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What is the Penalty for Hiring a Hitman? California Murder Solicitation Law

March 20, 2020 Written by Jill Harness and Edited by Peter Liss

Last Updated on September 19, 2024

punishment for hiring a hitman

A recent article in the New York Times uncovered a strange side of the dark web, where murder-for-hire sites are plentiful, but assassins are non-existent. While the hitmen may be fake, real people do visit these sites looking to hire someone to kill another person. Though it is legal to access these types of sites, actually hiring a hitman (or attempting to do so) is against the law, and those who visit these sites to hire a hitman can be charged under California Penal Code section 653f (PC). Anyone accused of these charges should immediately contact an attorney because it is easy to accidentally confess in these cases.

Fake Hitmen, Real Crimes

While most people will never meet a real hitman, including those hoping to find an assassin for hire, even hiring a fake hitman online is a crime —and if you are caught, you can go to jail for a long time.

It’s easier than ever to be busted trying to solicit a murderer as dozens of “assassin-for-hire websites” claim to offer hitmen services and even accept money from those who want to kill their enemies. When someone makes a payment, the “assassins” never follow through with the job. Instead, they either report the solicitor to the police or keep the money, knowing the person who wanted to hire them can’t go to the police when they realize they were cheated.

But even if the person behind the website only pretends to be an assassin, if the person who contacted them and sent them money doesn’t know that to be the case, they broke the law.

Solicitation of Murder Charges in California: 653f(b) (PC)

Most people accused of trying to hire an assassin are charged with the felony crime of solicitation of murder under the state’s overall solicitation of crimes charge, 653f (PC). The sentence for someone who has made efforts towards hiring a hitman is up to nine years in prison and $10,000 in fines.

To be convicted of solicitation of murder, the crime doesn’t need to have been completed, and the person you solicited didn’t even need to agree to the crime. So even if you offered $10,000 to a friend you think also hates your intended victim, you could be convicted of the crime even if they ignore your offer or tell you there’s no way they would do such a thing.

Unfortunately, many people accused of solicitation of murder try to defend themselves with what would be considered a “no-harm, no-foul defense,” saying that the victim is fine and no one ever tried to kill them. In these cases though, this would amount to a confession, so anyone accused of this crime should insist on having a lawyer present when speaking to the police.

How Long do You Go to Jail for Hiring a Hitman?

When the process for hiring a hitman goes beyond asking someone to do the job and moves on to the next stage, the charges and punishment increase accordingly. If someone actually makes a payment to a supposed hitman, they could also be charged with conspiracy to commit murder. Aside from sending money, other activities could be considered to further the plan for murder, such as stealing the keys of an alleged victim and sending them to a hitman.

Conspiracy occurs when two or more people plan a felony and take some form of action toward committing that crime. Like solicitation of murder, the actual crime doesn’t need to have been completed.

Conspiracy to commit murder is an even more serious charge than solicitation of murder, as anyone convicted of the conspiracy charges faces the same sentence as the crime itself. In the case of first-degree murder, this means they could even face life imprisonment or capital punishment.

Gang Enhancements for Murder Solicitation Charges

When gang members get together to hire someone to kill one of their enemies, those involved can have gang enhancements added to the charges. As a gang crime, the sentence can be increased by ten years to life imprisonment. Even if you are already sentenced to life imprisonment for a conspiracy charge, this can still be problematic, as it can make parole even further off and make appeals more difficult.

What Charges Can a Hitman Face?

If someone accepts payment in agreement to murder another person and doesn’t immediately inform the police, they can be charged with conspiracy to commit murder, even if they have not yet taken action to kill the victim. Because conspiracy charges are punishable by the same sentence as the original offense, those who agree to kill someone for money can be sentenced to life imprisonment or the death penalty.

Notably, conspiracy charges do not exclude someone from being charged with the crime itself, so if the assassin kills or tries to kill the victim, they could face first-degree murder or attempted murder charges in addition to the conspiracy charges. Both of these offenses are punishable by life sentences. If the murder is completed, the hitman could be sentenced to death —though California has temporarily halted all executions for the time being.

Fighting the Charges with a Defense Lawyer

These charges are easy to confess to without intending to, especially if you don’t know what evidence the police do or do not have, which is often the case when dealing with secretive conversations or dark web transactions. Never speak to the police without your criminal lawyer present if you think you are under investigation for this crime.

While there are some defenses to these charges, they can be challenging to use successfully. The ideal defense will vary dramatically based on each case’s unique circumstances. In many situations, the only real option is to negotiate a plea bargain to minimize the sentencing and charges a person may face. If you are accused of being involved in a murder-for-hire scheme, the best thing is to contact a defense attorney as soon as possible.

If you have been accused of (or believe you are being investigated for) soliciting murder under 653f (PC), or agreeing to work as a hitman, call murder-for-hire lawyer Peter M. Liss as soon as possible. You can schedule a free initial consultation by calling (760) 643-4050 as soon as possible.

Filed Under: Homicide, THE CA LEGAL SYSTEM, Computer Crimes, VIOLENT CRIMES Tagged With: murder, homicide, conspiracy, murder for hire, scams, gang crimes

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About the Legal Information on This Website

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified criminal defense attorney.