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Solicit to Commit Crime

Solicitation to Commit a Crime – California Penal Code 653f

California Penal Code 653f, a law that should be taken seriously, criminalizes the act of soliciting another person to commit certain crimes. In simpler terms, the offense of “solicitation” involves encouraging, promoting, asking, pleading, commanding, enticing, recruiting, or urging someone else to commit a crime.

This act of solicitation can take place through various forms of communication, underlining the severity of the offense.

The primary factors of a criminal solicitation are the specific words used to encourage someone to commit a crime, the intent to carry out the crime, and whether the solicited person received the communication.

It should be noted that you can still be found guilty of Penal Code 653f solicitation to commit a crime even if the solicited crime was never agreed upon or ever completed.

In other words, the act of asking someone to commit a crime is sufficient for prosecuting soliciting the commission of a crime, but not all crimes are covered under Penal Code Section 653f.

Let's look at a possible example of a solicitation to commit a crime. Let's say someone is sitting in a county jail waiting on trial for their alleged crime. They discover there is a witness who has damaging testimony that could make them lose their case.

The man then writes a letter to a friend encouraging them to find and assault the witness to convince them to keep their mouth shut and not provide testimony in court. His friend did receive the letter, but decides not actually to carry out the assault.

Prison officials who monitor inmate mail discover the letter and realize the inmate was soliciting another person to commit a crime. They forward the information to the prosecutor's office.

In this scenario, the inmate could be facing charges of solicitation to commit a crime in violation of California Penal Code 653f. As stated, it doesn't matter if the solicited crime was ever carried out. The request and encouragement are sufficient to support prosecution.

Our defense lawyers have provided an overview below to help readers better understand the laws on solicitation to commit a crime.

Definition of Penal Code 653f Soliciting Someone to Commit a Crime

California Penal Code 653f PC defines solicitation to commit a crime as:

Anyone who solicits another person to accept, bribe, commit carjacking, robbery, burglary, grand theft, receiving stolen property, extortion, perjury, kidnapping, arson or assault with a deadly weapon, or anything that can cause great bodily injury, or uses threats or force to prevent someone from becoming a witness from testifying.

In order to be found guilty of PC 653f, the prosecutor has to be able to prove all the elements of the crime listed under CVALCRIM 441 Jury Instructions. These factors include that you requested another person to commit a crime with the intent that the crime was to be committed, and the other person received your communication.

The California crimes that are covered under Penal Code 653f, soliciting someone to commit a crime, include:

Most Common California-Related Offenses

California Penal Code 653f(b) – Solicitation to Commit Murder – soliciting someone to commit a murder is a felony crime that carries a sentence of 3, 6, or 9 years in a California state prison and a fine up to $10,000.

California Penal Code 653f(c) – Solicitation to Commit a Sex Crime – soliciting someone to commit a sex crime, such as rape by force or violence, sodomy by force, or oral copulation by force is also a felony crime. Penalties include up to 4 years in a California state prison, mandatory registration as a sex offender for life, and a fine of up to $10,000.

California Penal Code 653f(d) – Solicitation to Commit a Drug Crime – soliciting someone to commit a drug crime, such as the sale or transportation of controlled substances, is a misdemeanor that carries a penalty of up to 1 year in county jail and a $1,000 fine.

Penalties for Penal Code 653f Soliciting a Crime

California Penal Code 653f solicitation of other offenses are “wobblers,” meaning the prosecutor can file the case as either a misdemeanor or a felony crime.

If convicted of a misdemeanor, the penalties include up to one year in a county jail and a fine. If convicted of a felony, the penalties include 16 months to 3 years in a county jail.

A conviction for soliciting a crime under Penal Code 653f could lead to serious consequences, including probation or parole, loss of professional license and gun rights, and deportation for undocumented immigrants. These potential outcomes highlight the importance of mounting a strong legal defense.

What Does the Prosecutor Have to Prove?

In order for a prosecutor to obtain a conviction, they have to prove beyond any reasonable doubt that you encouraged or requested another person to commit a crime, your intent was for the other person to commit the crime, and they did, in fact, receive your communication

Solicitation to commit a crime is normally proven by the testimony of at least two witnesses or one witness and corroborating evidence.

These witnesses are typically the individuals who were solicited to commit the crime. Corroborating evidence refers to any evidence connecting you with the commission of the crime but is separate from evidence given by a witness.

Corroborating evidence can include your behavior or statements that show a pattern connecting you to soliciting a crime. Again, the solicited person doesn't have to agree to commit the crime and the prosecutor is not required to prove a crime was actually committed.

Fighting PC 653f Soliciting a Crime Charges

Our Los Angeles criminal defense lawyers will review all the details of the case to determine an appropriate strategy for the best possible outcome.  Some common defenses  include:

Insufficient Evidence

The prosecutor needs two witnesses or one witness and corroborating evidence. If they are unable to produce either one, we might be able to argue that they lack credible witnesses or insufficient corroborating evidence.

False Accusation

We might be able to argue you have been falsely accused by someone attempting to avoid prosecution. This means the accuser has a motive to lie. If we can cast doubt on the charges, you have a better chance of avoiding a conviction.

Other potential legal defenses include police entrapment or a coerced confession.

If you were accused of solicitation to commit a crime in violation of California Penal Code 653f, contact our Los Angeles criminal defense attorneys to review the details and options. Through pre-filing intervention, we might be able to prevent a formal filing of charges.

Cron, Israels & Stark is a criminal defense law firm located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We also have an office located at 401 Wilshire Blvd #1200, Santa Monica, CA 90401. 

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Cron, Israels & Stark is committed to answering your questions about All Misdemeanor and Felony Crime law issues in Santa Monica and Los Angeles, California.

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