Solicitation Charges in Arizona
Solicitation punishes what the prosecutor says you asked for, not what you did. Under ARS § 13-1002 the charge is built from words: a text thread, an online ad, a conversation with an undercover officer. Intent is the entire case.
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What Counts as Solicitation
Under ARS § 13-1002, solicitation means commanding, encouraging, or requesting someone else to commit a crime, with the intent that it happen. No crime has to occur. The other person doesn't even have to be real: sting conversations with undercover officers count.
The charge level follows a ladder: solicitation is charged two classes below the crime the prosecutor says you solicited. Ask for a class 5 felony and the charge is a class 1 misdemeanor. The level lives entirely in the prosecutor's theory of what you meant.
The pieces of the case:
The Elements
Words plus intent: encouraging or requesting specific criminal conduct, meaning for it to happen. Both parts are required, and both are contestable.
Words + IntentThe Ladder
Charged two classes below the crime solicited: class 2 felony solicited = class 4 felony charge; class 5 felony solicited = class 1 misdemeanor; misdemeanor solicited = class 3 misdemeanor.
Two Classes DownUndercover Operations
Police run stings through decoy ads and undercover conversations, and the law allows it. The person being fake does not make the charge fake. The defense lives in what was said and who pushed.
Common OriginWalking Away
Fully and voluntarily renouncing it, walking away and preventing the crime, is a defense written into Arizona law.
Statutory DefenseReal Penalties, in Plain Numbers
Where your charge lands on the ladder decides everything, which makes the ladder itself the first fight:
Felony-Level Solicitation
- Charged when the crime solicited was a class 1 through 4 felony
- Prison ranges apply if the judge denies probation
- Fines up to $150,000 plus surcharges
- A felony record: gun rights lost, jobs and licenses at risk
Misdemeanor-Level Solicitation
- Charged when the crime solicited was a class 5 or 6 felony, or a misdemeanor
- Up to 180 days in county jail at class 1
- Fines up to $2,500 plus surcharges
- A permanent criminal record unless you clear it later
The gap between rungs is enormous, and the rung is an allegation, not a fact. Arguing the ladder down is often worth more than everything else combined.
Intent Is the Whole Case. Words Alone Are Not Enough.
Solicitation cases are built from conversations, and conversations cut both ways. Jokes, bravado, vague talk, and playing along read differently than a genuine request that a crime happen. The prosecutor has to prove you meant it, with your words as the only real evidence.
Defenses we build most often:
- No real intent. Talk without meaning it, however ugly, is not solicitation. Context, tone, and follow-through tell the story.
- Nothing specific requested. The law requires solicitation of specific criminal conduct. Vague or hypothetical talk falls short.
- Who pushed first. In sting cases, the full transcript matters. When the idea, the pressure, and the persistence all came from the officer, entrapment and inducement arguments open up.
- Renunciation. If you fully and voluntarily walked away, Arizona law recognizes it as a defense.
- The ladder rung. The felony-versus-misdemeanor line rests on the prosecutor's theory of what was solicited. Attacking the theory drops the level.
See how these play out in real cases on our case victories page.
Five Moves That Protect You
- Stop talking to the police. Politely decline interviews with police or detectives until you have a lawyer. You cannot talk your way out, and every answer gets written down.
- Preserve, don't delete. Deleting texts, posts, or files after learning of an investigation invites a separate tampering charge. Leave everything alone.
- Gather your own evidence. Take photos of the scene, your injuries, or the property involved, and save any videos. Arizona is a one-party consent state, so recording a conversation you are part of is legal, even without announcing it.
- Write down what happened. Dates, names, exact words while they're fresh. Give it to your lawyer, no one else.
- Get a lawyer before your first court date. The earliest decisions, what gets charged and what gets filed, happen fast. Early pressure on the prosecutor changes outcomes.
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Solicitation Charges, Answered Straight
Is solicitation a felony in Arizona?
It depends what the prosecutor claims you solicited. The charge lands two classes below the alleged crime: soliciting a class 2 felony is a class 4 felony charge, while soliciting a class 5 felony is a class 1 misdemeanor. The rung on the ladder is arguable, and arguing it down is often the biggest win available.
It was a sting. The other person was an undercover officer. Doesn't that matter?
The sting itself is legal, and the target being fake does not erase the charge. What matters is the transcript: who raised the idea, who pushed, and whether your words show real intent. When the pressure came from the officer, real defenses open up.
I was joking. Is that a defense?
Intent is an element the prosecutor must prove. Jokes, bravado, and talk you never meant to act on fall short of the law's requirement, and the full context of the conversation is evidence in your favor. Preserve the whole thread, never delete it.
I backed out before anything happened. Does that help?
It might be a complete defense. Arizona law recognizes renunciation: fully and voluntarily walking away and preventing the crime. The details and timing matter, so lay them out for your lawyer precisely.
Will this stay on my record forever?
A conviction stays unless you act to clear it. Arizona allows many convictions to be set aside, and some records to be sealed, once your case fully ends. Our record-removal division, AZ Record Removal, handles exactly that, so the plan for your record starts on day one.
Where do you defend these cases?
We defend criminal charges in courts across Maricopa County, including Phoenix and the surrounding cities. Phones are answered 24/7, and free consultations are scheduled during business hours. Call 602-900-7625.
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