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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

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Federal Solicitation Charges: Understanding the Laws, Penalties and Defenses

By Spodek Law Group | April 9, 2023
(Last Updated On: June 2, 2023)

Last Updated on: 2nd June 2023, 10:20 pm

Federal Solicitation Charges: Understanding the Laws, Penalties and Defenses

Have you been accused of solicitation to commit a crime? Are you facing federal charges that could change your life forever? If so, it’s crucial to understand what solicitation means under federal law.

Solicitation is an inchoate crime that involves inducing or persuading someone else to commit a target offense. This can be charged as a federal offense if the defendant intended that another person engage in conduct constituting felony crime of violence illegal under the laws.

Our Los Angeles criminal defense lawyers will review below everything you need to know about federal solicitation charges, including its primary factors, penalties, defenses and elements of the crimes.

What is Solicitation?

Simply put, defendants may be charged with solicitation if they ask another person to commit a felony. The essential elements are intent and an actual act committed in furtherance of convincing them to commit a crime.

To obtain a conviction for solicitation to commit a crime, a prosecutor must prove beyond reasonable doubt that the defendant affirmatively intended for another person to commit a federal target offense. Once these two components occur, then “solicitation” has taken place.

It is important to note that soliciting another person to participate in any violent acts is punishable by 18 U.S. Code § 373 – Solicitation To Commit A Crime Of Violence under Federal Law. Most violations are dealt with through this statute since it concerns only “solicitations” involving criminal offenses resulting from violence.

Federal Law also distinguishes between simple “solicitation” and “solicitation of minors,” which includes anyone below 18 years old who becomes involved in criminal activity not limited by sex-related matters nor child abuse cases.

Defining Target Offense

For one’s crime charge to stem from solicitation towards an underlying any specific offense such as coercion or enticement toward illegal sexual behaviors or act of violence (target offense).

For instance, solicitation for arson. If one offers money to someone to set fire on a business rival’s property, it is soliciting a target offense known as arson. Hence , the person agreeing and going through with the criminal acts are facing charges due to that particular crime committed while the one enticing another to commit them facing charges in line with solicitation.

Elements of Federal Solicitation Crimes

Different statutes under federal law lay out distinct elements defining criminal actions that might amount to federal solicitations:
– For 18 U.S.C. § 2422 – Solicitation Of A Minor, knowingly prompt, convince or compel an individual below 18 years of age across interstate or foreign borders for foolish sexual practices constitutes unlawful conduct;
– Use email services, social media platforms or cross state lines to request/entice minors into illegal sex activities.

Penalties for Violating Federal Solicitation Charges

Those found guilty of federal solicitation charges receive half-punishment for penalties prescribed if minimum requirements satisfied but were not successful committing felony (target) crimes mentioned above.

This means if you prompted/tried an individual into homicide (the offense carrying ten-year imprisonment); upon conviction for only claiming their willingness/an attempt will lead towards five-year maximum convict period giving life-sentence felonies such as first-degree murder.

It’s important somehow because this may confuse people made aware they could be convicted even without accomplishing any specific targets tied explicitly within the charge presented by authorities.

Defense Strategies Against Solicitations

The existence and convenience enforced via some defense strategies help fight back against allegations leveled in court against solicitors charged with violation of federal laws:

-The prosecutors must establish two major elements: intent and persuasion/solicitation.

Hence denying prompting others perpetrate certain-specific act over which sentence handed down like claiming ignorance unawareness regarding illegality thereof used; explaining affirmative defences specifically retracting requests acts desire actions to be done when they remove the request from the accused suspect soon.

-The initial presentation can go along with entrapment if police enforcement agents or investigators (plainclothes in specific cases) harass/force those suspected towards commission dealing different kinds of crimes before being charged criminally deserving solid legal resistance/rebuttal-defences know-how.

– To prevent implying guilt, there should exist an offer for coercion or misrepresentation; a defendant’s subsequent withdrawal attempt the same will considerably weaken accusation faced giving them affirmative defence both retraction, demonstration with proof that they do not show intent nor acted on intentions within solicitation provided.

Getting Legal Help

If facing federal solicitation charges, it is worth reaching out to experienced attorneys capable of assisting clients nationwide by providing superior legal representation.

Our criminal defense lawyers based in Los Angeles County at Eisner Gorin LLP represent defendants located across California and throughout various regions in America.

You may contact us today for your first consultation by ringing our lines toll-free at 310-328-3776 or filling up our website forms specifically designed to address all initial inquiries proactively promptly bettering comprehensive potential defenses against these accusations fronted for you!

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