Inchoate Offenses in Florida

In Florida, you can face criminal charges even if the crime itself was never completed. These are known as inchoate offenses, which include crimes like attempt, conspiracy, and solicitation. Inchoate offenses arise when someone takes substantial steps toward committing a crime or agrees with others to commit a crime, even if the crime is never fully carried out.

For example, attempted murder, conspiracy to commit fraud, or soliciting another person to engage in illegal activity are all inchoate offenses. Understanding how Florida law treats these offenses is crucial, as they often play a significant role in complex cases, such as organized fraud schemes, racketeering, and drug trafficking.

We delve into the legal intricacies of inchoate offenses in Florida, exploring how attempt, conspiracy, and solicitation are prosecuted and the potential consequences of these charges. If you are facing such charges, the Law Office of Nayib Hassan can provide the experienced legal representation you need to navigate these complex legal challenges.

An “inchoate offense” refers to a crime that is committed in the process of attempting, planning, or encouraging another crime, even if the crime itself was never completed. The term “inchoate” comes from the Latin word meaning “to begin” or “to become,” which is fitting since inchoate offenses involve actions taken toward initiating a criminal act. In Florida, inchoate offenses encompass attempt, conspiracy, and solicitation. Each of these offenses must be connected to a specific “target offense,” meaning the crime that was intended. For example, conspiracy to commit fraud or solicitation of another person to carry out a criminal act are both considered inchoate offenses.

When someone is charged with an inchoate offense, the charge will specify the intended crime, such as conspiracy to commit money laundering, where money laundering is the target offense. Solicitation, in this context, refers to offering someone else, such as a hitman, money or another incentive to commit a crime. Understanding inchoate offenses is crucial because these charges can carry severe penalties, even if the intended crime was never completed.

Inchoate offenses are crimes that involve taking steps toward committing a criminal act, even if the act itself was not completed. In Florida, these offenses include attempt, conspiracy, and solicitation, each tied to an intended or “target” crime. Here are some examples to illustrate how inchoate offenses work:

These examples highlight how Florida law treats the intention and steps taken toward committing a crime, holding individuals accountable even if the intended crime is not fully realized.

Inchoate offenses related to drug crimes may not carry the same severe penalties, but you can still face significant prison time for conspiracy to commit drug trafficking or similar offenses, even if the crime was never fully realized. In Florida, the law is clear: if the only reason the target offense did not occur is that you were caught or the plan fell apart, you can still be charged.

Here are some scenarios where you could be convicted for a drug crime that never happened:

If your phone contains messages with a seller about purchasing large quantities of illegal drugs—such as a kilogram of cocaine or thousands of oxycodone pills—you could be charged with conspiracy to commit drug trafficking. The mere act of negotiating the purchase is enough to lead to charges.

Offering someone money to transport drugs, such as paying someone to carry a backpack of marijuana from Miami to Orlando, can result in solicitation charges. Solicitation in the context of inchoate offenses involves offering money or incentives for someone else to commit the crime.

Even if you never physically handled the drugs, you could still face drug trafficking charges if law enforcement intercepts your attempt to purchase or transport illegal substances. For instance, ordering large quantities of drugs online and having the package intercepted before delivery still makes you liable for an attempt charge.

Inchoate offenses such as attempt, conspiracy, and solicitation hinge on the intent to commit a target crime. However, several defenses can be used to contest these charges in Florida:

One of the strongest defenses against inchoate offenses is abandonment. If you can prove that you voluntarily abandoned your plans to commit the crime or withdrew from participating in the conspiracy before the target crime took place, you may avoid conviction. For example, if text messages show that you discussed purchasing drugs but later decided to withdraw from the deal and ceased all communication with co-conspirators well before any drug transaction occurred, this evidence could support your defense.

Another defense is demonstrating that there was no clear intent to commit the target crime. If your actions or communications do not definitively prove an intention to engage in illegal activity, the prosecution may struggle to establish guilt. For instance, merely discussing a hypothetical crime or considering it in a moment of frustration is not enough to prove intent. If you only contemplated the crime but ultimately decided against it before taking any actionable steps, this lack of concrete intent can be a solid defense.

Lastly, you may defend yourself by arguing that the evidence does not sufficiently link you to an attempt to commit the target crime. If the prosecution cannot provide clear and convincing evidence that you actively tried to commit or help commit the crime, the charges may not hold. For instance, if your involvement is based solely on hearsay or circumstantial evidence, and there is no direct proof connecting you to the criminal plan, this could be grounds for dismissal of the charges.

By leveraging these defenses, individuals charged with inchoate offenses in Florida may be able to challenge the allegations and potentially avoid severe penalties. Legal representation is crucial to effectively present these defenses in court. If you are in the Miami area, contact the Law Office of Nayib Hassan directly online or by phone at (305) 403-7323 for a free initial consultation with a skilled criminal defense lawyer.