Under Florida State Law, this crime is usually stipulated as “Principal in the First Degree.” In breaking down the details of this crime and what it is about under Florida State Law, it is important to note that it summarily refers to a criminal offense against the state.
It is heavily frowned upon and according to Florida State Law may be charged, convicted, and penalized as a first degree criminal offense. The scope of definition of the crime is elaborate. In describing what counts as principal in the first degree, the law states that the crime includes the following acts, misdemeanor, and/or felony. Furthermore, it states that it may involve abetting, counseling, aiding, hiring, or otherwise procuring any such offense (felony or misdemeanor) to be committed against the state. According to the law, it need not matter if the offense was actually perpetrated or if only an attempt was recorded, nor does it matter if the defendant was or was not actually or constructively present at the time the offense was perpetrated.
Accessory After The Fact
The part of Florida State Law describing what does and doesn’t constitute Accessory After the Fact as well as sentencing guidelines in Florida is expansive to say the least. Starting off, Accessory After the Fact refers to a crime where a person gives an offender aid with intent that the offender avoids a brace up with the law. This is a general overview, with the Law books being more specific.
With that said, the Accessory After the Fact crime may be designated as just “Accessory after the fact” or as a “Felony of X degree” or as a “Misdemeanor of X degree”: where X may be first, second, or third.
Attempts, Solicitation and Conspiracy
“Attempting to commit an offense” under Florida State Law refers to any act done by an offender toward perpetrating such offense; but fails or is prevented or intercepted in the execution of the offense. In another twist, if an adult offender does not attempt to commit an offense by himself or herself, rather choosing to coerce a child below the age of 12 to commit the offense in his or her stead; the offender would be prosecuted for the crime of “criminal attempt.”
Now if the offender were to encourage, request, or hire—generally referred to as the use of solicitation commands—another adult to actually commit or attempt to commit an offense in his or her stead, then the crime of the offender is referred to as “criminal solicitation.”
Another crime related to attempt and solicitation is referred to as “criminal conspiracy.” An offender charged with this crime is any person who conspires, agrees, confederates, or combines with another person(s) to commit any offense.
Like with the Accessory After the Fact crime, the trio of Attempt, Solicitation, and Conspiracy may be designated as either as is, or as a “Felony of X degree” or as a “Misdemeanor of X degree”: where X may be first, second, or third.
Nonetheless, under Florida State Law, a defendant charged any of the three crimes—Attempt, Solicitation, or Conspiracy—may put forward an acceptable defense, where the defendant engages in acts that depict or manifest complete and voluntary renunciation of his or her criminal intent. For example, a defendant may put up an acceptable defense, detailing how he or she abandoned his or her attempt to commit the offense or otherwise prevented the perpetration of the offense.
The crime referred to as Entrapment, may be confounding at first glance. To lay it simply, let us consider three individuals, A, B, and C.
C commits a crime. Now, if A coerces B to act as though he or she committed the crime by actually engaging in a conduct constituting the crime committed by C; then A would be tried for the crime of Entrapment if A were either:
- A law enforcement officer
- A person engaged in cooperation with a law enforcement office
- A person acting as an agent of a law enforcement officer
If B were prosecuted instead of C, as would be the case, then B can be acquitted if he or she can prove that his or her criminal conduct occurred as a result of the coercion or entrapment by A.
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