Attempt, Solicitation, & Conspiracy


SHORSTEIN, LASNETSKI, & GIHON
defends against
Attempt, Solicitation
& Conspiracy
allegations.

Attempt,  Solicitation & Conspiracy are called inchoate crimes and are attached to specific offenses. They are defined in Florida Statute Section 777.04.  They are all related to forming a criminal intent for a specific offense to be committed.  Attempts, Solicitations, and Conspiracy can be easier to prove for the State and in many instances, punished just as severely as if the offense were completed.  Call the experienced Jacksonville criminal defense attorneys of Shorstein, Lasnetski, & Gihon to discuss your Attempt, Solicitation or Conspiracy case today.  

What is an "Attempt?"

To prove that you attempted to commit a crime, the State must prove:
  • you did some act toward committing the crime that went beyond just thinking or talking about it, and
  • you would have committed the crime except that:
    • someone prevented you from committing the crime, or
    • you failed.

What if I abandoned the attempt to commit the crime?

It is not an attempt if you abandoned your attempt to commit the crime or otherwise prevented its commission, under circumstances indicating a complete and voluntary renunciation of your criminal purpose. 

What is "Solicitation?"

To prove that you solicited a crime, the State must prove:
  • You solicited someone to commit a crime, and
  • during the solicitation, you
    • commanded
    • encouraged
    • hired, or
    • requested
that person to engage in specific conduct, which would constitute the commission of the crime or an attempt to commit the crime.

"Solicit" means to ask earnestly or to try to induce the person solicited to do the thing solicited.

What if I didn't commit any act and I'm charged with solicitation?

It is not necessary that you did any act in furtherance of the offense solicited.  So, if you encouraged someone to kill your wife, you need not commit any act, make any payment or do anything to be convicted of Solicitation of murder. 
What if I solicited someone to commit a crime, but they didn't do it?

Solicitation is complete when you solicit the person to commit the crime, so whether they actually go through with it is irrelevant to whether you are guilty of solicitation.  Often, people are arrested immediately after the solicitation.  For example, if you approach a prostitute and ask her to complete a sex act for money, but it turns out that the prostitute was an undercover police officer; you would be arrested, immediately after you asked the prostitute to exchange money for sex.

What if I solicited someone to do something illegal but then changed my mind and convinced them not to do it?

It is a defense to solicitation to persuade the person not to commit the crime or to otherwise prevent the commission of the offense.  It is not a defense if the other person simply gets cold feet and doesn't go through with it or if the other person is an undercover police officer.

What is "Conspiracy?"

To prove conspiracy to commit a crime, the State must prove:
  • Your intent was that the offense would be committed, and
  • in order to carry out the intent, you:
    • agreed
    • conspired
    • combined
    • confederated
with a person to cause the offense to be committed either by them, or one of them, or by some other person. 

What if I just agreed to commit the crime but didn't do anything after we talked about it?

It is not necessary that you do any act in furtherance of the offense conspired. So unlike attempt, you can be convicted of conspiracy to commit a crime, if all you did was make an agreement with someone to commit the crime.  So, for example, if you and an undercover agent meet and you agree to sell him a kilo of cocaine.  The conspiracy occurs at the time of the agreement and therefore you can be convicted of conspiracy even if there is no actual deal.

What if the police don't have a recording of me verbally agreeing to anything?

It is not necessary that the agreement, conspiracy, combination, or confederation to commit the offense be expressed in any particular words or that words pass between the conspirators.  So, the prosecution can establish a conspiracy through actions and other evidence.  For example, if you actually deliver a kilo of cocaine to an undercover agent and he provides you with money, this will be strong evidence that the two of you had an agreement, whether it was explicit or implicit. 

What if I pulled out after making the agreement?

It is a defense to conspiracy if you persuaded the person not to commit the offense or otherwise prevented the commission of the offense.  However, it is not a defense if the other person simply got cold feet or if they failed. 

What are the potential sentences for an attempt, solicitation, or conspiracy?

Generally, an attempt, solicitation or conspiracy to commit an offense will be one degree lower than the offense that was attempted, solicited, or conspired.  For example, Attempted Burglary to a Dwelling would be a Third Degree Felony (because Burglary to a Dwelling is a Second Degree Felony).   
  • If the offense is a Capital Felony
    • First Degree Felony
  • If the offense is a Life Felony or First Degree Felony
    • Second Degree Felony
  • If the offense is a Second Degree Felony
    • Third Degree Felony
  • If the offense is a Third Degree Felony
    • First Degree Misdemeanor
  • If the offense is a First Degree Misdemeanor
    • Second Degree Misdemeanor

But there are exceptions:

  • Burglary that is a Third Degree Felony
    • Remains a Third Degree Felony
  • Third Degree Felony ranked as a level 3 through 10 in the sentencing guidelines
    • Remains a Third Degree Felony
  • Conspiracy to Violate Election Code
    • Remains the degree of the offense
  • Solicitation or Conspiracy under Marine Turtle Protection Act
    • Third Degree Felony
  • Conspiracy to Commit Bookmaking
    • Remains the degree of the offense

If you or a loved one has been arrested for or accused of a
Attempt, Solicitation, or Conspiracy,

Call Shorstein, Lasnetski & Gihon Now!
Jacksonville Criminal Defense Attorneys

904-642-3332 (Jacksonville)

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