The offenses of attempt, conspiracy, and solicitation occur in conjunction with criminal activity. It is not necessary for the criminal act associated with these charges to be successful for attempt, conspiracy, or solicitation charges to stand. Attempt: A person commits the offense of criminal attempt when, with the intent to commit a specific crime, he or she performs any act which constitutes a substantial step towards the commission of the crime. For example, a person who uses locksmith's tools to unlawfully unlock a door to commit burglary can be charged with attempt even if the would-be burglar is unsuccessful in getting into the building. Conspiracy: The offense of conspiracy to commit a crime occurs when two or more persons conspire to commit any crime. To commit conspiracy, at least one member of the conspiracy must perform any overt act which furthers the objective of the conspiracy. For example, three men decide to rob a convenience store and formulate a plan. One of the men backs out, but the other two carry out the plan. The man who backed out can still be charged for conspiracy to commit robbery. Solicitation: Criminal solicitation occurs when a person solicits, requests, commands, importunes, or otherwise attempts to cause another person to engage in criminal conduct. Even where the person solicited could not be guilty of the crime solicited, the charge can still stand against the Defendant who solicited the illegal activity. As an example, a man asks a woman for sex, offering money. The woman refuses (and is therefore not guilty of prostitution). The man can still be charged with solicitation, whether or not his request was fulfilled. Punishment for attempt, conspiracy, or solicitation varies depending on whether the underlying crime was a felony or misdemeanor. At Miller & Brown, P.C., we strive to provide the best possible representation so that you may receive fair and honest treatment in court. As with any criminal charge, it is important to discuss your charges with an attorney who can advise you as to your rights and defenses. If you would like to schedule a consultation with one of our criminal defense attorneys, call 770-461-2025.