Last Updated on: 21st October 2023, 08:32 am

Solicitation of a Crime Charges: How a Criminal Defense Attorney Can Defend You

Getting charged with solicitaion of a crime can be scary. But there are things a good criminal defense attorney can do to help. This article talks about what solicitation charges are, what the penalties are, and how a lawyer can defend you.

What is Solicitation?

Solicitation is when someone asks, encourages, or tries to get someone else to commit a crime. For example, if someone asks you to rob a bank or sell drugs for them, that’s solicitation. Just talking about doing something illegal isn’t enough. There has to be some action taken to actually try to get the other person to commit the crime.

Types of Solicitation Charges

Some common solicitation charges include:

• Solicitation of prostitution – When someone offers to pay money or something of value in exchange for sexual acts.
• Solicitation of a minor – When an adult tries to get a minor under 18 to commit certain sexual acts. This often happens online.
• Solicitation to commit murder – When someone tries to hire a hitman to kill someone.
• Solicitation to commit any other crime – Like asking someone to help you rob a store, sell drugs, commit fraud, etc.

Penalties for Solicitation

The penalties for solicitation depend on what crime you asked someone to commit.

For soliciting prostitution, it’s usually a misdemeanor with up to 1 year in jail. But if the person solicited is a minor, it becomes a felony with up to 10 years in prison.

Soliciting a minor online is usually a felony too, with 1-5 years in prison.

Soliciting murder or other violent crimes can be punished even more harshly, with decades in prison.

A criminal record from a solicitation conviction can also make it harder to get a job, rent a home, get student loans, etc.

How a Lawyer Can Defend You

A good criminal defense lawyer can help in several ways if you’re charged with solicitation:

• Fight the charges completely – In some cases, the lawyer may be able to get the charges dropped or acquitted at trial if there’s not enough evidence or you were wrongly accused.
• Get charges reduced – The lawyer may be able to negotiate with the prosecutor to get the charges reduced to a less serious offense with lighter penalties.
• Plead to a different charge – Such as pleading to a simple prostitution charge rather than solicitation of a minor if you have a strong defense.
• Argue for a lighter sentence – Present mitigating factors about you and the situation to the judge to help get probation or a shorter jail term.
• Protect your rights – Ensure police had proper cause to investigate and arrest you and that your rights were not violated. Get evidence thrown out if handled improperly.
• Avoid self-incrimination – Advise you not to talk to police without the lawyer present so you don’t accidentally confess to something you didn’t do.
• Negotiate a plea deal – Work out an agreement where you plead guilty in exchange for reduced charges or a lighter sentence.
• Present defenses – Use defenses like you didn’t actually intend for the person to commit the crime or you were unlawfully entrapped.

Common Defenses a Lawyer Can Use

Some common defenses a solicitation lawyer may use include:

• You didn’t actually intend for them to commit the crime – If you didn’t really mean for them to go through with it, it may not be true solicitation.
• You changed your mind – If you decided not to go through with it and called it off, that can show lack of intent.
• It was just talk, not a real plan – Simply talking about doing something illegal isn’t the same as actually planning it out.
• Entrapment – When police improperly convinced or coerced you into soliciting a crime you otherwise wouldn’t have.
• Mistaken identity – You were wrongly identified and didn’t actually solicit anything.
• Mental state – You have a mental disability or condition that impacted your judgment.

How to Find a Good Solicitation Lawyer

If you’re charged with solicitation, it’s important to find an experienced criminal defense lawyer who regularly handles these types of cases.

• Look for a lawyer with extensive knowledge of your state’s solicitation laws and defense strategies.
• Find someone who has represented clients in solicitation cases similar to yours before.
• Make sure they have a track record of good results in getting charges reduced or dismissed.
• Hire someone you feel comfortable with and who makes you feel confident about your case.
• Ask family or friends for referrals to defense lawyers they would recommend.
• Search lawyer directories and read reviews to find top rated solicitation attorneys.