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Not only are there plenty of crimes that you can be charged with under California penal code, but there are also a number of crimes that you can be charged with for soliciting someone else to commit the same crimes. This can get a little confusing, especially since the mountain of legalese you’re going to be facing is either going to be complicated, convoluted, or both. But don’t worry. We’re going to walk you through the definitions, punishments, and applicable legal defenses for the charge of soliciting someone to commit a crime. So let’s get started with a few definitions, shall we?
Definitions of Soliciting Someone to Commit a Crime
There are a couple of elements that have to all fall into place in order to be charged with soliciting someone to commit a crime. These are that you asked someone to commit a crime that’s covered under California’s criminal solicitation law, that you intended for that crime to actually be committed, and that the other person in fact received the communication where you asked them to carry out the crime. Now that we know what the definitions are for soliciting someone to commit a crime, let’s look at the crimes that are covered under this law. These are carjacking, robbery, burglary, grand theft of any kind. receiving some stolen property, extortion, perjury, forgery of something, kidnapping someone, arson, assault with a deadly weapon, dissuading a witness in some way, murder, sex crimes committed either by force or violence (which includes rape, sodomy, oral sex and penetration with a foreign object, the sale or transportation of a controlled substance, and also medi-Cal fraud. With all of this said, it’s also important to note that the person who’s being solicited for the crime doesn’t actually have to commit the crime. Even if they’re solicited for it it still counts. So now that we’ve gotten some definitions out of the way, let’s look at punishments you can face for soliciting someone to commit a crime.
Punishments for Soliciting Someone to Commit a Crime
The thing about this charge is that the punishment all depends on what crime you solicited the other person to commit. For instance, if you solicited someone to sell or transport a controlled substance, that would be considered a misdemeanor for a first offense, giving you jail time of up to six months. If instead you’re charged with a forcible sex crime, you’ll be facing a felony with jail time of two, three, or four years and a fine of up to $10,000. For soliciting someone to commit a murder, you’ll be facing a felony with prison time of three, six, or nine years, and a fine of up to $10,000. Soliciting someone else to commit other types of crimes falls under the category of a wobbler, which basically means that they can be charged as a misdemeanor or a felony, depending on what the charge is. Misdemeanors would be up to one year in county jail, and felony charges would be sixteen months, two, or three years in county jail.
Legal Defenses for Soliciting Someone to Commit a Crime
The main defense for this charge is that there’s insufficient evidence, which is especially important since the burden of proof in cases like this is pretty high for the prosecution.
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As you can see, the law isn’t that complicated once you break it down into simple chunks. So if you’re facing any kind of legal troubles, get in touch with us today. You’ll be glad you did.