What Elements Should the Prosecutor Prove in Order to Convict of California Solicitation

elements of california solicitationThere are some elements that the prosecutor has to prove in order to charge a defendant with soliciting another person to commit a crime.

Under California Penal Code, the solicitation is defined as an unlawful act when a person who, with the intent that the crime be committed, solicits another to offer, accept, or join in the offer or acceptance of a bribe, or to commit or join in the commission of carjacking, robbery, burglary, grand theft, receiving stolen property, extortion, perjury, subornation of perjury, forgery, kidnapping, arson or assault with a deadly weapon or instrument or by means of force likely to produce great bodily injury, or, by the use of force or a threat of force, to prevent or dissuade any person who is or may become a witness from attending upon, or testifying at, any trial, proceeding, or inquiry authorized by law.

The prosecutor has to prove the following elements of the solicitation:
1. Another person was requested by the defendant to commit or join in the commission of the crime
2. The defendant has to have the intent to commit the requested crime
3. The other person received the communication containing the request.

The crime of solicitation must be proved by the testimony of at least one witness and corroborating evidence.
Corroborating evidence is the following evidence:
1) Tends to connect the defendant with the commission of the crime
2) Independent of the evidence given by the witness who testified about the solicitation or independent of the facts testified to by that witness.

Corroborating evidence has not to be strong or even enough to demonstrate each element by itself. It can include the defendant’s acts, statements, or conduct, or any other circumstance the defendant to the crime.
A person is guilty of solicitation even if the crime solicited is not completed or even started. It is not requested that a person solicited has to agree to commit the offense in order to qualify the solicitation as completed. It is enough only to carry out one of the actions outlined by law.

The Margarian Law Firm aggressively protects the rights of criminal defendants in California. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law. Direct approach with our clients allows us to easily obtain dismiss or reduction of the charges. Additionally, we provide a flat fee agreed upon before we begin. Feel free to contact us!

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