Attempting to convince someone else to commit a criminal act is against the law in the state of California. Individuals who take this action could face charges under California Penal Code Section 653(f): Solicitation.
Solicitation of someone to commit a criminal act covers many different acts, which can make this charge difficult to understand without professional help. The Simmrin Law Group can help you go over all aspects of PC 653(f) charges as well as the results of a conviction and possible legal defenses.
Solicitation of a Crime: The Legal Definition
PC 653(f) defines solicitation of someone to commit a criminal act as:
- Asking Someone Else to Commit Certain Criminal Acts
- While Intending That the Crime be Carried Out IF
- The Other Person Receives the Request to Commit the Crime.
Note that not all criminal charges are covered under PC 653(f). Individuals should only be prosecuted for solicitation of a crime if they request someone else to commit:
- California Penal Code Section 118: Perjury.
- California Penal Code Section 136.1: Intimidating a Witness or Victim.
- California Penal Code Section 187: Murder.
- California Penal Code Section 211: Robbery.
- California Penal Code Section 215: Carjacking.
- California Penal Code Section 207: Kidnapping.
- California Penal Code Section 245(a)(1): Assault With A Deadly Weapon.
- California Penal Code Section 451 and 452: Arson.
- California Penal Code Section 459: Burglary.
- California Penal Code Section 470: Forgery.
- California Penal Code Section 487: Grand Theft.
- California Penal Code Section 496(a): Receiving Stolen Property.
- California Penal Code Section 518: Extortion.
This charge is also used by the court system to prosecute solicitation of the transportation and sale of drugs and Medi-Cal fraud. Additionally, soliciting individuals to commit violent sex crimes can lead to PC 653(f). However, you should be aware that PC 653(f) is not used to prosecute individuals for soliciting an act of prostitution.
Solicitation of a Crime: Examples
Strengthen your understanding of solicitation of a crime charge by going over these examples:
A woman wants out of her marriage, but doesn’t want a divorce. She decides to ask one of her friends to kill her husband because she believes she’ll get caught if she tries to kill him. Her friend refuses and reports her to the police. The woman could be charged with solicitation of a crime.
A man robs a local business and then returns home to his girlfriend. He tries to convince her to lie and say he was with her throughout the evening. She agrees to lie for him. She could be charged with perjury and he could face charges under PC 653(f).
Solicitation of a Crime: Penalties for a Conviction
The exact penalties for PC 653(f) violations can vary based upon the underlying crime being solicited. You can review different penalties for solicitation of a crime here:
Penalties for Soliciting Violent Sex Crimes
- Fines of Up to $10,000.
- Prison Time of Up to Four Years.
Penalties for Soliciting Murder
- Fines of Up to $10,000.
- Prison Time of Up to Nine Years.
Penalties for Soliciting the Sale or Transport of Drugs
- Fines of Up to $1,000.
- Jail Time of Up to Six Months.
Penalties for Additional Solicitation Charges
The other charges covered by PC 653(f) may be charged as misdemeanors or felonies. A misdemeanor conviction could result in up to one year of time in jail. A felony conviction for solicitation of a crime could lead to up to three years of jail time.
Solicitation of a Crime: Possible Legal Defenses
Solicitation of a crime is a serious criminal act in California. It’s important that you reach out to a criminal defense lawyer in Los Angeles immediately if you are accused of a PC 653(f) violation. A legal professional can discuss your options for building a defense, which could include showing that you were falsely accused of solicitation of a crime.
Individuals can be accused of soliciting a crime when they never committed this criminal act. However, you should only be convicted under PC 653(f) if the prosecution can provide:
- The Testimony of One Witness Along with Corroborating Evidence.
- The Testimony of Two Witnesses.
If your lawyer can demonstrate that the prosecution’s case is lacking, you could be able to avoid a PC 653(f) conviction.
Get Help Handling Solicitation of a Crime Charges
California Penal Code Section 653(f): Solicitation charges can result in high fines and incarceration. Fortunately, you can get help dealing with these accusations now by contacting the Simmrin Law Group. Speak with us today to get a FREE case evaluation.
Our criminal defense lawyers in Los Angeles can start working on your defense now. Call us at 310-991-4688 or fill out our online contact form to get started.