Orange County Prostitution Lawyers
California's Legal Definition of Prostitution - Penal Code 647(b)
In California, the criminal charge of prostitution is legally defined as offering or agreeing to any lewd or sexual act for money or other considerations. These other considerations are usually good or services exchanged instead of money.
How is a Prostitution Charge Proven in OC?
Prostitution can be charged under California Penal Code 647(b) if someone is accused of:
- Soliciting prostitution
- Agreeing to engage in prostitution
- Engaging in prostitution
To secure a conviction in a prostitution case, the court will have to show:
- You requested to engage in a prostitution act with another person
- You intended to engage in a prostitution act with another person
- The other person was aware of your request for a sexual act
- You agreed to engage in prostitution with another person
- You did something to further the act of prostitution (such as exchange money)
- You engaged in a sex/lewd act for money (sex/lewd act is defined as touching another person's body for sexual arousal)
Call us today at (714) 332-6936 to discuss your case in a free case evaluation!
Who Can Face a Prostitution Charge in Orange County?
A California Penal Code 647(b) charge for prostitution can apply to anyone accused of offering, agreeing to, or engaging in a sexual or lewd act in exchange for money, goods, or services. These charges are usually brought against alleged prostitutes, "John"s who hire prostitutes, and pimps who employ prostitutes.
Legal Defenses for Penal Code 647(b)
The legal defense your OC prostitution defense attorney will use depends on the circumstances of your case. Here are the two most common legal defenses used in Penal Code 647(b) charges:
- Entrapment: in this scenario, law enforcement officials encourage a person to commit a crime when the potential criminal expressed not wanting to commit the crime. Many arrests tied to police "sting" operations can fall under an entrapment defense.
- Lack of evidence: an experienced defense attorney may be able to show that the court doesn't have enough evidence of a prostitution crime to convict. Your attorney can provide proof that evidence of a crime is either insufficient or insubstantial.
Immigration Consequences of an OC Prostitution Conviction
A criminal conviction for prostitution under California Penal Code 647(b) has some serious immigration consequences. While a prostitution conviction will not get you automatically deported, some convictions can put your immigration status in trouble.
If your Penal Code 647(b) charge is considered an "aggravated felony" by the court, you may face deportation in a conviction. Aggravated felonies are crimes serious enough to consider deporting the person accused from the country. If your Penal Code 647(b) charge is considered a "crime of moral turpitude" you may also face deportation. These crimes are those that are seen as morally inexcusable, such as paying for sex.
Penalties for a Penal Code 647(b) Conviction in Orange County
Charges under Penal Code 647(b) are usually misdemeanors. The severity of penalties for a prostitution charge will be based on the accused person's history of prior offenses. Here are the penalties you'll most likely face for a Penal Code 647(b) conviction for prostitution:
- Summary probation
- Custody time of up to 180 days (for a first offense)
- Mandatory AIDS testing and attending AIDS education courses
Contact Law Office of Michael L. Guisti
With the knowledge and experience of Law Office of Michael L. Guisti on your side, you may be able to lower or get your charges dropped. Our Irvine defense attorneys have helped many people facing these charges secure their freedom. Call us to find out how we can be there for you. Law Office of Michael L. Guisti can be reached at (888) 478-8999.
Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.