McLean Solicitation Lawyer

Solicitation is the action of requesting a sexual transaction from someone. Due to the risk of significant of prison time, you should explore your options for defense with the assistance of a McLean solicitation lawyer if you are facing these charges. An experienced criminal defense attorney understands the complex nuances of these charges and could work to build a case that mitigates or avoids the potential consequences of these allegations.

What Does it Mean to Solicit a Sexual Transaction?

Solicitation falls under Virginia Code §18.2-346, the same code section as prostitution. This offense, however, occurs when an individual offers to pay another person or give them something of value in exchange for sex or a sexual act. The proposed transaction does not need to occur for someone to commit the criminal offense.

Individuals must take some substantial action toward carrying out the transaction to commit the offense. For example, someone may hand cash to another person with the expectation of having sex in return. Similarly, a person may withdraw cash from the bank to give to someone whom they are soliciting for sexual activities.

This offense is a Class 1 misdemeanor that carries the possibility of up to one year in jail and a fine of up to $2,500. A conviction also creates a permanent criminal record. Additionally,  a solicitation conviction may inhibit someone from finding a place to live or work.

Solicitation as a Felony Offense

Solicitation can result in felony charges in some situations, depending on the age of the party whom an individual is attempting to solicit. For instance, if the person being solicited is between 16 and 18 years of age, this action could be a Class 6 felony. However, if they under the age of 16, the offense can increase to a Class 5 felony.

The penalties for a felony solicitation conviction can be significantly more severe than those for a misdemeanor. A conviction for a Class 6 felony may result in one to five years in prison and one to ten years in prison for a Class 5 felony. Nonetheless, a judge or jury has the discretion to impose a lesser sentence. A McLean lawyer could assess an accused individual’s case and determine what penalties they may be facing and then build a case in their defense.

Solicitation of Minors

Individuals also may face felony charges for solicitation of minors. Va. Code §18.2-374.3 prohibits someone over the age of 18 from using any form of communication to request sexual acts from a minor. If someone allegedly breaks this law they are committing a Class 5 felony.

The illicit request can involve a wide range of sex-related activities, from exposing genitalia to engaging in intercourse. When facing solicitation charges, accused individuals should consult an attorney in McLean as soon as possible.

Potential Penalties

The potential penalties for online solicitation of minors can be extremely harsh. The normal range of penalties for a Class 5 felony conviction runs from one to ten years in prison. However, enhancements may exist when the solicitor is at least seven years older than the minor.

Accused individuals in this situation may face a mandatory minimum prison sentence of five years and a maximum period of incarceration of 30 years. Second or subsequent convictions carry the potential for more severe penalties.

Contact a McLean Solicitation Attorney for Guidance

In some cases, these charges result from misunderstandings or misinterpretation by law enforcement officials. Attempting to explain your actions to police, however, can make a bad situation worse. As a result, you should contact a McLean solicitation lawyer for legal advice as soon as possible if you are facing these allegations.

A legal advocate could examine your situation and help determine the defense strategy most likely to be effective in your case. Working with an attorney may the best way to protect your interests and reach a more favorable outcome.