Criminal Solicitation O.C.G.A. 16-4-7
Most of the time you hear about a crime that just happened. No one planned it or asked someone to do it for them; there was no criminal solicitation involved. For instance, a person you may hear someone was arrested for burglary or murder in Atlanta Georgia. You do not hear what happened prior to the crime. There is a small group of crimes where the actual crime they want to commit does not have to happen in order for them to be arrested.
Inchoate crimes are criminal acts that happen before a crime. Inchoate crimes involve the step-by-step planning of a crime. Each step brings you closer to committing an actual crime that can get you more jail or prison time.
One type of inchoate crime is criminal solicitation found under the state statute, O.C.G.A. 16-4-7.
Solicitation is the Second Inchoate Crime in Atlanta Georgia
As mentioned before, inchoate crimes involve a small number of criminal acts that happen prior to the actual crime. For example, the second inchoate crime is a conspiracy. Conspiracy is the act of planning a crime with two or more people. The next step in the inchoate crimes is called attempt. Attempt involves taking a substantial step toward committing the actual crime.
You or your loved one is charged with the first inchoate crime, a solicitation. Solicitation is the criminal act of asking someone to commit a crime. Asking anyone to commit a crime is illegal. It is a crime because you are accused of hiring or causing an individual to commit a crime they would do unless asked.
Do not be confused with solicitation connected with prostitution. The prostitution solicitation involves asking an individual to engage in a sex act. That sex act is illegal because you are exchanging money or something of value for the sexual activity.
Solicitation means asking, but the law considers “asking” as any of the following:
The crime you allegedly as asked someone to commit must be a felony crime. A felony crime includes illegal acts like murder, kidnapping, and robbery.
Atlanta Georgia Criminal Solicitation is a Felony
The punishment for solicitation is one to three years in prison. The prison time increases if you asked someone to commit a felony with the penalty of death or life in prison attached to it. In that case, you may be punished with a prison sentence of one to five years.
What You Need to Know About Defending Yourself in a Criminal Solicitation Charge in Atlanta Georgia
You have options to fight your criminal solicitation charge in Atlanta Georgia. You should always tell your truthful version about what happened before and after your arrest. A defense is invaluable because you are fighting the charge. Some common defenses criminal solicitation in Atlanta Georgia include, but are not limited to:
Lack of evidence is the type of defense that makes the state show their evidence. With this defense you are betting the state does not have the evidence to take the case to court. This is a pressure tactic that helps you. If the state does not have enough evidence, they cannot take the case to trial. If you are successful, the case will be dropped.
Lack of intent to solicit anyone. You claim that you never approached anyone about committing a crime. The person accusing you of doing so is lying.
You never asked anyone to commit a crime for you. This defense eliminates the important element of asking someone to commit a felony.
Insufficient evidence is different than a lack of evidence. Insufficient evidence means prosecutors do not have great evidence to prove to the jury that you tried to get someone to commit a crime.
Mistaken identity is another defense. You are not guilty of committing a solicitation crime. Someone did ask a person to commit a crime, but it was not you. You are being mistaken for the true criminal.
The actual innocence defense is that you did not commit the crime at all. You have a strong reason for not committing the crime, you are innocent. The actual innocence defense may include having an alibi.
You have an alibi. This was mentioned in the innocent defense. You are innocent because you were not at the scene at the time the person was being solicited.
Not all defenses may not fit your criminal solicitation charge. Do not worry if you do not see the defense you can use. Your attorney will pick the defense. The defense you choose will be adapted to the facts of the case to help you avoid criminal liability.
Contact Yeargan & Kert, LLC to Fight Your Criminal Solicitation in Atlanta Georgia
The goal of inchoate laws is to stop the crime before it happens and punish you for allegedly wanting to commit that particular crime. If you are charged with criminal solicitation, do not think the prosecutor has a tough case against you. It could only be circumstantial at best.
State law only takes one defense for criminal solicitation off the table. The defense we cannot use is the person you allegedly asked to commit the crime could not have committed the crime. Other than that small setback, we have some good defenses available to use. These defenses include you never asked anyone to commit a felony crime.
Criminal solicitation is a tough crime to be charged with, but it is a winnable case. Let’s discuss your case during a free case evaluation.