Finding yourself accused of solicitation of prostitution in Virginia can be a frightening and confusing experience. The legal system can seem overwhelming, and the potential consequences of such a charge can weigh heavily on your mind. It’s natural to feel anxious, but understanding the specifics of the law and knowing your options is the first step towards a clearer path.

As of October 2025, in Virginia, solicitation of prostitution is generally classified as a misdemeanor, not a felony. However, there are circumstances where the charge can be elevated to a felony offense. It’s crucial to understand these distinctions because the penalties for a felony conviction are significantly more severe than those for a misdemeanor. Don’t let uncertainty add to your stress; let’s break down what this means for you.

Blunt Truth: While often a misdemeanor, certain aggravating factors can quickly turn a solicitation charge into a felony, dramatically increasing the stakes.

What is Solicitation of Prostitution in Virginia?

In Virginia, the legal definition of solicitation of prostitution involves offering or agreeing to engage in sexual intercourse, cunnilingus, fellatio, anilingus, or any other sexual act for money or other valuable consideration. This applies whether you are the person offering or receiving the sexual act. The law is broad and can encompass various scenarios, not just direct physical encounters.

It’s easy to misunderstand how the law defines these acts, especially with online interactions blurring the lines. The key element is the agreement for a sexual act in exchange for something of value. Even if the act doesn’t occur, the agreement itself can be enough for a charge. It’s essential to recognize that the prosecution doesn’t always need direct proof of money changing hands. Circumstantial evidence or digital communications can be used to build a case.

Mr. Sris, Founder, CEO & Principal Attorney at Law Offices of SRIS, P.C. often shares, “My focus since founding the firm in 1997 has always been directed towards personally handling the most challenging and complex criminal and family law matters our clients face. Cases like solicitation, especially when facing felony implications, require a strategic and thorough defense.”

When Does Solicitation Become a Felony?

While a first offense of solicitation of prostitution is typically a Class 1 misdemeanor in Virginia, certain aggravating factors can elevate the charge to a felony. These factors often relate to the age of the individuals involved, prior convictions, or the use of force or coercion.

• Prior Convictions: If you have previous convictions for prostitution or solicitation, a new charge can be enhanced to a felony. Repeated offenses signal a pattern that the legal system takes more seriously, aiming for tougher penalties to deter recidivism.
• Involving Minors: Perhaps the most serious aggravating factor is when the solicitation involves a minor. Any interaction related to prostitution with someone under the age of 18 can lead to severe felony charges, often carrying mandatory minimum sentences and registration as a sex offender. This is a crucial distinction that can drastically alter the outcome of your case.
• Human Trafficking: If the solicitation is linked to human trafficking, where individuals are coerced or forced into prostitution, the charges will undoubtedly be felonies, with extremely harsh penalties at both state and federal levels.
• Using the Internet or Technology: While not automatically a felony, the use of the internet or other electronic means to solicit a minor can lead to federal charges, which are almost always felonies and carry significant federal prison sentences.

Understanding these specific scenarios is vital. What might seem like a minor mistake can quickly escalate into a life-altering felony charge, impacting your freedom, your family, and your future. Seeking immediate legal counsel is imperative if any of these aggravating factors apply to your situation.

Potential Penalties for a Felony Solicitation Charge in Virginia

The penalties for a felony solicitation charge in Virginia are severe and can have long-lasting effects on your life. Unlike a misdemeanor, which might involve fines and a shorter jail sentence, a felony conviction can result in:

• Significant Prison Time: Felony convictions for solicitation can lead to years, or even decades, in state prison, depending on the specific aggravating factors and the classification of the felony.
• Substantial Fines: Fines for felony offenses can range from thousands to tens of thousands of dollars, adding a significant financial burden to your legal troubles.
• Sex Offender Registration: If the felony involves a minor or certain other sexual offenses, you will likely be required to register as a sex offender. This public registration carries a profound social stigma and can impact where you can live, work, and interact within the community for the rest of your life.
• Loss of Rights: A felony conviction can result in the loss of fundamental rights, such as the right to vote, own firearms, and hold certain professional licenses.
• Immigration Consequences: For non-citizens, a felony conviction can lead to deportation or inadmissibility to the United States.

These are not just theoretical consequences; they are real threats that can dismantle your life. The collateral damage extends far beyond the courtroom, affecting your employment prospects, housing options, and personal relationships. Mr. Sris emphasizes, “As someone deeply involved in the community, I believe it’s important to not only practice law but also to actively participate in shaping it. This commitment extends to defending our clients with unwavering dedication against charges that could drastically alter their lives.”

The Importance of Legal Representation

Given the serious nature of solicitation charges, especially when they carry felony implications, having knowledgeable and experienced legal representation is absolutely critical. An attorney can help you navigate the complexities of the legal system and build a robust defense strategy.

