Analysis of the Crime of Solicitation in Georgia

Few offenses exist that by definition do not require the person being accused of committing the crime. These offenses are usually in the category of: Crimes Involving Other Parties in Georgia.

Today, as a Georgia Criminal Defense Lawyer, I would like to focus on the crime of solicitation, the law behind it, and both when it applies and when it does not apply.

Solicitation in Georgia

Georgia law defines solicitation in Georgia as:

A person commits the offense of criminal solicitation when, with intent that another person engages in conduct constituting a felony, he solicits, requests, commands, importunes, or otherwise attempts to cause the other person to engage in such conduct. O.C.G.A. §16-4-7.

What does that mean? Georgia Courts hold that there must be a clear and present danger of the other person committing a felony. And in fact, a person can still be convicted of the offense of solicitation even if the person ends up not committing the crime. The only thing that matters is if there was an intent to commit the felony.

In order to be convicted of solicitation, the state of Georgia must prove that the accused person is guilty beyond a reasonable doubt by demonstrating that the accused person had the required intent to engage another person in a crime, and that the other person had the intent to commit the felony.

If convicted of solicitation in Georgia, the person is convicted of a felony. The punishment will include anywhere from one to three years in prison. If, however, the felony involved in the act of solicitation is punishable by a life sentence or by death, then the punishment is elevated. If that is the case, then the punishment will raise to five years.

Practice Note

As a Georgia Criminal Defense Attorney, it's important for me to note that there are Georgia Criminal Defenses that apply to an accusation of solicitation in Georgia.

Both of the strongest defenses deal with the accused individual's intent.

• Lack of intent
• Revocation of intent

The statute itself requires that there be intent on behalf of the accused person to convince another person to commit a felony.

If there was no intent to persuade or convince another person to commit a felony, then the accused person is not guilty of solicitation.

If there was a complete and voluntary renunciation of the accused person's intent, then the accused person is not guilty of solicitation.

A felony conviction has an extreme effect on your life and the lives of those around you. If you or a loved one has been charged with a crime in Georgia, then contact our offices today.