Being charged with a sex crime can be a life-changing experience. A mere accusation can have long-lasting adverse effects. Most individuals that have been accused of solicitation experience considerable embarrassment and humiliation. They just want the situation to go away quickly. If you have been charged with soliciting a prostitute, it is crucial to retain a highly regarded Irvine solicitation lawyer right away. An experienced criminal defense attorney could assist you through the process by building a strong and effective defense and advocating aggressively on your behalf.
Our seasoned attorneys at The Office of Scott D. Henry understand how difficult it is to face these charges. We have extensive in-depth experience handling prostitution and solicitation cases and know precisely how they are investigated and prosecuted. Having experienced and diligent legal representation is key in helping you obtain the result you need.
What is Considered Solicitation in Irvine?
California Penal Code 647(b) PC states that it is unlawful to engage in or solicit prostitution. Solicitation is defined as soliciting another individual to engage in sexual intercourse or a lewd act in exchange for money or another form of compensation. This offense is a misdemeanor in California.
To be found guilty of soliciting a prostitute, the prosecution must prove you sought another person to engage in a sexual or lewd act in exchange for money or something of value, and you intended to engage in that act. Intent is typically challenging for the District Attorney to prove. Depending on the circumstances of the alleged solicitation offense, one of our experienced attorneys in Irvine could argue there was a lack of intent, which is often an effective defense.
Penalties for Soliciting a Prostitute
Solicitation and prostitution are high priorities for law enforcement. Local prosecutors take it seriously as well and aggressively prosecute these cases. The penalties for a conviction are up to six months in jail and a fine of up to $1,000 for a first-time offense. If someone is facing a second conviction, they may receive a mandatory sentence of a minimum of 45 days in jail. For any subsequent convictions there is a mandatory sentence of a minimum of 90 days in jail. Convictions could carry additional penalties if the crime were committed in a vehicle or within 1,000 feet of a residence.
Legal Defenses for Solicitation in Irvine
Many individuals plead guilty to a solicitation offense because they are embarrassed and want the situation to go away quickly. They may also believe there is no chance they will be found not guilty. However, there are several solicitation defenses that can be effective if you have a skilled and knowledgeable Irvine attorney. Some defense strategies for this offense include:
- Lack of intent/mistake of fact
- Entrapment
- Insufficient evidence
- A lack of trustworthy evidence
There are also numerous reduced charges an individual could plead guilty to that do not carry the stigma and embarrassment that accompanies a solicitation of prostitution conviction.
What is Entrapment by Law Enforcement?
A common defense for these charges is entrapment. It occurs when a law enforcement officer engages in conduct that would cause a law-abiding citizen to commit a crime. Entrapment may involve:
- Coercion
- Badgering
- Repeated and persistent requests
- Flattering
- An appeal to friendship or sympathy
- A false guarantee that the act is legal
Entrapment is a defense typically used when the charges resulted from an undercover prostitution operation. If you have been charged with soliciting a prostitute due to law enforcement’s aggressive conduct, this may be an effective defense, especially if you do not have a criminal record.
Speak with an Irvine Solicitation Attorney Today
If you have been charged with solicitation, it is best to secure aggressive legal representation immediately. Our Irvine solicitation lawyers at The Law Office of Scott D. Henry have over 40 years of combined sex crime defense experience. Our long-standing relationships with local law enforcement, prosecutors, and judges allow us to represent you effectively against your charges.
We could perform a thorough, discreet investigation into the alleged offense’s circumstances to obtain evidence supporting your defense. Additionally, we could look for any errors, loopholes, or laws that could result in the reduction or dismissal of your charges. Scott D. Henry and his team are dedicated to advocating aggressively on your behalf to obtain the best possible outcome. Please contact us today for a free consultation with no obligation.