Inchoate Offense Solicitation to Commit A Crime Under Florida Statute § 777.04(2)

When someone is accused of asking, hiring, or encouraging another person to commit a crime in Florida, prosecutors often charge them under Florida Statute § 777.04(2). This law addresses what is called solicitation to commit a crime. It is classified as an inchoate offense, meaning it punishes conduct that comes before the actual commission of a crime. These charges can be confusing and overwhelming because the law allows the State to prosecute you even if the underlying crime never took place.

As a defense lawyer, I’ve represented people across Florida accused of solicitation offenses, and I’ve seen firsthand how a case can hinge on details like the words spoken, the intent behind them, or even whether law enforcement overstepped during an investigation. My role is to protect your freedom, challenge the evidence, and push back against exaggerated or unfair accusations.

Quoting Florida Statute § 777.04(2)

The statute itself is the starting point. Under Florida Statute § 777.04(2), the law states:

"Whoever solicits another to commit an offense prohibited by law and in the course of such solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense commits the offense of criminal solicitation."

This language is broad. It means that simply asking someone to commit a crime could expose you to criminal charges, even if that person never agreed or never acted.

Why Solicitation Charges Are So Serious in Florida

The law punishes solicitation based on the idea that trying to involve another person in crime is dangerous, even if nothing happens afterward. Prosecutors often push for stiff penalties to “send a message” that asking or encouraging criminal conduct is itself harmful to public safety.

But the reality is that many solicitation cases are far less clear-cut. Sometimes words are taken out of context, or undercover officers initiate conversations to “test” a suspect. In other cases, there is no actual agreement, just speculation.

Having a Florida Inchoate Offense Solicitation to Commit a Crime Defense Lawyer is essential because without strong legal defense, prosecutors may treat every conversation as proof of criminal intent.

Penalties for Solicitation Under Florida Law

Penalties for solicitation depend on the seriousness of the underlying offense. Under § 777.04(4), solicitation is ranked one level below the crime that was being solicited.

  • If someone solicits a capital felony, the solicitation is a felony of the first degree.

  • If someone solicits a life felony, the solicitation is a felony of the second degree.

  • If someone solicits a felony of the first degree, the solicitation is a felony of the second degree, and so on.

This means even if no crime ever occurred, you could face decades in prison simply for asking someone to commit an offense. Fines, probation, and permanent felony records are also on the table.

Example From My Own Practice

A client once came to me after being charged with solicitation to traffic in drugs. Police claimed that he had “hired” another man to deliver cocaine to a third party. The entire case was based on recorded conversations arranged by undercover officers. My client insisted he never intended to go through with it and was pressured by someone working with the police.

I challenged the recordings by showing that the officers initiated and escalated the conversations. I also highlighted inconsistencies in the informant’s testimony. Ultimately, the judge ruled key evidence inadmissible because of entrapment concerns. The case was dismissed.

That result shows why you cannot simply assume that words spoken in a heated or casual moment automatically amount to a crime. The context matters, and a private defense lawyer can make sure that context is brought to light.

Defenses to Solicitation Charges

Several defenses may apply in solicitation cases. These include:

Lack of Intent
The statute requires that the person intended for the crime to occur. If the conversation was sarcastic, hypothetical, or misinterpreted, there may be no criminal intent.

Entrapment
If law enforcement pressured you, persuaded you, or planted the idea of committing the crime, an entrapment defense may apply. Courts in Florida recognize that undercover tactics cannot go so far that they manufacture crime.

Withdrawal or Renunciation
In some situations, a person may change their mind and clearly communicate to the other person that they no longer want the crime to occur. This can limit liability.

Insufficient Evidence
Prosecutors often rely on informants, undercover agents, or recordings. These sources can be unreliable, incomplete, or even manipulated.

Constitutional Violations
If your statements were recorded without proper authorization or obtained through coercion, they may be excluded at trial.

A skilled defense lawyer’s role is to raise these defenses aggressively, challenge the State’s version of events, and reduce or dismiss the charges.

Related Florida Statutes That Often Come Into Play

Solicitation rarely stands alone. Prosecutors may try to combine it with other inchoate or substantive crimes, such as:

  • Attempt (§ 777.04(1)) – if someone takes a substantial step toward committing a crime.

