Inchoate crimes are crimes that are based on incomplete efforts to commit another crime. They are solicitation, conspiracy, and attempt. Conspiracy is the criminal act of two or more people agreeing to commit a crime. Attempt occurs when a person takes a substantial step toward completing the crime but fails to successfully commit the crime.

What Is Criminal Solicitation in Georgia?

Solicitation in Georgia is the crime of asking another individual to commit a felony. By asking the individual, the person wants the individual to commit the crime for them.

What Actions Does Georgia Consider to Be Solicitation?

Criminal solicitation is the act of someone:

  • Requesting
  • Commanding
  • Importuning
  • Trying to cause

Another person to engage in criminal conduct on the solicitor’s behalf.

Can I Be Charged If the Individual I Am Accused of Soliciting Did Not Commit a Crime?

So long as you actually solicited the person to commit a criminal act on your behalf, you are guilty of the crime of solicitation. The state does not consider it a defense to criminal solicitation or a way to avoid criminal charges if the person who was solicited did not end up doing anything to make the crime happen.

Are There Any Defenses Available to Me for Solicitation?

Specific defenses may be available depending on the particular circumstances of a person’s solicitation case. However, some common defenses for inchoate crimes include:

  • Legal impossibility
  • Mistake of law
  • No intent to ask anyone to break the law

What Is the Punishment in Georgia for Criminal Solicitation?

Georgia has two potential punishments for criminal solicitation. The sentence a person receives depends on the punishment of the felony that they are asking the other person to commit.

If the felony that the solicitor is requesting that the other person to commit is punishable by death or life in prison, then the punishment is one to five years in prison. For all other felonies, the punishment for solicitation is between one and three years in prison.

Do I Need a Lawyer to Defend Me?

A criminal solicitation charge can land you in prison in Georgia if you are unable to properly defend yourself in court. If you are accused of solicitation, immediately contact a Georgia criminal lawyer.