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Houston Solicitation Charges Defense Lawyer: The Charles Johnson Law Firm

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Criminal solicitation is an inchoate crime, consisting of offering something of value to induce another person to commit a crime with the intent that the person asked actually commits the crime.

Examples of solicitation include:

  • Prostitution (solicitation of sex in exchange for money);
  • Murder (offering an individual money in exchange for killing someone); and
  • Drug crimes (offering an individual money in exchange for drugs or illegal contraband).

The crime of solicitation is complete upon asking, meaning that the whether or not the person solicited actually does what is asked of them, the person doing the soliciting has already committed the crime, just by asking. The person asked does not have to be willing to commit the crime as long as the person asking asks with the specific intent that the other person carry out the crime. For example, a person can be charged with solicitation when the person they are asking is an undercover agent, who has no intention of carrying out the crime.

Criminal solicitation is requesting, encouraging or demanding someone to engage in criminal conduct, with the intent to facilitate or contribute to the commission of that crime. Most commonly, “solicitation” refers to solicitation of prostitution – the crime of soliciting someone to engage in prostitution.

Defenses to Solicitation Charges

As in all criminal cases, a solicitation defendant can challenge that they did not commit the act, or that they did not have a criminal intent if they did commit the act. For example, someone charged with solicitation of prostitution might argue that he or she was not the person who did it, or that there was no offer or intent to compensate the other person for performing sex acts.

In some cases, a person is not liable for solicitation if he or she recants their intention to commit the subsequent crime, and notifies the other person that their request is off the table. Depending on what type of criminal behavior the person was soliciting, recanting might also require notifying the police in order to prevent subsequent criminal conduct from unfolding.

Often, evidence in addition to any testimony from the person propositioned is required in order to convict someone of solicitation.

Punishment for Solicitation

Solicitation usually applies to serious offenses. Separate statutes exist under most state criminal codes to account for criminal solicitation. Under federal law, the solicitation of a felony crime is punishable by no more than half of the punishment available for the actual crime. Also, the law does not allow for a person to be charged for solicitation in conjunction with the underlying crime. Thus, a person can either be charged for the underlying crime or for soliciting the crime. Not both.

If an individual who is guilty of solicitation voluntarily abandons the criminal conduct, he may be able to use such a renunciation as a defense during trial. Sometimes notifying of the police is required. If the crime is complete, it is likely too late for renunciation. Other defenses may also be available depending on the specific circumstances surrounding the incident. If an undercover police officer is involved in the case, there is a chance that entrapment may be involved.

State laws regarding solicitation will vary from federal laws. Solicitation laws can be complex and difficult to understand without the help of an experienced criminal defense attorney.

Houston Solicitation Defense Lawyer: The Charles Johnson Law Firm

Don’t wait to seek legal help. You may face severe punishments ranging from jail time to loss of certain rights, heavy fines, mandatory rehabilitation, and more. Let us help you. Contact Attorney Charles Johnson for a FREE consultation with a skilled and experienced criminal defense attorney who can evaluate your case and help you determine a course of action to obtain the best possible outcome.

We can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

Houston Solicitation Charges Defense Lawyer: The Charles Johnson Law Firm

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Related News Stories – Solicitation Arrests in Houston

Facing Sex Crime Charges? Proven Houston Criminal Lawyer Charles Johnson is Your Best Ally

Facing Sex Crime Charges? Proven Houston Criminal Lawyer Charles Johnson is Your Best Ally

Crimes falling into the “sex crimes” category generally involve illegal or coerced sexual conduct by one person towards another. There are laws against unlawful sexual conduct in every state, and each state has its own time limit to bring a sexual-related lawsuit. People convicted of sex crimes are considered “sex offenders” by the state and face having their names added to state and federal sex offender registries. Below is a collection of crimes that are sexual in nature, and that carry severe consequences and penalties.

