Soliciting someone to commit a crime does not mean you are home free. And the offense of solicitation is not limited to soliciting murder.
What is solicitation in Illinois? What can happen to you? What can you do?
In Illinois, you commit solicitation if you command, encourage or ask another to commit an offense intending that such offense be committed. You commit solicitation of murder if you solicit murder intending that first-degree murder be committed. See 720 ILCS 5/8-1.
If convicted, you can be sentenced up to the maximum allowed for attempting the crime involved. Therefore, if you solicited burglary, you could be sentenced for an attempted burglary.
Solicitation of murder is a Class X felony, punishable by 15 to 30 years in prison. However, if the person solicited was under age 17, your sentence can range from 20 to 60 years.
If you are charged with solicitation, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt.
Were you really commanding, encouraging or asking someone to commit the crime? Perhaps, you were just venting or speaking rhetorically and the person hearing you misinterpreted it as an “ask.” Famously, King Henry II of England bemoaned: “Will no one rid me of this turbulent priest?” Upon hearing him, four knights set off to murder Thomas Becket, although the king had not actually given an order.
Can the state prove you had intent? This element can be highly fact specific, and different judges may see the evidence very differently. An attorney familiar with your courthouse may best be able to present the facts favorably on your behalf.
Was the solicitation complete? In one Illinois case, the court held that “where a letter is employed as the means of solicitation, the letter must actually reach the intended recipient for the crime of solicitation to be complete.” See People v. Boyce.
Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorably plea agreement than you could on your own.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
