Criminal Solicitation of a First Degree Felony in Texas Penal Code Ann. §15.03(d)(2)

Texas is renowned for its straightforward approach to maintaining law and order. Lawmakers emphasize preventing crimes before they occur. Texas Penal Code Ann. §15.03 focuses on those efforts with a specific offense termed “Criminal Solicitation.” This offense can involve encouragement to commit either a first degree felony or a capital crime. 

Criminal solicitation is a serious felony offense, but the experienced team at Barbieri Law Firm understands the right strategies to defend against the charges. If you’ve been accused of criminal solicitation to commit a first degree felony in Texas, you can count on us to fight for the best outcome and stand beside you every step of the way. 

Understanding Criminal Solicitation 

The concept of solicitation can seem a bit complex, so let’s look at the statute in detail. It prohibits someone from requesting, commanding, or trying to induce a person to take action that would constitute a first degree felony or capital felony. The objective is to nip potential criminal activities in the bud, tackling those who may hire or encourage others to engage in illicit activities. 

However, the definition specifies that the person acting must intend for the felony to be committed, and the prosecution must prove this intent beyond a reasonable doubt.  This allows significant room for defense if you have been accused of this crime. If you said something that was taken out of context or took action that was misinterpreted, you should not be unfairly penalized.  

The offense of Criminal Solicitation to commit a first-degree felony involves encouraging someone to undertake actions that constitute a first degree felony. If the action at issue did not qualify as a first degree felony (or a more serious capital felony) then you should not be considered guilty of this offense. 

The prosecution bears the burden of proving that every element of this offense has been satisfied. Showing that you lacked requisite intent or that any action you encouraged would not have amounted to a first-degree felony are two ways to successfully defend against this charge. But to refute the claims of the prosecution, you need evidence, and it is crucial to begin collecting evidence as soon as possible while it is most readily available. 

Penalties and Repercussions

The legal consequences for those found guilty of criminal solicitation of a first-degree felony in Texas are significant, and that’s why it is so important to start working on a defensive strategy with your attorney as soon as possible. This particular charge-soliciting someone to commit a first-degree felony-is itself classified as a second-degree felony in the state. Those convicted could face anywhere from 2 to 20 years in prison, in addition to a substantial fine.

Moreover, having a felony conviction on your record can lead to numerous other challenges. Beyond the direct punishment of prison time and fines, there’s the long-term impact on personal and professional reputation. A felony conviction can restrict employment opportunities, as many employers may be hesitant to hire someone with a serious crime on the record. Social relationships can be strained, with community members or even close acquaintances viewing you with suspicion or mistrust. Moreover, certain civic rights, such as the ability to vote, possess firearms, or pursue particular licenses might also be affected. 

Understanding the weight of this charge highlights the importance of an assertive and informed legal defense.

Crafting a Solid Defense

It’s important to emphasize that being accused doesn’t mean you’re automatically guilty. There’s a myriad of defense strategies that can be employed, including disproving the intent to solicit, questioning the credibility of evidence or witnesses, or establishing a lack of knowledge about the proposed crime’s severity. 

With Texas laws being intricate, it’s essential to have an adept legal team by your side that understands the details significant in cases involving alleged violations of Texas Penal Code Ann. §15.03.

Put Our Experience to Work for You if You’re Facing Criminal Solicitation Charges in Texas

Charges related to Criminal Solicitation of a First Degree Felony in Texas are undeniably daunting. But you have the right to a solid defense, and we aim to provide it. 

With the right legal assistance, there’s no challenge too great. If you or someone you know is facing criminal solicitation charges, time is of the essence. Reach out to Barbieri Law Firm today at 972-853-5474 or contact us online to schedule a consultation with our dedicated Texas criminal defense attorneys. We never stop trying to protect you.