Solicitation of a Minor Defense Attorney | Orange County
For 40+ years, the solicitation of a minor defense attorney at Wallin & Klarich have gone above and beyond in helping their clients who are charged with a violation of Penal Code Section 288.4 and other related charges. We understand what it takes to successfully defend our clients and fight for their rights. We have the knowledge, skill, and resources to take on tough cases. With offices in Orange County, Torrance, San Bernardino, Riverside, West Covina, Victorville, and throughout the greater Los Angeles area, our dedicated team of solicitation of a minor defense attorney is waiting to help you. Call us toll-free today at (877) 4-NO-JAIL for a free phone consultation and get immediate advice from one of our skilled solicitation of a minor criminal defense lawyers.
What is Solicitation of a Minor?
Under California Penal Code Section 288.4, solicitation of a minor occurs when an adult invites or arranges a meet-up with an individual that they believe is under the age of 18 for the purpose of engaging in any sexual activity. This most commonly occurs through internet communication. It is important to note that the alleged victim does not have to be a minor, and no sexual contact has to occur for you to be charged with this serious crime. For example, an undercover police officer could pose as a minor, and if you invite the “minor” to engage in sexual acts with you, you can be charged with solicitation of a minor.
You or a loved one may face potentially life-altering consequences and very serious legal penalties if you are accused of solicitation of a minor in Orange County, California. State and federal prosecutors are very tough on this crime and pursue these charges with their full power. It is important to note that you can be prosecuted by the United States government as well. If you are found guilty of solicitation of a minor, you may face decades in prison and mandatory registration as a sex offender, along with a lifetime of personal and professional consequences. This charge should never be taken lightly. Contact the experienced defense attorneys at Wallin & Klarich today for your complimentary phone consultation.
What Must Be Proven to Charge You With Solicitation of a Minor
PC 288.4 is a “wobbler” offense, meaning it can be charged as either a felony or a misdemeanor depending on the facts of the case and the defendant’s criminal record. In order to be charged for PC 288.4, the prosecution must be able to prove the following factors:
- The defendant arranged a meeting with a minor or person he or she believes to be a minor for the purpose of:
- Exposing his/her genitals or pubic rectal area
- Having the child expose his/her genitals or pubic rectal area
- Engaging in lewd or lascivious behavior
- The defendant was motivated by an unnatural or abnormal sexual interest in children
- The defendant went to the arranged meeting place at or around the arranged meeting time
Federal Prosecution For Solicitation Of A Minor | USC 2422-2423
As noted above, solicitation of a minor is a federal crime as well. Under USC 24221 and 2423, the U.S. Attorney General’s office may also prosecute you if you do any of the following:
- Knowingly persuade or attempt to induce, entice, or coerce any minor to travel between states or internationally to engage in prostitution or in any unlawful sexual activity
- Use the mail or any facility such as the internet to knowingly attempt to persuade, induce, entice, or coerce any minor to engage in any unlawful sexual activity.
- Knowingly transport a minor between states or internationally with the intent to engage in unlawful sexual activity
- Travel between states or internationally for the purpose of engaging in any unlawful sexual conduct with a minor
Solicitation of a Minor Punishments | What You’re Facing
California prosecutors can charge you with a misdemeanor or a felony for solicitation of a minor. If you have no prior criminal history, the prosecution may charge you with a misdemeanor. However, if you have a criminal history, it is likely you will be charged with a felony. Some of the penalties you can expect for solicitation of a minor in Orange County, California are outlined below.
Felony
- Imprisonment in state prison for two, three, or four years
- A fine not exceeding the amount of $5,000
Misdemeanor
- Imprisonment in a county jail for up to 1 year
- A fine not exceeding the amount of $5,000
- Both imprisonment and a fine
Federal Penalties For Solicitation Of A Minor
As noted above, you may also face federal prosecution for this crime. Federal penalties for solicitation of a minor are severe under 18 USC 2422 and 2423. Other related charges commonly accompany this charge as well. If you are found guilty, you face the following penalties outlined below.
- If you are convicted of using the mail, internet, or another form of communication to solicit or attempt solicitation of a minor with the intent to engage in unlawful sexual activity, or you are successful in transporting the child for this illegal purpose, you may serve a minimum of 10 years to life in federal prison.
- If you travel to another state, come to the United States or travel internationally and engage in a sexual act with a person under the age of 18, you could be sentenced to 40 years in prison.
- You may also be charged with the crime of “sex trafficking” of children, which carries a minimum of 10 years to life in prison if the minor is under 18 years old and 15 years to life if the child is under 14 years old. This charge does not require you to know the alleged victim was under 18 years old.
