Being charged with a sex-related offense can be a traumatic experience. Even a mere accusation can have a lasting effect on an individual. Many people accused of solicitation of a prostitute experience significant and humiliation and just want the situation to go away. If you have been charged with this offense, you should retain a highly regarded Tustin solicitation lawyer as soon as possible. An experienced criminal defense attorney could help you through the process by building a strong and effective defense.
Our lawyers at The Office of Scott D. Henry understand how difficult it is to face these charges. Our team has extensive experience handling this type of case and knows how they are investigated and charged in the area. It is essential to have experienced and diligent representation to help you get the best result.
What is Solicitation?
Under California Penal Code 647(b) PC, it is illegal to engage in or solicit prostitution. Prostitution is defined as offering to pay or to be paid money or something of value in exchange for a sexual act. Both prostitution and solicitation are misdemeanors in California. For an individual to be found guilty of soliciting a prostitute, it must be proven that someone requested another person to engage in a sexual or lewd act in exchange for money or something of value and that there was intent to engage in that act. Intent is often more challenging to prove. Depending on the circumstances of the alleged offense, a local attorney could argue there was a lack of intent, which can be a valid defense in many solicitation cases.
Penalties for Solicitation in Tustin
Solicitation and prostitution are a priority for law enforcement in the area. Prosecutors take it seriously as well and harshly prosecute these crimes. For a first offense, the potential penalties may include up to six months in jail and a maximum fine of $1,000. For a second time offense, the penalties include a mandatory sentence of a minimum of 45 days in jail. Additionally, there is a mandatory sentence of a minimum of 90 days in jail for third or subsequent offenses.
Defendants could receive additional penalties if the crime were committed in a vehicle or within 1,000 feet of a residence. A solicitation conviction can have a substantial effect on your future. It is imperative that you have a lawyer in the area with experience and diligence on your side – one who could tirelessly fight for your rights and dignity to help you through a solicitation case.
Legal Defenses for Solicitation
Many individuals plead guilty to a solicitation offense because they are embarrassed and just want the situation to go away. They may also feel there is no chance of not being found guilty. There are, however, solicitation defenses that can be effective if you have a skilled and knowledgeable Tustin attorney. Some common defense strategies include:
- Entrapment
- Lack of intent/mistake of fact
- A lack of trustworthy evidence
- Insufficient evidence
Additionally, there are numerous reduced charges that a defendant could plead guilty to that do not carry the stigma and embarrassment associated with this type of conviction.
What is Entrapment?
Entrapment is a common defense for these charges. It occurs when a police officer engages in conduct that would cause a typically law-abiding citizen to commit a crime. Depending on the circumstances, entrapment may involve:
- Coaxing
- Flattering
- Repeated and persistent requests
- Badgering
- Guarantee that the act is not illegal
- An appeal to friendship or sympathy
Often, entrapment defenses are used when there is an undercover prostitution operation. If you have been charged with solicitation due to a police officer’s aggressive actions, this may be an effective defense, especially if you have not been convicted of a crime in the past.
Speak with a Tustin Solicitation Today
If you have been charged with solicitation, you should secure aggressive legal representation immediately. The Tustin solicitation attorneys at The Law Office of Scott D. Henry have decades of experience fighting these charges. We have relationships with local law enforcement, prosecutors, and judges that assist us in effectively representing you. We could do a thorough investigation into the circumstances of your case and find any loopholes or laws that could possibly result in reduced or dismissed charges. Scott D. Henry and his team are dedicated to getting the best result for all of our clients given the circumstances. Please contact us today for a free consultation.