How Counsel at Law Offices of SRIS, P.C. Can Help:

• Case Evaluation: A seasoned attorney will meticulously review the details of your arrest, the evidence against you, and the circumstances surrounding the alleged incident to identify any weaknesses in the prosecution’s case.
• Protecting Your Rights: Your attorney will ensure your constitutional rights are protected throughout the legal process, from initial questioning to trial. This includes challenging unlawful searches or seizures and ensuring proper procedures were followed.
• Negotiation with Prosecutors: An attorney can negotiate with prosecutors for reduced charges, alternative sentencing, or even dismissal of the case if the evidence is weak or your rights were violated.
• Courtroom Advocacy: Should your case go to trial, your attorney will represent you in court, presenting evidence, cross-examining witnesses, and arguing on your behalf to achieve the best possible outcome.
• Mitigating Consequences: Even if a conviction is unavoidable, an attorney can work to mitigate the penalties, arguing for lighter sentences, probation, or alternatives to incarceration.

Mr. Sris also notes, “I find my background in accounting and information management provides a unique advantage when handling the intricate financial and technological aspects inherent in many modern legal cases.” This insight is particularly relevant in solicitation cases that often involve digital evidence and communication records.

Defenses Against Solicitation Charges

Every case is unique, and a skilled attorney will tailor a defense strategy specific to your situation. Some common defenses against solicitation charges include:

• Lack of Intent: Proving that you did not have the intent to engage in a sexual act for money or other valuable consideration can be a powerful defense. Misunderstandings, misinterpretations of communication, or simply being in the wrong place at the wrong time can all be argued.
• Mistaken Identity: If you were wrongly identified as the person who committed the alleged act, your attorney can work to present evidence that clears your name. This could involve alibi evidence, witness testimony, or challenging the reliability of identification methods.
• Entrapment: This defense argues that law enforcement induced you to commit a crime you would not have otherwise committed. If police tactics went beyond merely providing an opportunity and actively pressured or persuaded you into the act, entrapment might be a viable defense.
• Insufficient Evidence: The prosecution has the burden of proof. If there isn’t enough credible evidence to prove beyond a reasonable doubt that you committed the crime, the charges may be dismissed or you could be acquitted.
• Violation of Rights: If law enforcement violated your constitutional rights during the investigation or arrest, any evidence obtained through those violations may be suppressed, potentially weakening the prosecution’s case significantly.

It’s important to remember that successfully asserting these defenses requires a deep understanding of legal procedures and compelling presentation of facts. Don’t try to navigate this alone; the stakes are simply too high.

Understanding the Court Process

The legal process for a solicitation charge in Virginia typically involves several stages. Knowing what to expect can help ease some of the anxiety and prepare you for the journey ahead.

1. Arrest and Booking: If you are caught in the act or identified later, you’ll be arrested, taken to a police station, processed, and likely held until a bond hearing.
2. Initial Appearance/Bond Hearing: This is your first court appearance, where a judge will inform you of the charges and set bail. Your attorney will argue for the lowest possible bail or release on your own recognizance.
3. Preliminary Hearing (for felonies): If charged with a felony, a preliminary hearing will determine if there’s enough evidence to send your case to a grand jury.
4. Grand Jury Indictment (for felonies): A grand jury will review the evidence to decide if there’s probable cause to formally indict you, leading to felony charges.
5. Arraignment: At this stage, you’ll formally enter a plea (guilty, not guilty, or no contest). Your attorney will advise you on the best plea to enter based on your case.
6. Discovery: Both the prosecution and defense exchange information and evidence. This is where your attorney gathers all the necessary details to build your defense.
7. Motions: Your attorney may file various motions, such as motions to suppress evidence if your rights were violated, or motions to dismiss certain charges.
8. Plea Bargaining: Your attorney will engage in negotiations with the prosecutor to try and reach a plea agreement that could involve reduced charges or a lighter sentence.
9. Trial: If no plea agreement is reached, your case will proceed to trial, where evidence is presented, witnesses are called, and a judge or jury determines your guilt or innocence.
10. Sentencing: If convicted, the court will determine your sentence based on the severity of the crime, your criminal history, and other factors.

Each step presents an opportunity for your legal team to advocate on your behalf. Don’t underestimate the importance of experienced guidance through this intricate process.

Case Results: Experience Matters

While past results do not predict future outcomes, it’s reassuring to know that Law Offices of SRIS, P.C. has a track record of successfully representing clients in challenging situations. Our firm understands the intricacies of Virginia law and works tirelessly to protect our clients’ interests.

We’ve handled cases in Fairfax County General District Court where charges like “Solicitation Of Prostitution” were amended to “Visit a Bawdy Place.” This demonstrates our commitment to finding the most favorable outcomes, even when facing serious accusations. Our experienced team works to mitigate the impact on our clients’ lives whenever possible, aiming for reductions in charges or other beneficial resolutions.

Getting Help: Confidential Case Review

If you’re facing a solicitation charge in Virginia, whether it’s a misdemeanor or a felony, the uncertainty can be overwhelming. The best course of action is to seek immediate legal counsel. Law Offices of SRIS, P.C. offers a confidential case review to discuss your situation, explain your legal options, and help you understand the potential outcomes.

Remember, acting quickly can make a significant difference in the trajectory of your case. Protect your rights and your future by contacting our knowledgeable and seasoned team today. Our commitment is to provide direct, empathetic, and reassuring legal representation throughout this challenging time.

Law Offices of SRIS, P.C. has locations in Fairfax. Our Fairfax office is located at 4008 Williamsburg Court, Fairfax, VA 22032. You can reach us by telephone at +1-703-636-5417.

Past results do not predict future outcomes.