Managing Attorney
Can a Solicitation of Prostitution Charge Be Reduced in Texas?
Understanding Solicitation of Prostitution Charges in Texas
In Texas, solicitation of prostitution is now classified as a felony offense. Under Texas Penal Code § 43.021, a person commits solicitation of prostitution by offering to pay, or agreeing to pay, another person for sexual conduct. Even if no money is exchanged and no sex act occurs, the mere offer or agreement is enough for a felony charge.
A first conviction for solicitation of prostitution is classified as a state jail felony, punishable by 6 months to 2 years in a state jail facility and up to a $10,000 fine. If a person has a prior prostitution or solicitation conviction, the charge can be enhanced to a third-degree felony, carrying 2 to 10 years in prison. The consequences of a felony conviction—including damage to reputation, employment restrictions, immigration consequences, and difficulty with housing—can be devastating.
If you are facing a solicitation of prostitution charge in Houston or anywhere in Texas, it is critical to consult an experienced Houston prostitution defense attorney as early as possible to explore ways to reduce or dismiss the case.
How Solicitation of Prostitution Charges Can Be Reduced
While solicitation of prostitution is now charged as a felony, there are two main ways a charge might be reduced to minimize the impact on your life:
1. Punishment Reduction Under Texas Penal Code §12.44(b)
Under Texas Penal Code §12.44(b), a defendant can plead guilty to a felony, but receive punishment assessed at the misdemeanor level. Specifically, the sentence would be the same as for a Class A misdemeanor: up to one year in county jail and a maximum $4,000 fine.
Important:
- The conviction still remains a felony for legal purposes, including future enhancements and some immigration consequences.
- However, the punishment is lighter, and the defendant serves time in county jail instead of state jail or prison.
A Houston prostitution defense attorney can negotiate for a 12.44(b) reduction by presenting evidence of mitigating factors, such as no prior criminal record, strong employment history, or rehabilitation efforts.
2. Charge Reduction to Attempted Solicitation of Prostitution
Another potential strategy is to reduce the charge to attempted solicitation of prostitution. Under Texas law, an attempt to commit a crime is typically classified one degree lower than the completed offense.
Thus, if solicitation is a state jail felony, attempted solicitation would be a Class A misdemeanor.
Unlike a 12.44(b) reduction, a plea to attempted solicitation results in an actual misdemeanor conviction, which avoids the felony label entirely.
Advantages of Reducing a Solicitation of Prostitution Charge
Whether your charge is reduced under §12.44(b) or by pleading to an attempt, both options offer major benefits:
- Reduced punishment: Serving time in county jail instead of state jail or prison.
- Shorter waiting periods to seal the record:
- For misdemeanor deferred adjudication, you may be eligible for nondisclosure immediately after probation (assuming no family violence finding).
- For felony deferred adjudication, a five-year waiting period applies.
- Less severe immigration consequences: Felony convictions generally have harsher immigration impacts than misdemeanors.
- Avoidance of felony probation: Misdemeanor probation conditions are typically less burdensome than felony supervision.
- Minimized damage to employment prospects and reputation.
Although a reduction does not automatically erase the charge from your record, it can greatly limit the long-term consequences and make record sealing more accessible.
Advantages of Getting a Solicitation of Prostitution Charge Reduced
Getting a solicitation of prostitution charge reduced from a felony to a misdemeanor provides enormous benefits:
- Avoiding a felony record: A felony conviction carries lifelong consequences, including loss of voting rights, firearm rights, and serious employment limitations.
- Shorter waiting periods for record sealing:
- For a misdemeanor deferred adjudication, you may be eligible to petition for non-disclosure immediately after completing probation (if no affirmative finding of family violence).
- For a felony deferred adjudication, you must wait five years after completing probation before seeking non-disclosure.
- Less severe penalties: Misdemeanor probation conditions are generally less restrictive than felony probation.
- Better immigration consequences: Felony convictions have far greater immigration consequences, including risk of deportation or denial of naturalization.
If you are facing a solicitation of prostitution charge in Houston, working with a skilled Houston solicitation of prostitution attorney to pursue a charge reduction can have a major positive impact on your future.
How to Improve Your Chances of Getting a Charge Reduced
Although prosecutors legally have the authority to reduce a felony charge to a misdemeanor, they are often reluctant to do so—especially in sensitive cases like solicitation of prostitution.
To convince a prosecutor to offer a reduction, it is often necessary to present a mitigation packet demonstrating why the defendant deserves leniency. A mitigation packet typically includes:
- Character Reference Letters: Letters from employers, family members, friends, clergy, or community leaders vouching for the defendant’s character and reputation.
- Proof of Employment or Community Involvement: Evidence of steady work history, volunteer activities, or other contributions to the community.
- Letter of Remorse: A thoughtful, sincere letter from the defendant taking responsibility (without admitting legal guilt) and explaining how they have taken steps to address the situation and avoid future issues.
- Proof of Counseling or Education: Completion of counseling programs, therapy, or educational courses related to decision-making or healthy relationships can demonstrate rehabilitation.
- Certificates of Achievement: Any awards, recognitions, or certificates that show a commitment to personal growth and responsibility.
It is strongly recommended that you work with an experienced Houston prostitution defense lawyer before putting together a mitigation packet. An attorney can help you avoid mistakes, ensure the materials are professionally presented, and tailor the packet to what prosecutors in the specific court are likely to respond to.
In many cases, a well-prepared mitigation packet can make the difference between a felony conviction and a misdemeanor resolution.
Conclusion
While solicitation of prostitution is now a felony in Texas, it is sometimes possible to negotiate a reduction to a misdemeanor through 12.44(b) or by pleading to an attempt charge. Securing a misdemeanor outcome can significantly limit the long-term impact on your life, career, and reputation.
However, reductions are not automatic. They often require careful legal strategy, strong advocacy, and the presentation of compelling mitigation evidence. If you are facing a solicitation of prostitution charge in Houston, it is critical to consult an experienced Houston prostitution defense attorney as early as possible.
At Ceja Law Firm, we have extensive experience defending clients accused of solicitation of prostitution and fighting for the best possible outcomes. We regularly obtain dismissals and reduction of solicitation of prostitution charges throughout the Houston area. Contact us today for a confidential consultation.
