The offense of criminal solicitation is chargeable in five degrees, with the lowest degree of the offense being charged as a violation while in its highest form is a class C felony. Violations are typically easy to handle in criminal court, but as the charges become more serious the court proceedings can become lengthy and confusing. Regardless of the level of the offense, the person charged always has the right to an attorney to assist them and our experienced team of New York criminal attorneys are here to help you with the process. Call now for a free consultation to discuss your charges and see how we can help you with the court process.
As stated above, the lowest degree of the offense is criminal solicitation in the fifth degree and is a violation. Violations typically result in a fine if convicted by the court, but multiple violation convictions can cause problems in the future. This offense is charged when a person commands, requests or solicits another person to engage in conduct that constitutes in a crime. However, the offense quickly jumps to a class A misdemeanor if a persons commands, requests or solicits another person to engage in conduct that would result in a felony or if they are over 18 and they act in such a way towards someone under 16 to result in them committing a crime.
Criminal solicitation in the third degree is charged when a person over 18 commands, requests or solicits a person under 16 engage in such conduct that is felony offense. This level of this offense is now a class E felony which is much more serious than just a violation or misdemeanor. Felony convictions can cause many issues for the person convicted, so if you are charged with this level of this offense it is important that you contact an attorney to discuss your case as soon as possible. The second highest level of this offense is a class D felony and is chargeable when the conduct being solicited or requested is that constituting a class A felony offense.
The highest level of this offense, as mentioned above, is a class C felony which means the court has the discretion to order a sentence of up to 15 years behind bars. This level of the offense is charged when a person acts as above soliciting or commanding a class A felony offense be committed by another person, but the person committing the felony offense is under 16 while the original actor is over 18.
It is important to know that it is not a usable defense to say that person who is being solicited to commit the crime could not be convicted of the offense due to legal incapacity, the charge is dependent on the person who is acting as the solicitor of the crime. While criminal violations may not be as serious as felony charges, this offense can become serious very quickly. Call now to speak with one of our experienced New York criminal attorneys about your charges and see how we can help you.