Classifications for Conspiracy and Solicitation Charges

Consider this scenario: Phil and Bob are talking about their lives when Bob suggests that Phil kill his boss. Perhaps he tells him how he should do it or draws up a diagram of the office where he works. Bob thinks that Phil is serious and tries to complete the "job" but botches it and gets caught. Now Phil and Bob are both in jail, Bob is charged with attempted murder and Phil is charged with conspiracy to murder. Both are panicked and worried about what will happen next. They have both been assigned a Florida criminal law attorney to help with their cases, but Phil is concerned about not only the classification but the possible punishments that he may be facing.

Because it was an attempted murder, (a life felony if successful) Bob will be charged one level below it and will face the penalties that are typical of that designation. Because murder can be a capital crime or a life felony, attempted murder would fall in the classification of felony in the first degree which could mean 30 years in prison and fines of around $15,000. The Florida criminal defense attorney assigned to defend Bob would possibly try to arrange for a plea agreement which could include him pleading guilty to assault instead which would possibly be a second or third degree felony and could have prison time of between 5-15 years and fines.

Phil, as the one who may have solicited, whether he meant to or not, the crime will be facing the same punishments as Bob, but could use a different defense for the crime. The Florida federal criminal attorney who is in charge of defending him can point out that Phil tried to stop Bob when he found out that he was actually going to try to carry it out the crime. It can further be pointed out that Phil never paid Bob to do the crime, that he was speaking hypothetically, rather than suggestively and that he had never indicated that he was serious nor had he offered any real reason for why he would want his boss dead.