Criminal Defense Lawyers

What is Solicitation Under Florida Criminal Law?

What is Solicitation Under Florida Criminal Law?

Solicitation is one of three inchoate crimes in Florida, along with criminal attempt and criminal conspiracy. An inchoate crime refers to preparing for or seeking to commit another crime. With solicitation, a person encourages, requests, or commands someone else to commit a crime, even if that crime is never actually carried outThe Legal Definition

Florida Statute 777.04(2) defines criminal solicitation like this:

“A person who solicits another to commit an offense prohibited by law and in the course of such solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense commits the offense of criminal solicitation.” 

• Person A asks, encourages, commands etc. Person B to commit a crime
• Person A intends for the crime to be carried out
• The crime does not have to actually occur

The statute also ranks criminal solicitation as one offense level below the attempted crime for sentencing purposes (more on that later). 

What’s the Difference Between Solicitation and Conspiracy?

Conspiracy and solicitation have some overlap under Florida law. The main difference is that with conspiracy, multiple people agree to commit a crime together.

With solicitation, only one person (the solicitor) intends and encourages the crime to happen. The other person does not have to agree to commit the crime. 

So in a conspiracy, two or more people intend and plan to commit the crime. With solicitation, only the person making the request intends for the crime to happen.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

What Does the State Have to Prove?

For a solicitation conviction in Florida, the prosecution must prove the following elements beyond a reasonable doubt:

• Intent: The defendant intended for the criminal offense to be carried out
• Request: The defendant requested, commanded, hired, or encouraged someone else to commit the offense
• Specificity: The request referred to specific criminal conduct

The state does not have to prove the crime actually occurred. Just the act of requesting it is enough.

And the person being solicited does not have to agree to commit the crime. Simply making the request with criminal intent is sufficient.

Examples of Solicitation

Solicitation charges can arise from a variety of circumstances. Some examples include:

• Asking someone to murder your spouse for money
• Requesting someone beat up another person
• Trying to hire someone to rob a store
• Encouraging someone to burn down a building for insurance money
• Suggesting someone sell you illegal drugs
• Convincing a minor to send you nude photos

Defenses Against Solicitation Charges

Some potential defenses to fight solicitation charges include:

Lack of Intent: The state has to prove you intended for the crime to occur. So evidence showing you didn’t really want the offense committed could defeat the charges.

False Accusations: If the other person falsely claims you solicited them, highlighting credibility issues and motives to lie can undermine the case.

Entrapment: If police improperly induced you to commit a crime you otherwise wouldn’t have, that may invalidate the charges.

Mistake of Fact: Evidence you reasonably but incorrectly believed your conduct wasn’t illegal could help show lack of intent.

Mental State: Evidence of mental conditions that impacted your ability to form criminal intent could defeat the charges.

An experienced criminal defense lawyer can evaluate the evidence against you and build a tailored defense to attack the state’s solicitation case on every front. 

Penalties and Sentencing

As mentioned earlier, under Florida law the offense level for solicitation is ranked one level below the completed crime.

So soliciting a first-degree felony drops it to a second-degree felony for sentencing purposes. Soliciting a third degree felony makes it a third-degree for sentencing. 

The ranking matters because it impacts the potential prison time if convicted. Like this:

First-Degree Felony

• Completed Offense: Up to 30 years
• Solicitation: Up to 15 years

Second-Degree Felony

• Completed Offense: Up to 15 years
• Solicitation: Up to 5 years

Third-Degree Felony

• Completed Offense: Up to 5 years
• Solicitation: Up to 5 years

In addition to incarceration, solicitation convictions can also carry significant fines, probation, and other penalties.

And solicitation charges can have other collateral consequences as well, like harming employment prospects and professional licensing status.

Getting Legal Help

Facing criminal solicitation accusations in Florida can be extremely serious. The potential penalties are severe, and the complex legal issues involved make mounting an effective defense challenging.

Having an experienced Florida criminal defense lawyer in your corner can make all the difference. They understand the solicitation laws and how prosecutors build these cases. And they have the skills to carefully analyze the evidence and identify every possible defense.

So if you believe you may face solicitation charges, or have already been arrested, contact a qualified attorney immediately. An prompt, aggressive defense is critical for achieving the most favorable outcome possible.

References