Commission of a Felony for Hire

Massachusetts General Laws Chapter 265 Section 13G provides an additional sentence for the commission of a felony for hire. A felon for hire is one who commits a felony for a payment or a promise of payment. A felony is a crime that carries a maximum sentence of more than 2 ½ years. The additional sentence under this statute can reach up to five years in the state prison on or after the punishment provided for the underlying substantive crime.

The person who procures the felon for hire can be punished as an accessory before the fact and as a conspirator. This person could be punished as a principal felon if his or her involvement in the underlying crime is substantial.

This crime is rarely prosecuted in Massachusetts. In the annotated statutes there are no case discussing this law, suggesting that there have been very little criminal litigation pertaining to the commission of a felony for hire.

SOLICITATION

Under the common law of Massachusetts, asking another person to commit a crime is a crime in itself. This is known as “solicitation.” This crime may be completed simply by virtue of the communication to the other person. In other words, as soon as one communicates a request to commit a crime to another person, the crime of solicitation has been committed. Whether or not the crime solicited or counseled is actually committed is irrelevant. A person cannot be guilty of both solicitation and of being an accessory before the fact to a felony. To convict someone for solicitation the district attorney needs to prove beyond a reasonable doubt that the accused “solicited, counseled, advised or otherwise enticed another” person to commit a crime. Solicitation also comes about where the defendant solicit someone to get someone else to commit the crime. Solicitation is usually charged in connection with murder cases. It is not uncommon to see people accused of serious crimes, such as murder, make deals with the prosecution to testify against someone who supposedly solicited them to commit the crime. In this situation, the cooperating individual’s motive becomes the defendant’s best ally. In this instance it is important to keep in mind that the person who actually committed the crime is going to get a better deal than the person who solicited him to do it. This circumstance can make it difficult for a jury to convict.

MASSACHUSETTS CRIMINAL DEFENSE ATTORNEY: (617) 263 6800

Attorney Stephen Neyman is one of the top criminal defense lawyers in Massachusetts. His Boston-based firm serves clients in the Boston area and throughout the state. Attorney Neyman has been practicing criminal law since the 1980s. Over the years, he has gained a level of experience that few attorneys ever reach. Not only does Attorney Neyman have an uncommon expertise in the field, but he also continuously demonstrates his unique dedication to his clients as individuals. While he is a fierce and aggressive advocate in the courtroom, he is sensitive to and understanding of his client’s needs and concerns. If you or someone you know is facing a criminal charge and would like to speak with an exceptional defense lawyer, call the Law Offices of Stephen Neyman, P.C. at (617) 263 6800 or contact us online at your convenience. The very best way to protect your interests and freedom is to consult with an attorney as soon as possible, so do not hesitate to contact the office at any time, day or night.

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