Being charged with a sex crime carries serious ramifications. Society often views the accused as guilty until proven innocent. Being charged with solicitation is no different. Usually, this charge comes with personal and professional consequences, despite instances where one has been wrongly accused.

If you are charged with the crime of soliciting a prostitute, contacting an experienced McDonough solicitation lawyer may offer you options. A seasoned attorney may be able to negotiate with the prosecutor, lessen your charges, or be successful in dismissing your case or obtaining an acquittal through a strong defense.

Legal Definition of Solicitation

Solicitation occurs when someone solicits, requests, or tries to convince another to engage in sexual acts, under the Official Code of Georgia Annotated §16-6-12. This differs from prostitution, which is the actual act of offering or performing sexual acts for payment. This crime is about the request, not the act. Therefore, a person can be charged with solicitation of prostitution even if the act never occurred, the other person refused, or money or services were never exchanged.

Whether this offense occurs online via chat rooms, personal websites, ads, or in person, the laws and penalties are the same. Even when a person does not know the identity of who they are soliciting sex from, such as being caught in an undercover sting by a female police officer posing as a prostitute, this does not bar them from being charged. If charged with solicitation, it is important to consult with a trained attorney in McDonough who has experience in these types of situations, understands the law and defenses available, and could help strategize an effective defense.

Penalties for Solicitation

The penalties for this offense are laid out in O.C.G.A §16-6-13. Solicitation is charged as a misdemeanor of a “high and aggravated nature,” which is punished by fines, up to a year in prison, and printing a notice of conviction in the local newspaper, with the person’s name, photo, and details of the crime. If the solicitation involved a minor, the charge upgrades to a felony, which may result in prison sentence of 10 to 30 years, higher fines, and possible sex offender registration.

The penalties imposed for a solicitation conviction are serious, specifically when minors are involved. A skilled attorney in McDonough could help someone minimize or avoid the penalties after being charged with solicitation.

Defenses for Soliciting a Prostitute

An experienced attorney in McDonough may be able to counter a solicitation charge with the following defenses:

  • Entrapment – when police go undercover posing as the prostitute, inducing someone into committing a crime they otherwise would not have done, there may be an entrapment defense if the idea and intention of the crime began with the undercover officer
  • Lack of Evidence – sometimes, a vague transaction and agreement for sex without exchange of money can be used to determine there is not enough evidence for a conviction
  • Mistake – being in the wrong place at the wrong time should not lend itself to a charge; someone can be in an area where prostitution is taking place, but that does not mean they were engaging in solicitation

The burden of proof lies with the prosecution. A skilled attorney may provide defenses that raise doubt to the prosecution’s proof that could either lessen one’s charges or result in acquittal.

Consult with a McDonough Solicitation Attorney Today

Being charged with solicitation is a serious criminal offense that can have long-lasting implications on your personal and professional life. If you were wrongly accused of this crime, a skilled McDonough solicitation lawyer could build a strong defense and fight for your rights. Consult with an attorney today and start to reclaim your life and reputation.

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Carl Chapman