When people think about crimes in Florida, they often picture a completed act, such as theft or assault. But Florida law also punishes what are known as inchoate offenses. These are crimes that involve preparing for or attempting a criminal act, even if the crime itself never occurs. The law treats these acts seriously, and prosecutors often push aggressively for convictions because they want to stop the crime before it happens.
As a Florida Inchoate Offense Defense Lawyer, I have defended people accused of conspiracy, attempt, and solicitation. These cases are unique because the state often tries to prove intent based on limited evidence, which makes them open to challenge. The right defense can mean the difference between a conviction and a dismissal, and that is why having a private attorney matters in every stage of the case.
What Are Inchoate Offenses?
The term “inchoate” means something unfinished. In criminal law, it covers actions that show intent to commit a crime, but the final act is either incomplete or prevented. Florida law recognizes three main inchoate offenses: attempt, solicitation, and conspiracy.
Attempt – Florida Statute § 777.04(1)
Florida Statute § 777.04(1) states:
“A person who attempts to commit an offense prohibited by law and in such attempt does any act toward the commission of such offense but fails in the perpetration or is intercepted or prevented in the execution thereof commits the offense of criminal attempt.”
In short, if someone takes a clear step toward committing a crime but does not complete it, the law still treats the action as criminal. For example, if someone tries to break into a house but is caught before entry, that act may be charged as attempted burglary.
Solicitation – Florida Statute § 777.04(2)
Florida Statute § 777.04(2) provides:
“A person who 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.”
Asking, encouraging, or hiring another person to commit a crime—even if they refuse—can result in a solicitation charge.
Conspiracy – Florida Statute § 777.04(3)
Florida Statute § 777.04(3) states:
“A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense prohibited by law commits the offense of criminal conspiracy.”
The essence of conspiracy is the agreement itself. The state does not need proof that the crime was carried out, only that there was an agreement with intent to commit the crime.
Why Inchoate Offenses Are Treated So Seriously
Florida courts see inchoate offenses as dangerous because they represent a concrete step toward harm. The law is designed to prevent crimes before they occur. But the problem is that prosecutors often rely on limited or circumstantial evidence to prove intent, leaving room for misunderstanding, exaggeration, or outright mistakes.
This is why hiring a private defense lawyer matters. Without a strong legal defense, someone may be punished severely for conduct that never actually harmed anyone.
Penalties for Inchoate Offenses in Florida
The punishment for inchoate offenses is tied to the underlying crime. Under § 777.04(4), the penalty for attempt, solicitation, or conspiracy is generally one level below the penalty for the completed crime. For example:
- Attempted first-degree felony is charged as a second-degree felony.
- Solicitation of a second-degree felony is charged as a third-degree felony.
- Conspiracy to commit a third-degree felony is charged as a first-degree misdemeanor.
But the penalties can still be severe:
- Up to 30 years in prison for serious felony attempts.
- Up to 15 years for conspiracy or solicitation related to second-degree felonies.
- Long probation terms and steep fines.
Even without a completed crime, these charges can leave a permanent felony record, destroy careers, and lead to prison time.
Defenses to Inchoate Offenses
Each inchoate charge comes with its own unique defenses. A private attorney can use these defenses to weaken or dismantle the state’s case.
Defenses to Attempt
- Lack of intent: The state must show specific intent. If there is no proof of actual intent, the charge fails.
- No substantial step: Mere preparation is not enough. A person must take a direct step toward the crime.
- Impossibility: If the act could never have succeeded (for example, attempting to steal from an empty safe), the defense can argue legal impossibility.
Defenses to Solicitation
- Withdrawal: If the accused changed their mind and clearly communicated that before the crime was attempted, this can be a defense.
- No clear request: Vague comments or offhand remarks are not enough to prove solicitation.
- Entrapment: If law enforcement pressured the accused into soliciting, the case can be attacked.
Defenses to Conspiracy
- No agreement: Without proof of an actual agreement, there is no conspiracy.
- Withdrawal before action: If the accused withdrew before any steps were taken, that may be a defense.
- Insufficient evidence: Conversations taken out of context are often used to allege conspiracy, and these can be challenged.
A Real Case Example
Several years ago, I represented a man accused of conspiracy to traffic in controlled substances. The state claimed he had “agreed” with a friend during a recorded phone call to help distribute narcotics. In reality, the conversation was vague, with no clear agreement and no actual drugs exchanged.
I filed a motion to dismiss based on lack of evidence of an agreement under § 777.04(3). During the hearing, I highlighted that the state’s own transcripts showed no promise or plan. The court agreed, ruling that the state could not prove conspiracy. My client’s case was dismissed, sparing him from a potential 15-year prison sentence.
This case shows how critical it is to have a defense lawyer who understands both the statutes and the real-world weaknesses in the prosecution’s case.
Why a Private Attorney Is Essential
Public defenders are often skilled, but they are overloaded with cases. Inchoate offenses require careful analysis of intent, evidence, and witness statements. A private attorney has the time and resources to build a stronger defense. I can hire investigators, examine every recording, and challenge every statement the prosecution relies on.
The goal is always to reduce charges, limit penalties, or have the case dismissed. Without that level of defense, a person risks being convicted for something that never even happened.
Florida Inchoate Offense Defense Lawyer FAQs
What exactly counts as an “attempt” under Florida law?
Attempt requires two elements: intent to commit a crime and a direct act toward carrying it out. Preparation alone, such as buying tools, is not enough. There must be a step that shows a move from planning to execution. For example, trying to open a door during a burglary attempt may qualify. Prosecutors sometimes stretch the definition, which is why an attorney must carefully examine whether the action meets the legal standard.
Can I be charged with solicitation if the other person never agrees?
Yes. Under § 777.04(2), the law punishes the request itself, not whether the other person accepts. Even if someone refuses, the state can still pursue charges. This makes it crucial to challenge whether the alleged request was clear and specific enough to meet the statute. A Florida Inchoate Offense Defense Lawyer can push back against vague statements being twisted into evidence of solicitation.
How serious is conspiracy if the crime never happened?
Conspiracy is taken seriously because the law focuses on the agreement itself. Even if the plan is never carried out, the charge can still bring felony penalties. However, proving conspiracy often comes down to interpreting words, which means the defense can argue lack of agreement or misunderstanding. Many conspiracy cases collapse when challenged in court.
Are there defenses that apply to all inchoate offenses?
Yes. Common defenses include lack of intent, withdrawal, entrapment, and insufficient evidence. For example, if police pushed someone into making statements they would not otherwise have made, entrapment may apply. If evidence shows only preparation with no real step toward a crime, that too can undermine the state’s case.
Why is hiring a private defense lawyer so important for these charges?
Because inchoate offenses often rely on circumstantial or weak evidence, the outcome depends on how well the defense attacks the state’s theory. A private attorney can devote the necessary time and resources to challenge recordings, transcripts, and witness statements. The difference between a conviction and a dismissal often comes down to whether someone had the right defense lawyer on their side.
Call Our Florida Inchoate Offense 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. With over 30 office locations throughout Florida, we serve clients in Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.