Santa Rosa, San Rafael, North Bay Prostitution Attorneys
Prostitution Charges and Penalties
Prostitution is considered to be any sexual act that is offered, accepted or performed in exchange for money. While prostitution is only considered to be a misdemeanor crime, having this charge on your record can be very damaging to your private and professional lives. If you have been charged with prostitution, contact a sex crime lawyer from our law firm today. Whether you are the person who is being paid to perform sexual acts (the “prostitute”), or the person who is paying for the sexual act (known as a “john”), you can be charged with prostitution.
Penalties for prostitution vary depending upon the circumstances of the case, and if you are a repeat offender. Some of the penalties can include the following:
- A first time prostitution charge or simply a solicitation of prostitution may be charged as a misdemeanor with up to 12 months in county jail.
- If you have a prior prostitution conviction and are arrested a second time, you may have to serve a mandatory 45 day jail term without the possibility of a jail alternative, but please speak to one of our Law Firm’s attorneys for what we can do for you.
- If you have two prior prostitution convictions, you may have to serve a 90 day mandatory jail term.
These are only basic guidelines of how prostitution cases are sentenced, but every case is different and sentencing will vary according to your particular case. That is why it is absolutely crucial that you hire an aggressive attorney who will zealously fight for your rights and freedom. If you have been arrested as the “john,” you may also be facing solicitation charges.
The Prostitution Trap – Wrong Places, Wrong Time
Cruise down many of California’s streets late at night and you are sure to see plenty of beautiful women and men. Some of these women and men are simply out for a night on the town – going to and from the many exotic bars and clubs the North Bay Area has to offer. Others, however, are part of the oldest profession in the world – prostitution. Strike up a conversation with one of these “professionals” and you could find yourself charged with solicitation of prostitution – even if you are not guilty. Due to the many undercover sting operations throughout the North Bay Area, innocent men and women are charged with this crime every year simply because they were in the wrong place at the wrong time. If convicted, offenders face stiff penalties – including jail time, immigration consequences and mandatory HIV testing.
Prostitution Attorneys Serving Santa Rosa and the entire North Bay
The Law Offices of Michael A. Fiumara recognizes that many people who are charged with prostitution may have just been in the wrong place at the wrong time, and we will aggressively defend your innocence in order to help you possibly avoid conviction. There are many viable defense strategies that can be used when being charged with prostitution, and many of them may be applicable to your case. Contact our law firm today to speak with an experienced criminal defense attorney who can help you understand your charges and what you may be up against in court.
If you have been charged with prostitution, contact our law firm today. We may be able to help you have your charges reduced or dismissed.
For a free initial consultation with an experienced Santa Rosa and North Bay criminal defense lawyer, please call us at our Santa Rosa office at 707-571-8600 or San Rafael at 415-492-4507, keeping in mind that we have two convenient centrally located offices in Sonoma and arin Counties or feel free to complete and submit our online form .
About Solicitation Charges
Solicitation is a sex crime charge that is related to prostitution. Solicitation is the charge that arises when someone is arrested soliciting another individual for a sexual activity in exchange for money. Even if the sexual act never occurs, you can still be arrested for solicitation. If you have been charged with solicitation, contact a sex crime lawyer from The Law Offices of Michael A. Fiumara. There are many viable defenses for a solicitation charge, and our experienced and aggressive sex crimes attorneys can help you determine if any of them are applicable to you and your case.
California Solicitation of Prostitution – The Laws
According to California Penal Code § 647(b), you can be convicted of solicitation of prostitution if the prosecution can prove the following:
- You agreed to engage in an act of prostitution with another person;
- You intended to engage in an act of prostitution with that person; and
- In addition to agreeing, you did something to further the commission an act of prostitution.
You are engaging in an act of prostitution if you have sexual intercourse or perform a lewd act with another person in exchange for money or other compensation. Lewd acts encompass many acts including the touching of genitals, buttocks or female breasts of either the prostitute or customer with some part of the other person’s body for the purpose of sexual arousal or gratification.
