Solicitation Criminal Defense Attorney in Fresno

Nearly Three Decades of Defense Experience. Never Once for the Prosecution.

A solicitation charge under California Penal Code 647(b) moves fast. Before any conviction, the charge alone can damage employment, professional licenses, and personal relationships. The Fresno County District Attorney’s Office prosecutes these cases aggressively, and what happens in the earliest stages, including what you say and when you get an attorney, shapes everything that follows. Schweitzer & Davidian is a Fresno-based criminal defense firm with nearly three decades of combined trial experience. We’ve defended clients against state and federal prosecutors since the firm’s founding, and we’ve never worked for the prosecution side.

We accept only cases where we believe we have a fair chance of success. That means when we take your case, you get real attention, not a volume approach. Consultations are free, and we offer bilingual services for Spanish-speaking clients.

If you’ve been arrested or charged with solicitation in Fresno, contact Schweitzer & Davidian now at (559) 206-2322 before speaking with law enforcement. The earlier we get involved, the more options may be available to you.

What California Law Says About Solicitation

California Penal Code 647(b) makes it a crime to solicit, agree to engage in, or engage in an act of prostitution. Solicitation means communicating, through words or conduct, an offer or request to engage in a sex act in exchange for money or anything of value. The prosecution must prove three things: that a solicitation occurred, that the defendant had specific intent to engage in prostitution, and that the defendant committed some act in furtherance of that intent beyond simply agreeing.

No money needs to change hands. No sex act needs to take place. The solicitation itself plus an act in furtherance is enough for a conviction under current California law. Many Fresno arrests stem from undercover prostitution sting operations in which a law enforcement officer poses as a sex worker or as a potential buyer. Charges can also arise from phone or online communication, not only in-person contact.

Penalties for a Solicitation Conviction in California

A first-offense conviction under PC 647(b) is a misdemeanor carrying up to six months in county jail and a fine of up to $1,000. California treats this as a priorable offense, meaning penalties increase with prior convictions. A second conviction triggers a mandatory minimum of 45 days in jail; a third or subsequent conviction carries a mandatory minimum of 90 days.

Additional consequences California courts may impose include:

• Soliciting a minor: When the defendant is 18 or older and knew or should have known the person solicited was a minor, the penalties increase significantly. If the minor was under 16 or more than three years younger than the defendant, the offense becomes a wobbler: it can be charged as a misdemeanor carrying up to one year in county jail and a fine of up to $10,000, or as a felony with a state prison sentence. A second or subsequent violation is charged as a felony.
• Vehicle-related penalty: If the offense occurred in a vehicle within 1,000 feet of a residential structure, the court may suspend your driver’s license for up to 30 days or restrict it for up to six months.
• Probation conditions: Courts may impose HIV testing, AIDS education requirements, and geographic restrictions near known sting areas.
• Sex offender registration: Sex offender registration under Penal Code 290 isn’t automatic for a standard PC 647(b) solicitation conviction, though a court can impose it in limited circumstances. Registration isn’t guaranteed, but it is a possibility in some cases.
• Collateral consequences: Non-citizens face potential immigration jeopardy. Licensed professionals risk disciplinary action from their licensing boards. Reputational harm can occur before any conviction.

How Solicitation Cases Move Through Fresno County

After an arrest, law enforcement forwards the case to the Fresno County District Attorney’s Office, which decides how aggressively to pursue charges based on the available evidence. Cases proceed through Fresno County Superior Court, moving from arraignment through bail hearings and pretrial motions before any trial date is set.

Fresno County Superior Court does offer diversion programs in certain circumstances that may substitute for or reduce criminal penalties. Eligibility depends on the specific facts of the case and the defendant’s prior record. The earlier an attorney is involved, the more opportunities there may be to explore those options or challenge the prosecution’s case before it hardens.

Defense Strategies in PC 647(b) Cases

Solicitation cases often turn on narrow legal questions: whether genuine intent existed, whether the evidence of an overt act is sufficient, or whether law enforcement crossed a line in how they conducted the investigation. Every defense begins with the specific facts of how the arrest happened and what the prosecution actually has.

Common defenses we examine include:

• Lack of intent: PC 647(b) requires specific intent to engage in prostitution. If that intent wasn’t present, the charge may not hold regardless of what was communicated.
• Entrapment: When law enforcement or their agents used overbearing conduct or repeated pressure that a law-abiding person would have found difficult to resist, entrapment may be a valid defense.
• Insufficient overt act: A conviction requires an act in furtherance beyond simply agreeing. If no such act occurred, the charge may not survive challenge.
• Constitutional violations: Eric Schweitzer has extensive knowledge of laws governing illegal searches and seizures. If evidence was gathered in violation of your constitutional rights, we pursue suppression before anything else.
• Ambiguity of communication: Whether what was said or done actually constituted a genuine solicitation or was simply ambiguous conversation can be contested at trial.

We look beyond the police report. Sting operation records, communications logs, and the conduct of law enforcement during the investigation all get examined for inconsistencies. When trial is in a client’s best interest, we go to trial.

Why Fresno Solicitation Defendants Choose Schweitzer & Davidian

Eric Schweitzer and Annie Davidian handle cases personally. Before becoming a criminal defense attorney, Annie Davidian worked as an investigator in a public defender’s office, giving her a direct understanding of how the state builds and prosecutes charges. That experience informs how we challenge them. Neither founder has ever worked for the prosecution. Our strategy has always been built around one objective: defending the client.

We maintain direct communication with every client throughout the case. You’re involved in the key decisions, not kept at a distance. Our caseload is selective by design, which means every solicitation defense client gets the focused attention the charge demands. Many of our cases come through referrals from other attorneys, which reflects how we’re regarded in the Fresno legal community. We serve clients throughout Fresno County from offices in Fresno, Clovis, and Visalia.

Speak with a Solicitation Criminal Lawyer in Fresno Today

The window after an arrest is an important time in your case. What you say, and to whom, affects every stage that follows. A free consultation can give you a clear picture of your situation and the options available before you make any decisions. We’ll tell you honestly whether we think we can help, and if we take your case, we can build a defense based on the facts and circumstances involved.

Reach our Fresno defense attorneys by phone or through our online contact form. Call Schweitzer & Davidian now at (559) 206-2322.