Is Solicitation of Prostitution a Felony in Virginia? Understanding the Charges

As of December 2025, the following information applies. In Virginia, solicitation of prostitution involves attempting to procure another for prostitution or offering oneself for prostitution. While often a misdemeanor for a first offense, repeat offenses or specific circumstances can elevate charges to a felony, leading to significant penalties. The Law Offices Of SRIS, P.C. provides dedicated legal defense for these matters, aiming for the best possible outcome. Understanding the intricacies of Virginia solicitation of prostitution laws is crucial for anyone facing such charges. Legal representation can help Handling the complexities of these laws, potentially mitigating the consequences of a conviction. Clients can rely on experienced attorneys to advocate for their rights and explore all possible defenses.

Confirmed by Law Offices Of SRIS, P.C.

What is Solicitation of Prostitution in Virginia?

Blunt Truth: In Virginia, solicitation of prostitution happens when someone either offers their body for money or tries to pay someone else for sex. It’s about the “ask” or the “offer” for sexual acts in exchange for payment, even if no actual sex takes place. This can apply to both the person offering money (the solicitor) and the person offering sexual services. The law concerns itself with the intent and the attempt to engage in such transactions, regardless of whether the act was completed. This is distinct from actual prostitution, which refers to the completion of the act.

For many, facing such an accusation can be a genuinely frightening experience, shrouded in uncertainty about what comes next. It’s natural to feel overwhelmed, but understanding the basics of the charge is the first step toward regaining control. Virginia law, specifically Va. Code § 18.2-346, outlines what constitutes unlawful prostitution and solicitation. This statute targets both those who offer sex for money and those who seek to pay for it. The core element is the “agreement” or “offer” for sexual acts for compensation. This means even a verbal agreement or an exchange of messages can be sufficient evidence for a charge, even without physical contact. The legal system views this as an attempt to undermine public order.

The key differentiator from other sex-related offenses is the commercial aspect—the exchange of money or something of value for sexual acts. This commercial transaction is what the statute aims to prohibit. Without this element of payment or compensation, the act might fall under different legal classifications. Knowing that experienced legal guidance is available can provide hope during a trying time. The nuances of the law mean that what might seem like a straightforward situation often has deeper implications that require careful legal interpretation.

Takeaway Summary: Solicitation of prostitution in Virginia focuses on the offer or attempt to exchange sex for money, affecting both parties under Va. Code § 18.2-346, emphasizing the commercial aspect and intent. (Confirmed by Law Offices Of SRIS, P.C.)

Is Solicitation of Prostitution a Felony in Virginia? Classifications and Penalties

Many assume a solicitation charge is minor, often a misdemeanor. For a first offense in Virginia, they’re typically right: it’s a Class 1 misdemeanor. Conviction can mean up to 12 months in jail, a fine up to $2,500, or both, plus a potential driver’s license suspension for up to six months. This is a significant penalty.

However, a standalone solicitation charge can quickly elevate to a felony. This isn’t just about repeat offenses, though that’s key. Understanding when a misdemeanor becomes a felony, leading to years in prison, massive fines, and a permanent criminal record, is vital for your future.

First, repeat offenses. A second offense after a prior solicitation or prostitution conviction becomes a Class 6 felony. This carries one to five years in prison, or up to 12 months in jail and/or a $2,500 fine. The felony possibility looms if you’ve been charged before. This escalation shows repeat violations are not tolerated, leading to severely increased consequences.

Second, aggravated circumstances can trigger felony charges immediately, even on a first offense. These usually involve human trafficking or soliciting an underage person. If coercion, force, or fraud was used, charges become much graver, often leading to federal charges or state felonies with lengthy prison sentences. Similarly, soliciting a minor is an extremely serious felony. Even if you believed they were an adult, you could face severe felony charges, as ignorance of age is often not a defense. These are life-altering accusations demanding immediate, seasoned legal defense.

The fallout from any conviction extends beyond jail and fines. A criminal record impacts employment, housing, and relationships. A felony conviction carries immense stigma and loss of rights: voting, firearms, professional licenses. Social consequences can be as devastating as legal penalties. It’s about what happens to your life afterward.

How to Defend Against Solicitation Charges in Virginia?

