Irmo Solicitation Lawyer

Solicitation involves soliciting or procuring the commission of another crime such as fraud or prostitution. If you were accused of solicitation, you might benefit from the experience and knowledge of an Irmo solicitation lawyer. Raising a criminal defense is not an easy task to perform on your own. A knowledgeable criminal defense lawyer could provide you with direction and support so that you could adequately defend your right to freedom.

Understanding Solicitation Charges

Solicitation charges could vary greatly depending on the connected crime. Solicitation falls under the category of inchoate crimes. Inchoate crimes are acts in furtherance of committing another crime or constitute indirect participation in that crime. For example, fraud is a crime in and of itself, but one could be charged with soliciting fraud by attempting to procure fraud against another. The most common is solicitation of prostitution.

Solicitation could take many forms. Defendants could be accused of soliciting fraud, prostitution, conspiracy, and even murder. A skilled Irmo solicitation attorney could help those accused of solicitation determine what crimes might be connected to their solicitation charges.

Another form of solicitation is codified under South Carolina Code §40-5-350, which makes it unlawful to solicit legal businesses. Under the statute, it is illegal for a person, their agent, employee, or anyone acting on their behalf to solicit or procure directly or indirectly legal business through solicitation. It is also illegal for them to solicit a retainer, written or oral, or through an agreement authorizing an attorney to perform or render legal service. Soliciting legal business could result in a misdemeanor of up to three years confinement, as well as a fine.

The Burden of Proof for Solicitation in Irmo

There are two main elements that a solicitation lawyer in Irmo would have to defend against, including intent and the act itself.

Intent

The first element is the defendant’s intent. The prosecution must prove beyond a reasonable doubt that the defendant affirmatively intended to procure the commission of another crime. Mistakenly or accidentally asking another person to violate the law would not constitute valid intent, and therefore a solicitation charge would not stand. The defendant must have intended to solicit a crime.

The Act

The second element is the act of solicitation. The prosecution is also tasked with proving that the defendant encouraged, commanded, forced, or convinced another to commit the underlying crime. The solicitation does not require an act in furtherance of committing the crime. It is considered a criminal act if a party asks another to commit the crime. This could be proven through a phone call recording, written message, testimony from a witness, or a confession.

Reach Out to an Irmo Solicitation Attorney Today

A solicitation charge could do more than hurt your reputation. It could put you at risk of serious fines and even jail time. Asserting your defense without legal representation could leave you more vulnerable to prosecution.

An Irmo solicitation lawyer could help you strategize your defense. They could review the circumstances of your case, help you build your defense, and assist you in providing a roadmap for the defense process that lies ahead. Call today to get started building your defense.