Solicitation in Florida is not the same as the act of prostitution. The act does not need to be completed for a charge of solicitation to stick. Soliciting can be overt, such as approaching another person and negotiating payment in exchange for sexual favors, to veiled, like making lewd comments that suggest the desire to engage in a sexual transaction.
Belle Isle is not a crime haven, with 2.2 times fewer criminal acts than the national average, but the lure of paying for sex has grown in recent years through internet ads that constitute solicitation. If you are arrested and charged with this crime, you need a Belle Isle solicitation lawyer now to help you understand the charges and mitigate them.
Although the law interprets a wide variety of actions as solicitation, there are elements the prosecutor must prove beyond a reasonable doubt to win a conviction. According to Florida Statutes § 796.07(2) solicitation entails:
Prosecutors must prove each element. Responding to a Tinder offer to engage in sex without the element of payment is a non-criminal proposal. A Belle Isle solicitation attorney scrutinizes each element for a weakness that can be exploited to refute proof beyond a reasonable doubt.
Penalties for solicitation can include fines, jail time, probation, and community service. Although the crime is generally a misdemeanor, it can escalate quickly to more severe punishment if you have prior convictions or the aggravating factors outweigh mitigating ones. Circuit Court judges have wide discretion in considering these added factors, but usually the first offense for solicitation is a second-degree misdemeanor that is punished by up to 60 days in the Orange County jail, a fine of up to $500, or both.
Repeat offenders can be charged with a first-degree misdemeanor, which carries a penalty of up to one year in county jail, a fine of up to $1,000, or both.
Soliciting a minor for prostitution, especially on school grounds, can be charged as a felony, with stiffer penalties that include longer incarceration in state prison.
The judge can also sentence those convicted to complete an awareness program about human trafficking and prostitution, and if the interaction involves a vehicle, the vehicle can be seized. The judge can also order mandatory testing for sexually transmitted diseases. A Belle Isle solicitation attorney should be involved from the moment you are arrested to protect your rights and fight aggressively for the best outcome.
In every solicitation case, a defense should be tailored to the facts. Remember, the prosecutor must prove beyond a reasonable doubt that you are the only person who could have and did commit the crime. If the evidence is sketchy, it can be argued that someone else could have solicited the sexual services in a case of mistaken identity or a sole witness is not reliable. You may have had no intention to solicit and were only flirting or trying to arrange a mutual hookup that did not involve payment.
The law enforcement officers might coerce you to solicit prostitution when you would never have done it without them pressuring you, a defense known as entrapment.
Police may have violated your constitutional rights, which is grounds for suppression of any damning evidence.
There are many ways an experienced Belle Isle defense lawyer can challenge solicitation charges. Call now to discuss your situation.
Many people make light of solicitation for prostitution charges. They claim it is a victimless crime and could just be regulated like Nevada does, benefiting the state’s tax coffers. But it is a crime in Florida, and it can affect your freedom if you spend any time in the county jail, and your emotional well-being from the embarrassment when your family and friends find out and shun you.
Do not let an arrest get out of hand and result in a conviction. You are entitled to a defense in court, and we will stand with you. A savvy criminal defense attorney works to get your charges reduced or dismissed by negotiating with the prosecutor or poking holes in their evidence. Contact a Belle Isle solicitation lawyer now and we will get to work for you.
The Umansky Law Firm Criminal Defense & Injury Attorneys
