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When people think of the act of solicitation, they generally imagine a person hiring a prostitute. Indeed, this example does apply under Alabama law. However, Alabama has expanded its definition of solicitation to include hiring another person to perform any illegal act.

Notwithstanding this broad definition, a person can mount a statutory defense against the charge of solicitation if they take certain actions to renounce their part in the crime.

The Homewood solicitation lawyer is familiar with how Alabama has defined solicitation and the applicable defenses in these cases. A distinguished criminal lawyer works with accused individuals to defend both their liberties and reputations.

Alabama Solicitation Laws

Anyone who solicits, requests, commands, or hires another person to commit a crime can be charged with solicitation. An important aspect of this definition is that the act that a person is hired to do must be a crime on its own. In other words, the solicited person must commit an act that could be classified as a crime.

Despite this, the person who was hired does not need to actually commit the crime that they were hired to do. Homewood solicitation lawyers have seen that it is the mere fact that the arraignment was made that constitutes the crime of solicitation.

Classifying Felony Offenses

The level of crime for solicitation is one level lower than the crime that the defendant is accused of hiring another to perform:

  • Class A Felony if the solicited crime is Murder
  • Class B Felony if the crime is a Class A Felony
  • Class C Felony if the crime is a Class B Felony

Punishments for solicitation can range from a minimum prison sentence of 10 years with a maximum of life, to violation level offenses with only fines as a punishment. A Homewood solicitation lawyer can help accused individuals better understand why they are being charged with solicitation and to form a defense based upon their particular circumstances.

Punishments for Solicitation

The punishments for solicitation correspond to the severity of the crime that the accused hired another person to commit. If the accused is charged with soliciting another to commit illegal manufacture of a controlled substance in the first degree, a Class A felony, the solicitor will be charged with a Class B felony.

Required Evidence and Potential Defenses

The statute continues to say that a person cannot be convicted of solicitation based solely on the testimony of the person who was alleged to have been hired. There needs to be additional evidence, such as police observations, or the testimony of a witness to convict.

Anyone accused of solicitation has a defense made available in the words of the statute. They can avoid conviction if, during the act of solicitation, they renounce the intent to hire to the solicited person and warns the police of an impending crime.

If someone convinces their friend to rob a bank but tells their friend to stop before the robbery happens. The friend states that they intend to rob the bank anyway. If the defendant informs the police that the robbery is about to happen, they may rightfully argue that they renounced the solicitation of a crime.

Speaking with a Lawyer

Facing the potential consequences of a criminal conviction is a frightening situation. Even for crimes like solicitation, that do not require that the accused actually commit a criminal act on their own, a conviction can mean significant jail time and fines.

Thankfully, there are defenses available to people who are accused of solicitation and a Homewood solicitation lawyer is here to present these defenses to the court. Whether a person’s goal is to come to a fair plea deal or to fight the charges in court, the lawyer will stand by their side. Through careful examination of the evidence, effective pre-trial motions, and convincing arguments to a jury, the attorney will fight to protect your freedom with vigor.