Attorney D.G. Moore is a dedicated Michigan criminal defense lawyer with decades of experience defending clients facing serious felony charges, including solicitation to commit murder. Understanding the legal definitions, penalties, and defense strategies is crucial if you or a loved one is facing these charges.
MCL 750.157b Solicitation to Commit Murder in Michigan
MCL 750.157b in Michigan defines and penalizes “Solicitation to Commit Murder or Felony,” making it a felony punishable by life or any term of years if the solicited offense is murder, or a misdemeanor with a maximum of two years if the offense is a felony punishable by less than five years.
What Is Solicitation to Commit Murder?
Solicitation to commit murder is a felony offense in Michigan that occurs when someone offers, promises, or gives money, services, or anything of value to another person to commit murder or another felony offense.
Unlike an actual murder charge, solicitation does not require that the crime be carried out—the intent and offer alone are enough for a conviction.
Read the Full Law – Michigan Penal Code MCL 750.157b
What the Prosecution Must Prove
To convict someone of solicitation to commit murder, the prosecutor must prove beyond a reasonable doubt that:
An offer, promise, or exchange occurred
- The defendant offered, promised, or gave money, goods, or services to another person.
- This can include forgiving a debt or providing something of value.
The defendant had the intent for a crime to occur
- The defendant intended for the targeted criminal act (murder) to take place.
Important: The prosecution does not have to prove that:
- The person who was solicited agreed to commit the crime.
- The solicited individual took any action toward committing the crime.
This means a defendant can be convicted of solicitation even if the other party never intended to go through with the crime.
Penalties for Solicitation to Commit Murder in Michigan
Soliciting someone to commit murder is one of the most serious offenses under Michigan law. Soliciting another person to commit an act that, if completed, would constitute murder is considered a felony under Michigan law. The penalties are severe and vary based on the type of crime solicited.
Penalties for Solicitation to Commit Murder (MCL 750.157b(2))
- Felony offense
- Punishable by life in prison or any term of years, with the maximum imprisonment determined by the court
- Fines and additional consequences determined by the court
Penalties for Solicitation to Commit Other Felonies (MCL 750.157b(3))
Offense Solicited | Maximum Penalty for Solicitation |
---|---|
Felony punishable by life or 5+ years | Up to 5 years in prison and/or $5,000 fine |
Felony punishable by less than 5 years | Misdemeanor punishable by up to 2 years in prison and/or $1,000 fine |
If the solicited crime is committed | Sentence cannot exceed ½ the maximum penalty of the crime solicited |
Michigan Sentencing Guidelines
Additional Consequences of a Conviction
A conviction for solicitation to commit murder or felony carries consequences beyond prison time and fines. A conviction for solicitation to commit murder or felony is a serious criminal conduct that carries consequences beyond prison time and fines.
Other consequences include:
- Permanent Criminal Record – A felony conviction can never be expunged in most cases.
- Employment Barriers – Many jobs will refuse to hire felons, especially those convicted of violent crimes.
- Firearm Rights Revoked – Felony convictions lead to a lifetime ban on owning or possessing firearms.
- Sex Offender Registration – If the solicitation involves a minor or sexual crime, the defendant may be required to register as a sex offender.
Michigan Sex Offender Registry
Defenses Against Solicitation to Commit Murder
Being accused of solicitation does not mean you are guilty. A skilled Michigan criminal defense lawyer can fight these charges using several legal defenses.
1. Lack of Intent
- The prosecution must prove that the defendant intended for the crime to occur.
- If the defendant never truly intended for the crime to happen, the case may be dismissed.
2. Entrapment by Law Enforcement
- If police coerced, manipulated, or pressured the defendant into making an offer, this could be a valid defense.
- Undercover sting operations sometimes cross the line into entrapment.
3. Insufficient Evidence
- If there is no clear proof that an offer or promise was made, the case may not hold up in court.
- Circumstantial evidence alone is not enough for a conviction.
4. Renunciation (Affirmative Defense – MCL 750.157b(4))
- If the defendant completely renounced their criminal purpose and took active steps to stop it from happening (such as warning law enforcement), this may be used as a defense.
- The defendant must demonstrate that they provided timely warning and cooperation to the appropriate law enforcement authorities.
- The defendant must prove by a preponderance of evidence that they made a substantial effort to prevent the crime.
Michigan Court Rules on Criminal Defenses
Related Crimes to Solicitation to Commit Murder
Other Michigan laws related to solicitation offenses include:
Other related crimes may also be prosecuted under federal law, which can carry additional penalties and implications.
Crime | Statute | Penalty |
---|---|---|
Solicitation of a Minor to Commit a Felony | MCL 750.157c | Felony, punishable by years in prison |
Solicitation of Providing Material Support for Terrorism | MCL 750.543k | Felony, 20 years to life |
Soliciting a Child to Commit an Immoral Act | MCL 750.145a | Felony, sex offender registry required |
Why You Need an Experienced Criminal Defense Attorney
Facing solicitation to commit murder charges in Michigan is extremely serious. You need an aggressive legal defense to protect your rights.
Why Choose D.G. Moore Law?
- Decades of Criminal Defense Experience
- Proven Track Record of Case Dismissals & Reduced Sentences
- Aggressive Defense in Court
- 24/7 Legal Support for Urgent Cases
Don’t Face These Charges Alone. Call D.G. Moore Law at (269) 808-8007 for a Free Consultation Today.
Criminal Defense Practice Areas
Frequently Asked Questions
What if the Person I Solicited Never Intended to Commit the Crime?
Doesn’t matter – Michigan law only requires proof that you made an offer, not that the other person accepted or acted on it.
Can a Solicitation Charge Be Dropped?
Yes – A strong defense strategy can lead to charges being dismissed or reduced if there is insufficient evidence or entrapment. A strong defense strategy can lead to charges being dismissed or reduced if there is insufficient evidence or if the defendant cooperated with law enforcement authorities.
What Should I Do If I Am Charged with Solicitation to Commit Murder?
- Do NOT speak to the police – Anything you say can and will be used against you.
- Do NOT try to explain yourself – Even denials can be twisted in court.
- Contact a top Michigan criminal defense attorney immediately.