  • Child Pornography – Federal and state laws make it a crime to produce, possess, distribute, or sell pornographic materials that exploit or portray a minor.
  • Criminal Solicitation of a Minor (Under 17) – On-line solicitation of a minor for a sexual purpose, that is, with intent to commit a sexual activity with that minor, is one of the most investigated and targeted activities by both federal and state law enforcement in this day and age.
  • Improper Relationship Between Educator and Student – Although the relationships are typically consensual, the teacher is prosecuted under a specific provision of the penal code prohibiting an Improper Relationship Between Educator & Student. It is important to note that the offense is neither limited to teachers nor limited to sexual contact; risqué text messages are enough
  • Indecent Exposure – Indecent exposure laws in most states make it a crime to purposefully display one’s genitals in public, causing others to be alarmed or offended. Indecent exposure is often committed for the sexual gratification of the offender, and may reach the level of a sexual assault if any physical contact is made.
  • Public Lewdness –  It is generally defined to be the intentional exposure of the genitals, buttocks or female breasts or committing  or attempting to engage in a sexual act in public where there is reason to believe you will and can be observed.
  • Prostitution – Generally, prostitution is the act of engaging in sexual activity by a person for a fee or a thing of economic value.  But the scope of the crime of prostitution has been widened to include all prostitution related offenses.  Thus a person is considered to commit an offense of prostitution if s/he engages in an act of prostitution willfully, solicits prostitution, or agrees to engage in an act of prostitution.
  • Sexual Assault/Rape – Sexual assault generally refers to any crime in which the offender subjects the victim to sexual touching that is unwanted and offensive. These crimes can range from sexual groping or assault/battery, to attempted rape.
  • Sexual Assault of a Child (Statutory Rape) – Statutory rape refers to sexual relations involving someone below the “age of consent.” People below the age of consent cannot legally consent to having sex. This means that sex with them, by definition, violates the law.
  • Solicitation – It’s illegal to entice someone else to commit a crime (such as prostitution). This article explains the elements to prove solicitation, as well as defenses and penalties.

Houston Sex Crimes Defense Lawyer: The Charles Johnson Law Firm

Sex crimes can carry very significant criminal penalties, and even those that carry relatively short jail sentences can result in lifelong registration requirements, public notice, employment restrictions and many other problems.

If you’ve been accused of a sex crime, it’s critical that you understand all of the risks involved before taking any action. You may not have the knowledge and experience necessary to take the steps required to protect yourself and your future. Schedule a free, no-obligation consultation with Attorney Charles Johnson for more clarification and guidance.

We can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

Facing Sex Crime Charges? Proven Houston Criminal Lawyer Charles Johnson is Your Best Ally

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Houston Prostitution Defense Lawyer: The Charles Johnson Law Firm

Finest Houston Criminal Defense Lawyer for Prostitution
Generally, prostitution is the act of engaging in sexual activity by a person for a fee or a thing of economic value.  But the scope of the crime of prostitution has been widened to include all prostitution related offenses.  Thus a person is considered to commit an offense of prostitution if s/he engages in an act of prostitution willfully, solicits prostitution, or agrees to engage in an act of prostitution.

The parties to the crime usually include: a prostitute and a customer or a third person/pimp.  In addition to engaging in prostitution, soliciting prostitution, agreeing to engage in an act of prostitution, child prostitution, attempted prostitution are other prostitution related offenses.  A person may be guilty of an attempt to commit prostitution when s/he engages in conduct which tends to effect the commission of such crime.  In order to prove attempt, it is necessary to establish that a defendant had the intent to commit a specific offense and that a defendant engaged in some affirmative act to carry out that crime.

Houston Prostitution Defense Lawyer: Criminal Lawyer Charles Johnson

The elements constituting an offense of prostitution are that a person has engaged in a sexual activity and has done it willfully.  Sexual activity may be sexual intercourse or any lewd acts that may arouse sexual feelings.  Most jurisdictions make monetary consideration a requisite to constitute prostitution but some jurisdictions do not require it to be an element of the offense.  Consideration need not be in the form of money.

In order to constitute an offense of soliciting prostitution, a person has to solicit another person to engage in an act of prostitution and the act must have been done with specific intent to engage in an act of prostitution.  A prostitute or a customer may be charged for the offense of solicitation of prostitution depending on the circumstances or who began the interaction.  Specific intent of engaging in an act of prostitution is an essential element to constitute an offense.  An offer to pay money or other compensation like drugs in exchange for sexual acts may be considered evidence as to the intent of the parties.  Some courts have held that the individual being solicited must actually receive the solicitation in order to convict an accused for soliciting prostitution.

Agreeing to engage in an act of prostitution is another prostitution offense.  The elements of the offense are that, a person must have agreed to engage in an act of prostitution with another person.  It should have been with a specific intent to engage in an act of prostitution and any act in furtherance of prostitution must have had to be performed.  This offense is a continuation of solicitation of prostitution because the person who accepts solicitation will be agreeing to engage in prostitution.

A charge under the offense of agreeing to engage in an act of prostitution may be made even if the person who solicited did not have the same intent.  This situation may arise when a person who pretended to be a prostitute was an under cover agent.  In addition to the intent, an act in furtherance of prostitution must have been performed to constitute the offense of agreeing to engage in prostitution.

