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Criminal Facilitation and Criminal Solicitation

Criminal Facilitation and Criminal Solicitation

Manhattan Criminal Defense Attorney

An experienced New York City criminal facilitation or criminal solicitation lawyer is necessary to meet any accusations of these crimes head on. Criminal Facilitation and Criminal Solicitation are respectively codified in New York Penal Code Article 115 and New York Penal Code Article 100. The crimes are somewhat similar, so they are both mentioned here even though they are technically different.


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Criminal Facilitation

A person commits Criminal Facilitation when he or she "renders aid" to a person who is committing a crime. To be guilty of Criminal Facilitation, the crime the defendant is helping in must either be a felony or the person committing the actual crime must be under the age of 16 and the facilitator must be over the age of 18.

Examples of degrees of criminal facilitation:

  • Criminal Facilitation in its most basic form is Criminal Facilitation in the Fourth Degree. This is a class A misdemeanor which is punishable by up to one year in jail. However, as you add aggravating factors, you can increase the level of crime and its potential sanctions.
  • A person is guilty of Criminal Facilitation in the Third Degree when they are over the age of 18, helps a person under 16, and engages in conduct which provides such person with the ability to actually commit a felony. This is a class E felony which is punishable by up to 4 years in prison.
  • A person is guilty of Criminal Facilitation in the Second Degree when they help someone commit a class A felony. Helping a person commit a class A felony is a class C felony which is punishable by up to 15 years in prison.
  • A person commits Criminal Facilitation in the First Degree when they helps someone under the age of 16 commit a class A felony. This is a class B felony, punishable by up to 25 years in jail.

According to the law, all people who have the same intent to commit a crime are just as guilty as each other if they aid in each other in some way. Essentially this means that a getaway driver is just as guilty as the actual bank robber for his or her actions in the bank if they help without being coerced. It is because of this principle that prosecutors often try to sway defendants in accepting plea bargains when bringing up these charges in order to nail a conviction on at least one party.

Criminal Solicitation

Criminal Solicitation is often the bane of many New York City criminal defense lawyers because it is difficult to pin down the conduct that is considered illegal. Criminal Solicitation defined in New York Penal Code Article 100. According to Penal Code Section 100.00, a person commits the crime of criminal solicitation when "with intent that another person engage in conduct constituting a crime, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct."

When a person commits this specific act, he is guilty of Criminal Solicitation in the Fifth Degree which is a violation and not treated as a crime, however, it is still punishable by up to 15 days in jail. If you add aggravating factors to this basic definition, you raise the level of crime and the potential penalties.

Examples of criminal solicitation:

  • If you solicit a crime and that crime is a felony, then you are guilty of Criminal Solicitation in the Fourth Degree, which is a misdemeanor punishable by up to one year in jail.
  • Criminal Solicitation in the Third Degree happens when a person who is over 18 years of age and solicits someone under the age of 16 to engage in a felony. This is a class E felony which is punishable by up to 4 years in prison.
  • Criminal Solicitation in the Second Degree happens when a person solicits a person into committing a class A felony. This is a class D felony which is punishable by up to 7 years in prison.
  • Criminal Solicitation in the First Degree happens when a person who is over 18 years of age solicits a person under the age of 16 into engaging a class A felony. This is a class C felony which is punishable by up to 15 years in prison.

Accusations of either Criminal Facilitation of Criminal Solicitation in any degree can be serious. As a former prosecutor, the Manhattan criminal defense attorney of the Law Office of John Buza, PC has a unique perspective on the DA’s strategy when defending his clients.

Call us today at (212) 577-9328 to schedule a free consultation.

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