  • Conspiracy (§ 777.04(3)) – if there is an agreement between two or more people to commit an offense.

  • Aiding and Abetting (§ 777.011) – when someone helps or encourages another person to commit a crime.

Understanding how these statutes interact is critical. Sometimes the State overcharges by stacking multiple inchoate offenses together. My role is to dismantle those charges and ensure you are not punished multiple times for the same alleged conduct.

Why You Need a Private Defense Attorney

Public defenders are hardworking, but they carry overwhelming caseloads. A private defense lawyer can devote the necessary time and resources to investigate your case, gather evidence, and challenge every weakness in the prosecution’s theory.

When you are accused of solicitation, the State may already be painting you as someone who wanted to endanger others. Having a lawyer who will stand by you, tell your story, and expose flaws in the evidence can make the difference between prison time and freedom.

How I Approach These Cases

When handling solicitation charges, my first step is to scrutinize the exact words that the prosecution claims amount to solicitation. Words matter. The tone, the circumstances, and the relationship between the people involved all matter.

Next, I investigate the State’s witnesses. Informants often have motives to lie, such as reducing their own charges. Police officers may be under pressure to make arrests.

I then explore every possible constitutional challenge: Were your rights violated during questioning? Was evidence gathered illegally? Did the police record you without proper cause?

Finally, I press for reduction of charges or outright dismissal when possible. If the State cannot prove intent beyond a reasonable doubt, they cannot convict.

Long-Term Consequences of a Solicitation Conviction

Even beyond prison and fines, a conviction for solicitation can alter your life permanently:

  • A felony record can make it impossible to secure employment in many fields.

  • Immigration status can be jeopardized, leading to deportation for non-citizens.

  • Custody disputes, housing opportunities, and even basic rights like firearm ownership can be affected.

Because of these stakes, hiring an attorney is not just about avoiding jail, it’s about protecting your future.

Florida Inchoate Offense Solicitation to Commit a Crime Defense Lawyer FAQs

What does the State have to prove in a solicitation case?

Prosecutors must prove that you intentionally encouraged, commanded, hired, or requested another person to commit a crime. They must also prove that you intended for that crime to occur. If they cannot show intent beyond a reasonable doubt, the charge should not stand.

Can you be charged with solicitation even if the crime never happened?

Yes. That is the defining feature of an inchoate offense. You can face felony penalties even if no crime took place, no agreement was made, and no step toward the offense occurred. That is why these charges are so aggressive and why defense is so important.

Is solicitation the same as conspiracy in Florida?

No. Solicitation involves asking or encouraging another person to commit a crime. Conspiracy requires an actual agreement between two or more people to commit the offense. Prosecutors sometimes confuse or overcharge, but the law treats them as distinct.

How does entrapment apply to solicitation charges?

Entrapment occurs when law enforcement plants the idea of committing a crime in a person’s mind and then pressures them to go through with it. In solicitation cases, entrapment defenses often apply because undercover officers may initiate conversations or push suspects into making statements.

What are possible penalties for solicitation in Florida?

Penalties depend on the level of the underlying crime. Solicitation is punished one degree lower than the offense solicited. That means if the underlying crime was a first-degree felony, solicitation would be a second-degree felony. Sentences can include years or decades in prison, large fines, and probation.

Can solicitation charges be reduced or dismissed?

Yes. With the right defense, charges can often be reduced to a lesser offense or dismissed outright. For example, if intent is unclear or the evidence was obtained improperly, the State may agree to reduce penalties or drop the case entirely.

What should I do if I’m under investigation for solicitation?

Do not speak to investigators without an attorney. Anything you say can be twisted into evidence of intent. Contact a defense lawyer immediately so your rights are protected from the start.

Why hire a Florida Inchoate Offense Solicitation to Commit a Crime Defense Lawyer instead of a public defender?

A private attorney has the ability to dedicate far more time, resources, and attention to your case. I can conduct a thorough independent investigation, file aggressive motions, and negotiate directly with prosecutors. My goal is not just to move your case through the system, but to fight for the best possible outcome.

Call Our Florida Inchoate Offense Solicitation to Commit a Crime Defense Lawyer 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.