Solicitation Attorneys in Phoenix

Accused of Soliciting Sex in Arizona?

When a person does anything to encourage or request another person to engage in prostitution, they can be arrested and charged with a crime known as solicitation. If you are facing solicitation charges, you should contact a Phoenix solicitation defense lawyer from MayesTelles PLLC right away.

Not only have we successfully handled thousands of state and federal cases, Attorney Telles is a former Maricopa County prosecutor, which gives us critical insight into what the state is looking for when it is prosecuting criminal cases.

Encouraging or Facilitating Prostitution

Despite the fact that prostitution involves two consensual adults engaging in perhaps the oldest profession in existence, the act and anything remotely connected to it is criminalized in Arizona. Solicitation in Arizona is found under A.R.S. § 13-1002.

A person is guilty of solicitation if, with the intent to promote or facilitate the commission of a misdemeanor or felony, the person:

• Commands prostitution
• Encourages prostitution
• Requests prostitution
• Solicits another person to engage in prostitution

Solicitation is the crime of encouraging or inducing another to commit the crime of prostitution or join in the crime of prostitution. For instance, solicitation can refer to the prostitute offering sexual pleasures for pay, or it can refer to a customer attempting to hire a prostitute.

How Does Arizona Law Define Intent in Solicitation Cases?

In Arizona, a person must have specific intent to solicit a crime for a solicitation charge to hold. This means that the person must have deliberately and purposefully encouraged or requested another person to commit a crime. Mere discussions or vague suggestions are usually insufficient to constitute solicitation. The prosecution must prove beyond a reasonable doubt that the defendant intended for the crime to occur, which often involves demonstrating that the request or encouragement was clear and purposeful.

What are the Penalties for Solicitation?

Prostitution is generally a Class 1 misdemeanor in Arizona; thus, if a person tried to solicit prostitution (a Class 1 misdemeanor), they would be charged with a Class 3 misdemeanor for solicitation. However, solicitation is a Class 2 misdemeanor if the offense solicited is a Class 6 felony.

Under A.R.S. § 13-707, the terms of imprisonment for misdemeanors are as follows:

• Class 1 misdemeanor – six months maximum
• Class 2 misdemeanor – four months maximum
• Class 3 misdemeanor – maximum of 30 days

Defenses to Solicitation

Solicitation is typically a lower-level offense than the intended crime itself, but it's still taken seriously. There are various legal defenses that someone accused of solicitation may be able to use to fight the charges:

• Lack of Intent: The prosecution must prove that the defendant intended to persuade someone to commit a crime. If there was no genuine intent, like if the defendant was joking or misunderstood, the solicitation charge may not hold up.
• Entrapment: If law enforcement officers pushed or convinced the defendant to commit solicitation when they wouldn’t have done so otherwise, it may be entrapment. This defense argues that the idea to solicit came from the police, not the defendant.
• Withdrawal or Renunciation: If the defendant voluntarily backed out of the plan and took real steps to stop the crime from happening, they may be able to argue renunciation. For instance, contacting authorities or warning the solicited person could show a change of heart.
• Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the defendant solicited the crime. If the evidence is too weak or circumstantial, this defense can argue that there’s not enough proof for a conviction.
• Mistaken Identity: Sometimes, errors in identification can lead to wrongful solicitation charges, especially if communication happened online or through anonymous sources. If there’s doubt about whether the defendant was involved, mistaken identity may apply.
• Lack of Crime Solicited: Solicitation only applies if the act encouraged was actually criminal. If the solicited conduct was not illegal under Arizona law, this could be a strong defense.
• Constitutional Violations: Evidence obtained through unconstitutional methods, such as illegal searches, may be excluded from the case. If officers violated the defendant's rights, the defense can argue to suppress such evidence, weakening the prosecution’s case.

Can Solicitation Charges Be Expunged or Set Aside?

Arizona does not offer true expungement, but a conviction may be “set aside” in some cases, depending on the type of offense and the defendant’s criminal record. If a person is eligible, they may petition to have the conviction set aside after fulfilling all sentencing requirements, including any fines, probation, or prison time. However, certain offenses, especially violent crimes or crimes involving minors, may not be eligible for this relief. If granted, a set-aside can help clear the conviction from the person’s record for purposes like employment and housing, although it doesn’t erase it entirely.

Contact MayesTelles PLLC for a Risk-Free Case Evaluation!

At MayesTelles PLLC, we don't want you to have to go to jail for a solicitation charge, nor do we want you to have to endure the embarrassment that goes along with this seemingly minor offense. Our Phoenix solicitation attorneys respect your privacy and will work diligently to mitigate, if not eliminate the sentencing and penalties you are currently facing.

Accused of soliciting a prostitute in Arizona? Contact our Phoenix solicitation lawyers to schedule your free, confidential consultation today: (602) 428-7104.