Locating and arresting those soliciting prostitution is a top priority for local law enforcement. Prostitution stings in Riverside County are responsible for numerous solicitation charges and convictions.
If you have been charged with soliciting a prostitute, we strongly recommend finding a Temecula solicitation lawyer who could negotiate aggressively on your behalf to have your charges reduced or even dismissed entirely. At the Law Offices of Scott Henry, our decades of experience allow us to quickly determine what strategies would be most effective in getting you the result you need. Our defense attorneys are diligent advocates for our clients and are committed to fighting zealously to obtain the best possible outcome.
Penalties of Solicitation
California Penal Code 647b PC makes it unlawful to solicit another individual to engage in a sexual or lewd act in exchange for money, drugs, or other forms of compensation. This applies to both a prostitute and their customer. Solicitation is charged as a misdemeanor but carries considerable penalties. Solicitation is a “priorable” offense, which means that the punishment increases with each subsequent conviction. Penalties for a second solicitation conviction include a mandatory minimum jail sentence of 45 days. A third or subsequent conviction carries a minimum of 90 days in jail.
Convictions for solicitation do not typically carry a mandatory sex offender registration. However, the judge could impose this penalty if he or she feels the crime resulted from “sexual compulsion or for purposes of sexual gratification.” Though it is within the court’s power to require a sex offender registration, it is seldom an element of the sentence.
To enforce these penalties, a prosecutor must prove that the defendant requested another person engage in a sexual act in exchange for some form of compensation. In most cases, the compensation is in the form of cash or drugs. Additionally, the prosecutor must show that the defendant intended to engage in this criminal act, meaning there must be evidence that the defendant took steps toward engaging in a sexual act. This could be accomplished by showing that the defendant had cash or condoms at the time of arrest, or the defendant took some other action that manifested intent. A lawyer in Temecula could help someone minimize or avoid these penalties for solicitation charges.
Are There Legal Defenses to Solicitation Charges?
Several legal defenses may be useful in fighting solicitation charges. The appropriate strategy ultimately depends on the specifics of your case but may include:
- Mistake of Fact/Lack of intent
- Insufficient evidence
- Lack of trustworthy evidence
- 4th Amendment violation through an illegal search
- Coercion or intimidation to commit a crime you would have otherwise not committed
A Temecula attorney could determine which defense strategy may work best in your solicitation case.
Speak with a Leading Temecula Solicitation Attorney
If you have been arrested and charged with solicitation, we strongly advise you to immediately seek skilled legal counsel. Our leading Temecula solicitation lawyers could aggressively represent your interests to get the best possible outcome. We have over 40 years of legal insight, allowing us to negotiate skillfully on your behalf. Contact our offices today for a free, confidential case analysis.