1. Seek a Confidential Case Review Immediately:

   Contact Law Offices Of SRIS, P.C. as soon as possible. Time is critical. Early legal counsel means more options. A confidential case review explains charges, assesses the prosecution’s case, and discusses defense strategies. This is vital for understanding your rights and avoiding missteps. Never speak to law enforcement without legal representation; anything you say can be used against you.

2. Understand the Prosecution’s Evidence:

   Your attorney will thoroughly review all prosecution evidence: police reports, witness statements, texts, phone records, surveillance. This can reveal weaknesses, inconsistencies, or constitutional violations during arrest. If evidence was unlawfully collected, it could be suppressed, severely weakening the case. Understanding the state’s evidence is crucial for building a robust defense.

3. Challenge the “Intent” Element:

   Prosecution must prove specific intent to exchange sex for money for a solicitation charge to stick. Without this intent, the charge fails. Your defense might argue a misunderstanding, misinterpretation of actions, or being in the wrong place without intent. Entrapment, where law enforcement induced you, is also a potential argument. Proving lack of intent requires careful fact presentation.

4. Address Constitutional Violations:

   Police must follow strict rules. If your Fourth Amendment rights against unreasonable searches or Fifth Amendment right to remain silent were violated, your attorney can move to suppress illegally obtained evidence. This includes unlawful stops, searches, or confessions without Miranda warnings. Challenging these errors can lead to charges being dismissed or reduced. A seasoned attorney will fiercely protect your rights.

5. Negotiate with the Prosecution:

   Plea negotiations are often viable, especially with strong evidence against you. Your attorney can negotiate with the prosecutor to reduce charges or secure favorable sentencing. This might involve agreeing to counseling or community service to avoid jail time or a felony. While trial is always an option, a well-negotiated plea can sometimes achieve a better, less risky outcome. Attorney experience in negotiations is invaluable.

6. Prepare for Trial:

   If a favorable plea isn’t reached, or you maintain innocence, trial preparation begins. This involves gathering favorable evidence, preparing witnesses, crafting arguments, and cross-examining prosecution witnesses. Your attorney will present your side clearly and persuasively to highlight reasonable doubt. Thorough preparation is essential for a robust defense and maximizing chances of a not-guilty verdict. Trial is serious, but proper preparation can lead to the best outcome.

7. Explore Diversion Programs or Alternative Sentencing:

   Depending on case facts and history, your attorney may explore diversion programs or alternative sentencing. These programs, if available, can allow avoiding conviction by completing requirements like counseling or education. Successful completion often leads to charges being dismissed. This path offers a chance to address underlying issues and move forward without a criminal record. It’s an important alternative to mitigate long-term impact.

Can I Avoid Jail Time for Solicitation of Prostitution in Virginia?

Facing jail time for solicitation in Virginia is a valid fear. While a first-offense misdemeanor can lead to 12 months in jail, it’s not guaranteed. Avoiding incarceration is a primary goal, and with legal strategy, it’s possible. Your chances depend on case specifics, criminal history, and defense counsel’s skill.

For first-time, non-violent offenders, Virginia courts often consider jail alternatives: probation, community service, fines, educational programs. Presenting a compelling case for a second chance and emphasizing rehabilitation is key. An experienced attorney frames your situation favorably, highlighting your character.

Prosecution’s case strength is crucial. If your attorney challenges evidence or uncovers constitutional violations, the prosecution might offer a lenient plea deal avoiding jail. This means reduced charges or dismissal. Strong defense weakens state leverage; early legal engagement pays off.

Diversion programs in some Virginia jurisdictions allow first-time offenders to have charges dismissed by completing requirements like counseling. Successful completion means no conviction, avoiding jail and a criminal record. Your attorney assesses eligibility and advocates for inclusion. These are excellent opportunities to move past the incident.

Even with likely conviction, your attorney can advocate for a suspended sentence. This means a jail sentence is imposed but not served, contingent on good behavior. Meeting conditions avoids actual jail time. Presenting future plans and commitment to rehabilitation influences a judge. Dedicated counsel improves chances of avoiding jail and minimizing impact.

Why Hire Law Offices Of SRIS, P.C. to Defend Your Solicitation Charge?

Facing a solicitation charge in Virginia brings fear of public shame, job loss, and genuine worry for your future. At Law Offices Of SRIS, P.C., we understand this emotional toll. Our approach provides clear guidance, direct communication, and a robust defense aimed at protecting your reputation and freedom.

