Visalia & Fresno Prostitution Defense Attorneys
Call (559) 377-7319 for Award-Winning Defense
Prostitution is a violation under California Penal Code section 647(b). This act involves two or more people: the one soliciting, and the prostitute offering sexual services. California law criminalizes both parties, as well as those arrested while loitering with the intention of prostitution or solicitation.
To learn more about your charge, contact our prostitution defense lawyers in Visalia and Fresno. The Law Offices of Christopher Martens works hard to protect your rights.
California Prostitution Charges
The crime of prostitution has a broad definition under California law. It includes a lewd act or sexual intercourse that involves physical contact between the genitals, female breasts, or buttocks of the prostitute with a body part of the alleged customer for the purposes of arousal or sexual gratification. The act occurred with the express exchange of money or something of value.
Prosecutors must prove the following in solicitation cases:
- The defendant asked another to engage in a sexual act for money;
- The defendant engaged in, or intended to engage in the act; and
- This was communicated to the alleged prostitute.
To prove guilt in a loitering case, prosecution must prove the following:
- The defendant was found lingering in public unlawfully; and
- He or she intended to commit an act of prostitution.
Proving one was guilty of engaging in an act of prostitution requires proof that:
- The defendant agreed to the act;
- There was intent; and
- Commission of the act occurred (i.e. money was exchanged)
Potential Defense Strategies
Our Visalia prostitution defense attorneys can challenge the intention behind the acts that occurred. Because clear intent is required, communication of the solicitation should be evident. The defendant must have knowingly acted with the intent to engage a prostitute at the exact time they were arrested for the offense. Therefore, reputation alone does not merit guilt, although the alleged prostitute maybe convicted if they were found waiting in a public space with the intent of being solicited.
Solicitation, prostitution, and loitering with intent are all considered misdemeanor offenses which are punished by 6 months of jail time and a $1,000 fine. California law also contains enhancements for repeat offenders, which include 45 days or 90 days in county jail for a second or third conviction.
Retain the Law Offices of Christopher Martens for Your Defense
When you’ve been arrested or accused, contact a respected attorney to handle your case. Whether your case proceeds to trial, or if we are able to negotiate out of court, our legal team will investigate your situation and devise a legal solution that protects your rights and reputation.
Call (559) 377-7319 or contact our firm online.
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