- You will also be required to register as a sex offender with the local law enforcement agency in the city or county in which you are paroled. In addition to this, you may also be required to register as a sex offender with the federal government for the rest of your life.
Professional and Personal Consequences
Along with the serious legal penalties, you face the professional and personal stigma attached to being charged with solicitation of a minor. Unfortunately, you may lose some close friends and find that many of your relationships are negatively impacted as a result of this charge. Moreover, you may even be fired from your job. If you are convicted of this charge, it may be extremely difficult to find another career or job. To make matters worse, whether you are convicted or not, you face the public humiliation of having your name attached to a crime of this nature. This can make you feel hopeless and isolated from the world.
With so much at stake, it is important for you to contact one of our experienced sex crime defense attorneys. At Wallin & Klarich, we have over 40 years of experience successfully defending many clients just like you. We understand what you are going through. We will be by your side to guide you through each step of the process from beginning to end. You do not have to face this alone.
Fight Back | Possible Defenses Against Solicitation of a Minor Charges
Being charged with solicitation of a minor in California may make you feel like all hope is lost. However, with the experienced attorneys at Wallin & Klarich on your side, you can breathe a sigh of relief. Throughout our 40+ years of representing numerous clients all over Southern California, we have identified many defenses that could lead to a dismissal or other positive outcomes for your case. Some effective defenses that may be able to be used in your defense include:
Entrapment
If your case involved undercover police or a sting operation, as your attorney we may argue that you were coerced or harassed by law enforcement officers. We will attempt to show that you were coaxed into solicitation of a minor and without the involvement of law enforcement, you would not have engaged in this type of conduct.
False Accusations
Another possible defense is that you were falsely accused and did not actually commit the crime. For example, the parents of the minor may have forced or pressured the minor into making a false report to the police. Alternatively, the crime might have actually occurred, but you weren’t involved. For example, another person may have used your phone, computer, email, screen name, or IP address in order to avoid being caught.
Good Faith – Belief of Age
We may be able to establish that you reasonably believed the minor was at least 18 years old. We will want to present evidence such as messages or emails between you and the alleged victim that proves you reasonably believed the minor was an adult.
Hiring A Solicitation of a Minor Defense Attorney | How We Can Help You
When dealing with such serious allegations it is crucial to hire the best attorney for your case. At Wallin & Klarich criminal defense firm we believe that there are four (4) key aspects that you, the client, should look for when hiring an attorney.
- Experience
- Communication
- Track record
- Ethos – Credibility
Wallin & Klarich | 40+ Years of Experience Defending Solicitation of a Minor Charges
Here at Wallin & Klarich, our team of highly-trained attorneys have over 40+ years of experience representing clients accused of solicitation of a minor. This experience does not only mean that we are competent in the handling of your case, but equally important, we know our way around the local courthouses and we know the local prosecutors. This sometimes overlooked, and often underappreciated knowledge makes it easier to craft a defense that gives you the highest chance of success possible.
24/7 Communication With Your Attorney | The Wallin & Klarich Way
Cases are won in the courtroom but made in the office. At Wallin & Klarich, we believe that communication and transparency are vital to a successful case. With all the paperwork and legality, we have found that when people retain other law firms it is common for the client to get lost in the legal process and only have a vague idea of what is going on in their case. We believe this is why so many people retain our law firm to help them when facing a solicitation of a minor charge. By keeping an open line of communication with our clients and walking side-by-side with them through the entire legal process, we have found that our clients are not only happier but receive a better outcome when communication is kept at the forefront of our efforts.
Give us a call at (877) 4-NO-JAIL and let’s begin communicating on how we can get the best outcome for your case.
Track Record of Success | Wallin & Klarich History of Winning Cases
Words mean nothing if the outcome of your case is not what you were looking for. We are confident enough in our abilities to deliver the best possible outcome in your case that we invite you to read about some of our previous big wins in the courtroom
Reputation & Ethos | Wallin & Klarich A Reputation You Want on Your Side
At Wallin & Klarich, we understand that there are tons of criminal defense firms all claiming to be the same. This is why we don’t claim anything, but rather let our clients speak for themselves. Check out what some of our past clients have had to say about us!
Free Consultation | Call Us Now! Contact us online or call us today at (877) 4-NO-JAIL for a free phone consultation. With offices in Orange County, Riverside, San Bernardino, West Covina, Torrance, San Diego, Los Angeles, San Diego, and throughout Southern California, we have an office near where you live or work. Many of our initial consultations are done virtually. During your initial consultation, we will ask about the facts of your case. We will discuss every aspect of your case and go over potential defenses and possible punishment you could be facing. When it matters most, you can rely on Wallin & Klarich to defend your rights.