How Wallin & Klarich Can Help You if You Are Being Accused of  A Criminal Solicitation Charge – Penal Code Section 653f

Facing a criminal solicitation charge in California can be overwhelming and intimidating. The consequences of a conviction are severe and may include hefty fines, time in custody, and a permanent criminal record. This blog post aims to provide those accused with practical insights on how to approach their defense. By understanding the gravity of the charge, knowing your legal rights, and employing effective defense strategies with your criminal defense attorney, you can significantly improve your chances of beating your charge.

Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.

What is Criminal Solicitation?

Criminal solicitation occurs when an individual encourages, requests, or commands another person to commit a crime. Under California law, solicitation is taken very seriously and is considered a felony in many cases. It doesn’t matter if the crime solicited was never carried out; the mere act of solicitation is enough for charges to be brought against you.

To secure a conviction, prosecutors must prove that the solicitation was intentional and unequivocal. They need to demonstrate that the accused individual clearly intended for the other party to commit a specific criminal act. Understanding these elements is crucial for developing a robust defense strategy with your criminal defense attorney.

Criminal Solicitation Under California Penal Code 

In California, criminal solicitation is defined under Penal Code Section 653f. This statute specifies that a person can be charged with solicitation if they intentionally encourage, request, or command someone else to engage in criminal activity. The crime of solicitation may include a range of offenses, from non-violent crimes like theft to more serious charges such as drug trafficking or violent crimes.

Penalties for California Penal Code Section 653f

Under California Penal Code Section 653f, the penalties for criminal solicitation can vary widely depending on the nature and severity of the solicited crime.

1. If the solicitation involves a felony offense, the accused may face significant legal repercussions, including imprisonment for up to three years. Additionally, individuals may face substantial fines that can reach as high as $10,000. 
2. For solicitation of a misdemeanor, the penalties can include up to six months in county jail and fines of up to $1,000. 

It’s important to note that previous convictions and other factors can influence sentencing, potentially leading to more severe consequences. Understanding these penalties underscores the importance of experienced legal representation and the need for a strong defense strategy when facing charges under this statute.

The Importance of Legal Representation

Navigating a criminal solicitation charge is complex, and having an experienced criminal defense attorney on your side can make all the difference. A knowledgeable criminal defense attorney can help you understand the charges against you, evaluate the strength of the prosecution’s case, and develop a tailored defense strategy.

A skilled criminal defense attorney will also be familiar with local court procedures and have established relationships with prosecutors and judges. This knowledge and experience can be instrumental in negotiating plea deals or securing a favorable outcome at trial. Never underestimate the value of professional legal representation.

Key Defenses Against a Criminal Solicitation Charge

When confronting a criminal solicitation charge, several key defenses can be employed to strengthen an individual’s case.

1. Lack of Intent: A fundamental defense is demonstrating that there was no clear intent to solicit a crime. If your criminal defense attorney can provide evidence that your statements or actions were misinterpreted or lacked the explicit purpose of encouraging criminal activity, it may lead to the dismissal of charges.
2. Insufficient Evidence: Challenging the quality and reliability of the evidence presented by the prosecution can be an effective strategy. This may involve exposing weaknesses in witness testimony, disputing recordings, or arguing that the evidence does not unequivocally support the solicitation claim.
3. Entrapment: A defense of entrapment can be significant. If it can be established that law enforcement improperly induced the accused into committing or discussing a crime, this defense could result in a complete acquittal.
4. Free Speech Defense: In some cases, your statements made could be protected under free speech provisions. If your criminal defense attorney can argue that your comments were made in hypothetical contexts or as part of a broader discussion without intent, this may also provide a viable defense.
5. Mistake of Fact: A defense based on a mistake of fact involves demonstrating that you genuinely believed that your actions would not lead to solicitation of a crime. If your criminal defense attorney can prove that your understanding of the situation was flawed but honest, this may mitigate liability.

Utilizing these defenses effectively requires careful planning and the expertise of a knowledgeable criminal defense attorney who can tailor strategies to the specifics of the case.

Contact Wallin & Klarich Today

If you are facing a criminal solicitation charge, you need an aggressive criminal defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.

Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney. We will be there when you call.