I have a friend who was arrested and charged with CRIMINAL ATTEMPT SOLICIT CONSPIRE 2nd degree felony 777.04, what punishment? not first offense.

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I have a friend who was arrested and charged with CRIMINAL ATTEMPT SOLICIT CONSPIRE 2nd degree felony 777.04, what punishment? not first offense.

Asked on June 29, 2009 under Criminal Law, Florida

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Although I do not practice law in the State of Florida, the general rule is that the consequences of a crime are determined by a variety of factors, regardless of the particular statute that the defendant is being accused of violating.  Remember, most criminal matters are resolved prior to trial.  What this means, from a practical perspective, is that the the deal offered by the prosecution will depend on factors including but not limited to the strength of the state's evidence, the merits and of any defenses stated by the defendant, the availability (or lack thereof) of any diversionary programs, the defendant's prior record, whether the defendant was on probation at the time of the alleged incident, and any facts that are otherwise aggravating and/or mitigating.  With this in mind it is impossible to predict your friend's "punishment" without additional facts regarding the above as they pertain specifically to your friend's case.  I recommend that your friend consult with and/or retain a criminal defense attorney in the interest of obtaining the most favorable resolution of this matter.


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