Criminal defense solicitation

by | Jul 21, 2019 | Criminal Defense

Another crime in the realm of criminal defense under the inchoate umbrella of crimes is criminal solicitation. Criminal solicitation is defined under section 902 of the Pa criminal code. rape The statute essentially defines criminal solicitation as one individual requesting or commanding another to act in a way that would constitute a crime. For instance, the most readily available example and the one that most people think of when they think of criminal solicitation is, solicitation of a prostitute. In this example, an individual solicits another to engage in criminal behavior in exchange for money. It is important to note that money does not need to exchange hands to be considered solicitation. The statute does not mention anything about a monetary value necessary to prove the crime took place. The Commonwealth only needs to prove that the circumstances surrounding the solicitation were done with the intention of promoting or facilitating the commission of the crime solicited.

Just like the related criminal defense inchoate crimes, intention for the charge of solicitation is one of the key elements when determining if this took place or not. However, the only intention that matters is the person making the solicitation.  illegal searches It does not matter if the person who was being solicited intended to commit the offense requested. That would not be an acceptable defense against the charge of solicitation. However, what would be an acceptable defense is the defense of renunciation. Renunciation is done after the solicitation has taken place and it just means that they tried to convince the person they solicited to not go through with it or they stopped the crime from taking place by some other means such as calling the police. The circumstances surrounding the renunciation must show a complete and voluntary renunciation of their criminal intent. Solicitation is usually punished when the crime solicited constitutes a felony which can come with serve consequences if found guilty. It is of the utmost importance if you have been charged under this statute that you seek legal representation. The attorneys at the Bellwoar Kelly, LLPare experienced attorneys who will fight for the best possible outcome given the facts of your case.

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