An act in furtherance of prostitution can be, driving to an agreed upon location where the sexual activity will take place, mere verbal command to undress, giving the payment agreed upon and the like.  The nature of the act is not important as long as it indicates existence of an agreement to engage in prostitution.

Houston Prostitution Defense Lawyer: The Charles Johnson Law Firm

Even though prostitution is (initially) a misdemeanor, a conviction can be devastating. A sex related criminal record can damage a person’s career and family life. If you are facing prostitution or solicitation of prostitution in Houston, Texas, you will find an aggressive, experienced, and knowledgeable criminal defense attorney in Attorney Charles Johnson.

Website: http://houstonlawyer.com

can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

Arrested for Prostitution? Houston Prostitution Defense Lawyer

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Houston Criminal Lawyer » Fighting A Prostitution Case? The Following Is Your Most Efficient Plan Of Action.

Houston Lawyer Charles Johnson

Hire the Most Effective Houston Criminal Attorney!

Generally, prostitution is the act of participating in sexual activity by an individual for a fee or a thing of economic value. However the scope of the crime of prostitution has been widened to include virtually all prostitution related offenses. As a result a person is considered to commit a criminal offense of prostitution if he or she engages in an act of prostitution willfully, solicits prostitution, or agrees to engage in an act of prostitution.

An individual could possibly end up being guilty of an attempt to commit prostitution when he or she engages in conduct that tends to effect the commission of such crime.The parties to the crime often include: a prostitute in addition to a customer or a third person/pimp. In addition to engaging in prostitution, soliciting prostitution, agreeing to engage in an act of prostitution, child prostitution, attempted prostitution are some other prostitution related offenses. In order to establish attempt, it is necessary to determine that a defendant had the intent to commit a specific offense and that a defendant engaged in some affirmative act to carry out that criminal offense.

The Most Effective Houston Criminal Attorney Can Help

The elements constituting a criminal offense of prostitution are that an individual has engaged in a sexual activity and has done it willfully. Sexual activity might be sexual intercourse or any type of lewd acts that can arouse sexual feelings. Most jurisdictions make monetary consideration a requisite to constitute prostitution but a few jurisdictions do not require it to be a component of the offense. Consideration need not be in the form of cash.

In order to constitute an offense of soliciting prostitution, an individual has to solicit another individual to engage in an act of prostitution and the act must have been done with specific intent to engage in an act of prostitution. A prostitute or a customer may be charged for the criminal offense of solicitation of prostitution depending on the circumstances or who began the interaction. Specific intent of engaging in an act of prostitution is an essential element to constitute a criminal offense. An offer to pay cash or some other compensation like drugs in return for sexual acts may very well be regarded as evidence as to the intent of the parties. Several courts have held that the individual being solicited must actually receive the solicitation in order to convict an accused for soliciting prostitution.

Agreeing to engage in an act of prostitution is another prostitution offense. The elements of the criminal offense are that, an individual has to have agreed to engage in an act of prostitution with another person. It should have been with a specific intent to engage in an act of prostitution and any sort of act in furtherance of prostitution must have had to be performed. This offense is a continuation of solicitation of prostitution because the person who accepts solicitation will undoubtedly be agreeing to engage in prostitution.

An arrest under the offense of agreeing to engage in an act of prostitution may possibly be made even if the person who solicited did not have the same intent. This situation may arise when a person who pretended to be a prostitute was an under cover agent. In addition to the intent, an act in furtherance of prostitution must have been performed to constitute the offense of agreeing to engage in prostitution.

An act in furtherance of prostitution might be, driving to an agreed upon location where the sexual activity will take place, simple verbal command to undress, giving the payment agreed upon and the like. The nature of the act isn’t important as long as it indicates existence of an agreement to engage in prostitution.

Hire the Most Effective Houston Lawyer

Houston Lawyer Charles Johnson will treat you and your legal situation with dignity and go to war for you to safeguard your life, loved ones and future. When you or a family or friend are dealing with legal issues or a criminal defense inquiry, you need someone you can depend on to help you.

Even though prostitution is (initially) a misdemeanor, a conviction can be devastating. A sex related criminal record can damage an individual’s career and family life. In the event you are contending with prostitution or solicitation of prostitution in Houston, Texas, you will find an aggressive, skilled, and knowledgeable attorney in the Best Houston Criminal Defense Attorney at the Charles Johnson Law Firm.

We can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

 
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