Murder for Hire and Solicitation to Commit Murder Defense in Miami

These are among the most serious non-homicide charges a person can face, and they are built almost entirely on recordings and on the testimony of the people who made them. What was actually said, who said it first, who pushed, and what the words meant in context are the case. Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Criminal Solicitation and Conspiracy Under Florida Law (Section 777.04)

Solicitation. A person commits criminal solicitation if he or she "solicits another to commit an offense prohibited by law and in the course of such solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense."

Conspiracy. A person commits criminal conspiracy if he or she "agrees, conspires, combines, or confederates with another person or persons to commit any offense."

Attempt. A person commits criminal attempt by doing any act toward committing an offense but failing or being intercepted or prevented.

The degree for murder cases.

These are the maximums the statutes allow. They are not what every case gets.

Which charge is filed depends on the facts. Solicitation, conspiracy, and attempt each have their own elements, and the evidence that proves one may not prove another. That is often a central question in these cases.

If a killing or attempt actually happens. Under Florida law, a person who "aids, abets, counsels, hires, or otherwise procures" an offense that is then committed or attempted is a principal in the first degree and can be charged and punished as if he or she committed it, whether or not present. In that situation the case becomes a homicide or attempted homicide case. See Murder & Homicide Defense.

Renunciation. Florida law makes it a defense to solicitation, conspiracy, or attempt if, "under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose," the person abandoned the attempt, persuaded the other person not to commit the offense, or otherwise prevented it.

Federal Murder for Hire (18 U.S.C. § 1958)

Federal law makes it a crime to travel, or cause another (including the intended victim) to travel, in interstate or foreign commerce, or to use or cause another to use the mail or "any facility of interstate or foreign commerce," with intent that a murder be committed in violation of state or federal law as consideration for receiving, or a promise or agreement to pay, "anything of pecuniary value," or to conspire to do so.

The statute defines "anything of pecuniary value" as "anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage," and says a "facility of interstate or foreign commerce" "includes means of transportation and communication."

Penalties under section 1958:

• Up to 10 years in prison;
• Up to 20 years if personal injury results;
• If death results, death or life imprisonment, or a fine of not more than $250,000, or both.

The government must prove each element, including the use of an interstate facility and the payment or promise of something of pecuniary value as consideration for the murder.

How Undercover "Hitman" Stings Work

Many of these cases start when someone tells the police that a person is looking for a killer, often a former partner, a co-worker, a cellmate, or a person facing charges of their own. Police then introduce an undercover officer or an informant who poses as a hired killer. The meetings and calls are recorded. Investigators often wait for a payment, a photo, an address, or a statement of agreement before making the arrest.

That structure gives the defense a lot to examine:

• The informant. Who first went to the police, and why? What were they promised, paid, or forgiven? Informants who are working off their own charges have reasons to shape a story.
• The unrecorded moments. The first conversation is often not recorded. What was said before the recorder was turned on can matter as much as what was said after.
• Who drove the conversation. Who raised the subject, who brought it back up, who set the price, and who pushed for a decision.
• The words themselves. Anger, venting, dark talk, and fantasy are not the same as a request for specific conduct. The Florida statute requires a person to command, encourage, hire, or request another person to engage in specific conduct that would constitute the offense. Context, translation, and slang matter, especially in recordings in Spanish or mixed languages.
• Completeness. We demand the complete recordings, the full message history, and every report, not the excerpts the government chose.

The Entrapment Defense (Section 777.201)

Florida's entrapment law covers officers and the people cooperating with them or acting as their agents. Entrapment happens when, to get evidence of a crime, they induce or encourage a person, and as a direct result cause the person to commit the crime, by using methods of persuasion or inducement that create a substantial risk that the crime will be committed by someone other than a person who is ready to commit it. If the accused proves entrapment by a preponderance of the evidence (more likely than not), the statute says he or she shall be acquitted. The jury, or the judge in a non-jury trial, decides.

In a murder-for-hire sting, that means looking hard at the informant's and the officer's own words: how often they made contact, how hard they pushed, and what they offered or threatened. For more on how stings are run and how the entrapment statute works, see Reverse Stings & Entrapment. Federal entrapment is a separate doctrine, and we analyze it on its own terms in a federal case.

Bond, Turning Yourself In, and Immigration

• Bond. Bond in these cases is almost always contested, and the State or the government may ask the court to hold the accused before trial. Preparation for that hearing starts immediately. See Bond & Nebbia Hearings.
• Surrender. If you learn you are under investigation or there is a warrant, a planned surrender with a lawyer is safer than an arrest. See Turning Yourself In.
• Immigration. For non-citizens, a conviction for solicitation or conspiracy involving murder can carry severe immigration consequences. Talk to us before any plea. See Immigration Consequences.

What to Do if You Are Investigated or Arrested

1. Stop talking, to anyone, about the situation. Do not call, text, or meet with the person you spoke with before. Assume every conversation is recorded.
2. Do not talk to police or agents. Ask for a lawyer.
3. Do not delete messages or accounts. Destroying evidence can be its own crime, and the full history may help you.
4. Do not contact the person named as the target, directly or through anyone else.
5. Call us right away.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Can I be charged if nobody was hurt?

Yes. Solicitation and conspiracy are complete crimes under Florida law without any harm occurring. The federal murder-for-hire statute also does not require that a murder happen; the penalty increases if injury or death results.

What degree of crime is solicitation to commit first-degree murder in Florida?

A first-degree felony, punishable by up to 30 years.

The "hitman" was an undercover officer. Does that matter?

It can. Whether the government's agents created the crime, and whether the charge filed fits the facts, are central questions. Entrapment is a statutory defense in Florida.

I was just venting. Is that a crime?

The Florida statute requires a command, encouragement, hiring, or request for specific conduct that would be the crime. What was said, in what context, and who drove the conversation are what we examine.

Is murder for hire a federal crime?

It can be, under 18 U.S.C. § 1958, when interstate travel, the mail, or a facility of interstate commerce is used with intent that a murder be committed in exchange for something of pecuniary value.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.