Solicitation | Los Angeles solicitation attorney | solicitation defense lawyer Los Angeles

SOLICITATION

The crime of solicitation consists of facilitating, commanding, encouraging, promoting, recruiting, counseling, inducing, or urging another person to commit a crime. The elements of solicitation are 1) the actual words or terms used to encourage someone to commit the crime and 2) the specific intent for the purposes of completing the intended crime. A person is guilty of solicitation even if the crime solicited is not completed or even started. Also, the person solicited does not have to agree to commit the crime. In non-legal terms, solicitation is “asking a person to commit a crime”.

California Solicitation Law
Solicitation crimes of a wide variety are defined in Penal Code section 653f. This section of the Penal Code refers to only the solicitation of certain felonies. The term “solicitation” is more commonly associated with “solicitation to commit prostitution.” However, that section is actually found in another section of the Penal Code—647 (b), (misdemeanor).
Please refer to Prostitution (Click Here)

Penal Code section 653f (Solicitation to Commit Felony) outlines specific crimes in subsections (a) through (e).

Penal Code 653f(a)

Every person, who, with the intent that the crime be committed,
Solicits another to offer or accept or join in the offer or acceptance of:
- bribery
- robbery
- grand theft
- carjacking
- burglary
- receiving stolen property
- extortion
- perjury or subornation of perjury
- forgery
- kidnapping
- arson
- assault with a deadly weapon, instrument or force likely to produce great bodily injury (GBI)
- preventing or dissuading a witness from testifying at trial by use or threat of force.

Penal Code 653f(b)

Every person, who, with the intent that the crime be committed,
Solicits another to commit or join in the commission of murder.

Penal Code 653f(c)

Every person, who, with the intent that the crime be committed,
Solicits another to commit rape, sodomy, or oral copulation by force or violence.

Penal Code 653f(d)

Every person, who, with the intent that the crime be committed,
Solicits another to commit any violation of
Health & Safety Code 11352, 11379, 11379.5, 11379.6, or 11391.

Penal Code 653f(e)

Every person, who, with the intent that the crime be committed,
Solicits another to commit any violation of Section 14014 of the Welfare & Institutions Code.

Solicitation, Attempt, and Conspiracy
Solicitation, attempt. and conspiracy are often referred to as “inchoate” or incomplete crimes. The key differences between solicitation, attempt, and conspiracy are: Attempt requires a specific intent to commit a crime and an initial step or act towards the commission of the crime. The act in an Attempt crime must be a “substantial step” toward the commission of the crime. Solicitation does not require an initial step or “substantial act” towards the completion of the crime. Solicitation is complete the second the statement is made. Solicitation is a crime of words where Attempt is more of a crime of action. Conspiracy does not require a substantial step towards completing the crime. The essence of conspiracy lies in the unlawful agreement. The mere agreement between two people to commit a crime is conspiracy.

What the Prosecutor Has to Prove
In order to secure a conviction at trial, the prosecutor must prove any of the above-listed crimes plus the testimony of two witnesses or the testimony of one witness and corroborating evidence. The witnesses may include the person(s) who were solicited. Corroborating evidence is evidence that (1) tends to connect the defendant with the commission of the crime and (2) is independent of the evidence given by the witness who testified about the solicitation or independent of the facts testified to by the witness. Corroborating evidence does not have to be strong or even enough to establish each element by itself. The corroborating evidence may include the defendant’s acts, statements, or conduct, or any other circumstance that tends to connect the defendant to the crime. To convict someone of solicitation the crime solicited does not have to be completed or even started. The person solicited does not have to agree to commit the crime.

Los Angeles Solicitation Lawyers
If you are facing solicitation charges the criminal defense attorneys at Stephen G. Rodriguez & Associates can help! We have successfully represented thousands of individuals facing criminal charges including solicitation charges. We have the knowledge, experience and ability to successfully negotiate with judges and prosecutors. We understand there is a lot at stake if you are convicted of a crime.

Call us for a free one-on-one consultation.

Law Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071

Telephone
(213) 223-2173

Los Angeles criminal defense attorneys Stephen G. Rodriguez and Associates represent clients in the Los Angeles county area, which include, Airport Courthouse, Alhambra Superior Court, Antelope Valley Court, Bellflower/Cerritos Courthouse, Beverly Hills Court, Burbank Courthouse, Catalina Courthouse, Central Arraignment Court, Central Civil West Courthouse, Chatsworth Court, Criminal Courts Building/Clara Shortridge Foltz Criminal Justice Center, Compton Superior Court, Culver City Court, David V. Kenyon Juvenile Justice Center, Downey Courthouse, Eastlake Juvenile Court, East Los Angeles Court, El Monte Courthouse, Glendale Courthouse, Hollywood Court, Inglewood Courthouse, Inglewood Juvenile Courthouse, Long Beach Superior Court, Los Padrinos Juvenile Courthouse, Central District Court (Downtown Los Angeles Federal Court), Malibu Court, Mental Health Courthouse, Metropolitan Courthouse, Norwalk Superior Court, Pasadena Superior Court, Pomona Courthouse North, Pomona Courthouse South, Redondo Beach Courthouse, San Fernando Court, San Pedro Court, San Pedro Courthouse Annex, Santa Clarita Court, Santa Monica Court, Stanley Mosk Courthouse, Sylmar Juvenile Court, Torrance Superior Court, Van Nuys Courthouse East, Van Nuys Courthouse West, West Covina/Citrus Court, West Los Angeles Court, and Whittier Superior Court.

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