Alameda Solicitation Lawyer
Solicitation of others to engage in sex acts is a crime under state law. While these offenses are largely misdemeanors, they still can result in lengthy jail sentences and high fines. Consulting an Alameda solicitation lawyer could be instrumental in minimizing your potential exposure to these sanctions.
You are likely to need the counsel and guidance of an experienced criminal defense attorney to determine the best defense strategy in your case. With a strong legal advocate to represent your interests, you may have better odds of achieving your objectives for your case.
Defining Solicitation of Prostitution
State law equates prostitution with solicitation, so they essentially are the same criminal offense with the same penalties. California Penal Code §647(b) defines solicitation of prostitution as when an individual asks another to engage in sex acts with him or her for money. This state requires that the individuals involved knowingly and intentionally engage in solicitation or prostitution, as well as take some affirmative actions to complete the agreed-upon transaction.
To obtain a conviction, prosecutors only must prove that the individuals who are facing criminal charges have the requisite intent to commit the offense. As a result, if the person whom you were allegedly soliciting did not intend to engage in prostitution, you still could face charges if the prosecution shows you had the requisite intent. However, proof of intent to engage in solicitation must be clear and unmistakable in order to be valid.
Therefore, the act of waving at or talking to someone standing on a street corner in a neighborhood known for prostitution would likely not qualify as clear intent to engage in solicitation of prostitution. An Alameda solicitation attorney could assess your situation and determine whether there is adequate proof of intent to sustain a solicitation conviction.
Penalties for Solicitation of Prostitution
State law considers solicitation to be a misdemeanor offense, but a conviction still can have potentially harsh consequences. Upon conviction, you may face up to one year in jail, probation, and high fines. Subsequent convictions can result in even more severe punishments.
If solicitation of prostitution involves a minor, and the person soliciting knew or should have known that he or she was a minor at the time of the offense, the potential penalties increase. In this case, the mandatory minimum jail sentence is two days, and the maximum sentence is one year, and a $10,000 fine may also be levied. Given the potential severity of these sanctions, getting the advice of a qualified lawyer in Alameda may be crucial to pursuing a positive outcome in your case.
Collateral Consequences in Alameda
Individuals convicted of solicitation may be subject to other adverse consequences, as well. For example, if an individual solicited another person using a vehicle and within 1,000 feet of a private residence, he or she may receive a 30-day license suspension as part of his or her sentence. Alternatively, a court can issue a restricted license for up to six months.
This conviction would also appear on background checks by prospective employers, landlords, and more. Accordingly, the appearance of a criminal conviction for solicitation may harm your chances to obtain new jobs, work in some industries, and gain some professional licenses.
Call an Alameda Solicitation Attorney Right Away
While a misdemeanor solicitation charge may initially seem minor, various circumstances can make the situation much more severe. Consulting an Alameda attorney may be an essential step in fighting back against these potentially severe consequences.
By getting legal advice when you need it most, you may increase your chances of a favorable outcome. Being aware of the full range of options may permit you to make more informed decisions about your case, so call an Alameda solicitation lawyer today and schedule your first consultation.