We don’t just process cases; we defend individuals. Our seasoned legal team, led by Mr. Sris, brings extensive experience defending against serious criminal allegations across Virginia. We know Virginia’s criminal code, court procedures, and how prosecutors approach solicitation cases. This understanding allows us to anticipate challenges and build proactive defenses tailored to your situation.

Mr. Sris has represented clients since 1997. His insight:

“My focus since founding the firm in 1997 has always been directed towards personally defending the most challenging criminal and family law matters our clients face.”

Choosing Law Offices Of SRIS, P.C. means choosing a team dedicated to standing by you, fighting for your rights, and striving for the best outcome. We provide vigorous defense with unwavering commitment. We scrutinize evidence, challenge errors, and explore all defenses. Our goal is to minimize impact, whether seeking dismissal, a favorable plea, or aggressive trial defense. We protect your privacy and reduce stress with clear answers and proactive support.

Don’t let a solicitation charge define your future. Partner with a legal team that cares and has experience. Reach out for a confidential case review. Let us put our comprehensive understanding of Virginia law to work for you. You don’t have to face this alone.

Law Offices Of SRIS, P.C. is located at: 4008 Williamsburg Court, Fairfax, VA, 22032. Phone: +1-703-636-5417. Call now to discuss your legal options.

Frequently Asked Questions About Solicitation of Prostitution in Virginia

Q: What’s the main difference between solicitation and prostitution in Virginia?

A: Solicitation involves offering or requesting sexual acts for money, focusing on the “ask” or “offer.” Prostitution refers to the completion of the sexual act for money. Both are illegal under Virginia law, but the specific legal definition and evidence required for each can vary.

Q: Is a first-time solicitation charge always a misdemeanor?

A: Generally, a first offense for solicitation in Virginia is a Class 1 misdemeanor. However, specific aggravating factors, like soliciting a minor or involvement in human trafficking, can instantly elevate it to a felony charge, even for a first offense.

Q: Can I lose my driver’s license for a solicitation conviction?

A: Yes, in Virginia, a conviction for solicitation of prostitution can result in the suspension of your driver’s license for up to six months. This penalty can apply even if your vehicle wasn’t directly involved in the alleged offense.

Q: What if I was entrapped by law enforcement?

A: Entrapment can be a valid defense if law enforcement induced you to commit a crime you otherwise wouldn’t have. This defense requires proving that police persuasion, not your own predisposition, led to the alleged offense. A seasoned attorney can assess this.

Q: Does intent matter in a solicitation case?

A: Absolutely. The prosecution must prove you had the specific intent to exchange sex for money. Your defense can challenge this intent, arguing misunderstanding or misinterpretation of communications. Proving lack of intent is often a key defense strategy.

Q: What are the long-term consequences of a solicitation conviction?

A: Beyond immediate penalties, a conviction can impact employment, housing, and social standing. A felony conviction has even graver consequences, including loss of voting rights and professional licenses. A criminal record can follow you for years.

Q: Can a solicitation charge be expunged from my record?

A: In Virginia, expungement is possible only under very limited circumstances, primarily if you were found not guilty, the charge was dismissed, or a nolle prosequi was entered. A conviction generally prevents expungement. Consult an attorney about your eligibility.

Q: Should I talk to the police if I’m accused of solicitation?

A: No. You should politely decline to answer questions and immediately request a legal defense attorney. Anything you say, even if you believe it’s innocent, can be used against you. Exercise your right to remain silent.

Q: What if I didn’t actually exchange money or engage in a sexual act?

A: In Virginia, the “offer” or “attempt” to exchange sex for money is sufficient for a solicitation charge. Actual exchange or completion of the act is not required for the charge to be brought. Intent is the key element.

Q: What is the benefit of a confidential case review?

A: A confidential case review allows you to discuss your situation privately with an attorney. You’ll receive clear guidance on your legal rights, potential defenses, and strategies without any commitment. It’s a vital first step for informed decision-making.

The Law Offices Of SRIS, P.C. has locations in Virginia in Fairfax, Loudoun, Arlington, Shenandoah and Richmond. In Maryland, our location is in Rockville. In New York, we have a location in Buffalo. In New Jersey, we have a location in Tinton Falls.

Past results do not predict future outcomes.