Conspiracy Attempt & Solicitation
Broward Criminal attorneys often explain the differences between conspiracy, solicitation and attempt to the people seeking their help. Below you will find a brief explanation of each. If you wish to learn more about any of these legal concepts, contact a qualified criminal attorney in Fort Lauderdale.
A conspiracy is defined as an agreement between two or more persons to commit a crime. A conspiracy requires that each person in the conspiracy have the specific intent to achieve the criminal objective. Some states require that an overt act be made in further of the conspiracy, however, Florida law does not require that an overt act be made. The conspiracy is a separate offense and does not merge into the completed crime.
In order for a criminal defendant to be charged with conspiracy, it is essential that there are at least two guilty minds who intend to conspire and achieve the criminal objective at issue. Therefore, if a criminal defendant conspires with an undercover police officer in order to achieve a criminal objective, there is not a conspiracy chargeable under law. Similarly, if a defendant and another person conspire towards a criminal objective or enterprise, but the other party is feigning interest with intent to notify law enforcement or otherwise prevent the criminal objective, there is no conspiracy. The crime of conspiracy does not merge with the target offense so a defendant can be charged with both the conspiracy and the target offense.
Criminal Charges for Conspiracy
Under Florida law, it is a defense to the criminal charge of conspiracy that the defendant persuaded the other party or parties not to commit the crime or otherwise prevented the crime from occurring.
A person found guilty of conspiracy can be held liable for crime committed by other co-conspirators if the other crimes were committed in furtherance of the conspiracy objective and if they were foreseeable.
According to Broward Criminal Attorneys, the crime of solicitation consists of encouraging, commanding, hiring, inducing, or requesting another person to commit a criminal offense, with the specific intent that that the person solicited commits the target crime.
It is irrelevant whether or not the person solicited agrees to commit to the crime. It is also not necessary for the Defendant to do anything in furtherance of the crime. It is a defense to the criminal charge of solicitation that the criminal defendant persuaded the other party not to commit the crime or otherwise prevent the crime from occurring.
Attempt is the act of trying to commit a crime. To be found guilty of attempt under Florida law, it must be proved beyond a reasonable doubt. Meaning, that the defendant had the specific intent to complete the target offense. The suspects participation went beyond just thinking or talking about it. Attempt is present when the defendant would have committed the crime except for someone or something preventing them from doing so. Under Florida law, abandonment is a defense to the crime of attempt. This holds true if the defendant abandoned their attempt to commit the offense or otherwise prevented its commission under circumstances indicating a complete and voluntary renunciation of the criminal purpose. The crime of attempt merges with the target offense. Both the person who solicits the offense and the actual person who commit the offense can be charged with the target offense.
Factual impossibility is not a defense to the charge of attempt. However, legal impossibility is a defense. Legal impossibility would arise where the defendant possessed the specific intent to commit what he or she believed to be a crime, but in-fact the conduct was not prohibited by law.
The Attorneys of William Moore Criminal Defense are available to answer any questions that you may have with respect to this article. There is never a charge to speak with us.
For more information about this type of case contact:
Defense Attorney William R. Moore (954) 523-5333
Broward criminal lawyer William R. Moore has experience in all kinds of criminal defense, including sex crimes and DUI. A conviction for a felony or misdemeanor can have consequences on your freedom, your employment, and your personal life. If you have been arrested or charged with a crime in the south Florida area, contact William R. Moore Criminal Defense, which has offices in Fort Lauderdale-Dade, Broward, and Fort Lauderdale Counties.