony charges. Attorney Dorado is a successful criminal defense trial attorney. 100% of attorney Dorado's practice is dedicated to criminal defense and our consultations are provided at no cost to the accused.
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