If you’ve ever heard the term “solicitation of a crime”, you might be wondering what it actually means, how serious the charge is, and what someone can do if they’re facing it. The truth is, this type of charge can be complicated and scary—but understanding the law behind it can make a big difference.
Let’s break it down in plain English so you know your rights, what the prosecution has to prove, what defenses are available, and what kind of penalties someone might face if convicted.
And if you’re currently dealing with a solicitation charge, you can find more detailed information and guidance at this link: https://vulawoffice.com/prostitution/how-to-beat-a-solicitation-charge/
What Is Solicitation of a Crime?
Solicitation happens when someone encourages, requests, or tries to persuade another person to commit a crime. The key here is that the crime doesn’t have to actually happen for a person to be charged. Just asking or trying to get someone to commit a criminal act can be enough.
It often comes up in cases like:
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Solicitation of prostitution
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Soliciting someone to commit robbery or murder
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Asking someone to sell drugs on your behalf
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Hiring someone to commit a crime (like a hitman)
This charge focuses on intent and communication, even if nothing physical actually took place.
Legal Elements the Prosecutor Must Prove
To convict someone of solicitation, the prosecution has to prove a few key elements beyond a reasonable doubt:
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The Defendant Intentionally Tried to Get Someone to Commit a Crime
– This could be through words, messages, gestures, or even written notes. -
There Was a Clear Request, Urging, or Encouragement
– Simply talking about a crime isn’t enough. The prosecution has to show the person actually intended to get someone else to break the law. -
The Crime Being Solicited Is Serious and Clearly Defined by Law
– For example, soliciting someone to steal a candy bar probably won’t be charged the same as trying to hire someone for a felony offense.
Even if the other person refuses, or the crime never happens at all, you can still be charged with solicitation.
Common Defenses to a Solicitation Charge
Just because someone is charged with solicitation doesn’t mean they’re automatically guilty. There are several legal defenses that may help beat or reduce the charge:
1. Lack of Intent
If the person didn’t truly intend to encourage a crime—or it was just a joke or offhand comment—they may not be guilty of solicitation. Intent is everything.
2. No Clear Request or Urging
Casual conversation or general statements aren’t enough. There must be clear evidence that the person tried to get someone to commit a specific crime.
3. Entrapment
If a law enforcement officer or undercover agent pushed someone into making a solicitation they normally wouldn’t have made, this could be a case of entrapment, which is a valid legal defense.
4. Withdrawing the Solicitation
Some states allow a person to avoid charges if they take back their request before the crime is committed and try to stop it from happening. This is known as a “renunciation” or “withdrawal” defense.
If you’re facing this kind of charge, you can learn more about what works and what doesn’t by reading this helpful resource: How to Beat a Solicitation Charge
What Are the Penalties for Solicitation?
The penalties for solicitation depend on the crime that was being encouraged, and the laws of the state where the charge is filed.
Penalties can include:
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Fines (often in the thousands of dollars)
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Jail or prison time (from a few months to several years)
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Probation
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Community service
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Mandatory counseling or treatment programs
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Permanent criminal record, which can affect jobs, housing, and reputation
In serious cases—like solicitation of murder or drug trafficking—the penalties can be as severe as the actual crime itself, even if the crime wasn’t committed.
Why You Need Legal Help
Solicitation charges can quickly turn into life-changing situations, and the laws around them are complex and vary from state to state. This is not the type of charge you want to face without an experienced defense lawyer by your side.
That’s why working with a trusted law firm Law Office of Hieu Vu can be so important. They’ve helped people facing tough criminal charges—including solicitation—and know how to build strong defenses based on real-life experience and legal expertise.
Final Thoughts
To wrap things up, here’s what you really need to know:
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Solicitation is a crime even if the requested act never happens.
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The law focuses on intent and clear communication to commit a crime.
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There are defenses available—like lack of intent, entrapment, or withdrawal.
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Penalties can be severe, depending on the crime being solicited.
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Getting legal help is your best shot at protecting your rights and your future.