Solicitation of Prostitution – The Penalties
In the State of California, solicitation of prostitution is a misdemeanor offense. If convicted you can face the following penalties:
- Up to six months in jail
- Up to $1,000 fine
- Severe Immigration consequences since this offense qualifies as a crime of moral turpitude (CMT).
- Lengthy probationary period
- Mandatory HIV testing and or classes / education
- Strict probation conditions like search and seizure
In addition to the legal penalties you may face, solicitation of prostitution charges can bring unnecessary social embarrassment and relationship difficulties. As such, you will need an aggressive defense to avoid being haunted by the stigma of soliciting a prostitute throughout your life.
The Offices of Michael A. Fiumara has found that many of our clients charged with solicitation were simply in the wrong place at the wrong time. A simple misinterpretation can result in a solicitation charge that is meritless and unfounded. In addition, we have uncovered cases of entrapment, where law enforcement officials set up an undercover operation, and as a result, innocent people are “swept-up” and arrested! It is our goal as experienced sex crime lawyers to help our clients avoid the harsh penalties that attach to sex crime convictions. Being convicted of solicitation can cost you thousands of dollars or more in fines, and time in prison. Further, you may be forced to register as a sex offender, which will have detrimental effects on your future. Being on the sex offender registry may make it difficult to get a job in the future, and will preclude you from living or working in certain areas. Hiring an experienced criminal defense attorney to help with your case may be your best hope of avoiding conviction.
Solicitation of Prostitution – The Many Defenses You May Need
- Our Law firm has handled numerous sex crime cases over the years, and we have seen firsthand how devastating a sex crime conviction can be. If you become a registered sex offender, you may lose custody of your children as well as lose your job. It is our upmost objective to help our clients minimize the damage that is done to their lives and reputations through an aggressive defense that may result in reduced or dropped charges. Sometime an outright acquittal is the result, but that will be dependant upon many factors, and there is never a guarantee that a jury will acquit a defendant.
- If you have been charged with solicitation of prostitution, you need an aggressive criminal defense attorney with experience defending these cases. In order to beat these charges, as your defense attorney we must poke holes throughout the prosecution’s case against you. To do this, the defense attorneys at The Law Offices of Michael A. Fiumara will investigate the incident from every angle.
- Unfortunately, prostitutes are not always upfront about their services. In many situations, the request for money comes after the sexual experience, leaving you in a vulnerable and awkward position. This situation is not uncommon in massage parlors across the North Bay Area. If this happened to you, you may NOT be guilty of solicitation of prostitution since you were not aware you were soliciting a prostitute.
- Another legal defense that may be used is entrapment. The North Bay criminal defense attorneys at the Law Offices of Michael A. Fiumara will never overlook the possibility that you were simply in the wrong place at the wrong time. Undercover sting operations designed to “trap” unsuspecting Johns are often performed illegally. As such, your defense attorney will be able to argue that you were unfairly lured into the offense and otherwise “entrapped” by the cops.
These are just a few of the many defenses your defense lawyer can use to win your case. The North Bay criminal defense attorneys at The Law Offices of Michael A. Fiumara will always fight to have your charges reduced to lesser offenses such as disturbing the peace or lewd conduct. In addition, while you are charged with solicitation of prostitution, every attempt is made to keep your situation private-so you can avoid unnecessary embarrassment and publicity. Don’t let a solicitation of prostitution charge destroy your life and your reputation. Contact the North Bay, Santa Rosa and San Rafael criminal defense team of The Law Offices of Michael A. Fiumara and begin fighting these incriminating allegations against you!
For more information about defending a solicitation of prostitution charge, contact The Law Offices of Michael A. Fiumara criminal defense lawyers concerning your case today. Please call us at our Santa Rosa office at 707-571-8600 or San Rafael at 415-492-4507, keeping in mind that we have two convenient centrally located offices in Soma and Man Counties or feel free to complete and submit our online form.
We are available 24/7. Our operations will connect you to one of our attorneys, nights and weekends!