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The state can investigate or arrest you for criminal solicitation if they have reason to believe that you commanded or offered to pay someone else to commit a felony crime on your behalf. The state can also charge you for solicitation, even if the individual does not carry out the criminal action. The potential consequences of a conviction are severe and far-reaching, including significant fines and imprisonment.
Having such a serious criminal offense hanging over your head can be highly stressful and overwhelming, but you can ask for help. Taking action with a dedicated criminal defense attorney to defend yourself is the best way to overcome the charges you face. It is crucial to learn about the laws and possible defense strategies to review all your options. Speak to a seasoned Atlanta solicitation lawyer today to learn more and schedule a consultation.
When one party takes action to coerce an individual to commit a criminal offense, they also commit a crime. More specifically, according to the guidance provided by the Official Code of Georgia § 016-4-7, anyone who intentionally solicits another, either by request or command, to perform an action that is a felony is guilty of solicitation. The state must demonstrate to the court beyond a reasonable doubt that you engaged with someone intending for them to carry out the criminal action. They must establish your intent and the act of solicitation for a guilty conviction. The elements of the offense include:
During the consultation, an attorney in Atlanta could answer specific questions about the criminal court process, charges, and possible sentencing for a solicitation conviction. Having a qualified legal professional on your side guiding you throughout the process and advocating for your rights and freedom can alleviate stress while also helping you reach the best potential outcome.
Punishment for a conviction could include one to three years of incarceration. However, that can increase up to five years if the criminal action the state alleges you requested or commanded another to carry out is a crime with the potential for life in prison or the death penalty. A lawyer in Atlanta could review your solicitation case, including the arrest specifics, to help strategize and determine the most effective defense strategy.
Intent is a vital component necessary for the state to obtain a conviction. Therefore, arguing there was no intent to solicit another to commit a crime could be an effective defense strategy. Other options include lack of evidence to establish guilt, mistake of facts, and entrapment. The latter occurs when the authorities try to influence people to commit crimes they would not have done if not for their harassment or pressure.
The state’s case must prove that you asked, ordered, hired, or encouraged another to commit felony criminal action beyond any moral certainty to secure a conviction for criminal solicitation. Therefore, it is essential to create a plan to prevent them from proving their case.
While the mentioned defenses are options to review, no universal plan works for everyone. A hard-working and skilled Atlanta solicitation lawyer could answer all your questions and review each strategy in detail to help you decide the most effective.