Orange County Prostitution Attorney
An arrest for a sex crime, including prostitution, is costly in many ways. Public judgment is often harsh—and in addition to fines and a potential jail sentence, it can damage your reputation, your relationship with family and friends, and even your livelihood.
Orange County, California, has seen a rise in sex crimes, particularly human trafficking. According to one report, it is now considered “the second industry behind drugs” both here and throughout the U.S. The outcry against this illegal activity has led to greater activity by the police to arrest traffickers, pimps, and prostitutes, as well as those who solicit prostitutes.
As law enforcement clamps down on suspected offenders and as district attorneys become more zealous in their prosecution, it can be all too easy to get caught up in the net. If you have been accused of or arrested for a prostitution related sex crime in Orange County, California, get help from one of the knowledgeable criminal defense attorneys at The Law Offices of Bryan R. Kazarian to make sure your rights are protected. You have the constitutional right to legal counsel. If you have been arrested for a prostitution, or a prostitution related charge, do not talk to the police, talk to us.
The Legal Definition of Prostitution in California
California Penal Code 647(b) defines the crime of prostitution as one in which a lewd or sexual act is either offered or solicited in exchange for money or anything of value. No matter who is involved in the transaction—the seller (the prostitute), the buyer (the “john”) or the “agent” (the pimp)—prostitution is an unlawful act, even if the sexual act did not happen.
How does the Prosecution Prove a Charge of Prostitution?
If you are facing a prostitution charge—whether for soliciting, agreeing to engage in prostitution or actually engaging in prostitution—the prosecution has to prove that you were involved in an act of prostitution as defined under California law beyond a reasonable doubt.
In order to be convicted for a prostitution charge, the prosecution will have to prove beyond a reasonable doubt to all jurors the following elements of the crime:
- The defendant requested that another person engage in an act of prostitution in exchange for money or something else of value
- The defendant intended to engage in an act of prostitution with the other person
- The other person received the communication containing the request
What does it Mean to Engage in an Act of Prostitution?
A person engages in an act of prostitution if he or she has sexual intercourse or does a lewd act with someone else in exchange for money or other compensation. A lewd act means touching the genitals,
buttocks, or female breast of either the prostitute or customer with some part of the other person’s body for the purpose of sexual arousal or gratification. Under the law, when a prostitute and a customer engage in sexual intercourse or lewd acts, both of them are engaged in an act of prostitution.
What does it mean to Intend to Engage in an Act of Prostitution?
In order to sustain a conviction, the prosecution has to prove that there was an intentional or willful act. In short, this means that they have to prove there was definite intent (a clear and external expression of intent) to go through with the act of prostitution. In a case where the defendant engaged in an act of prostitution, the act is evidence of the intention.
What are the Penalties for a Prostitution Conviction?
The crimes of prostitution and solicitation are misdemeanor offenses in Orange County, California. A conviction for a misdemeanor does not mean, however, that you get off with just a slap on the wrist.
Penalties are stiff, and may include:
- First offense: A fine of up to $1,000; up to six months in a county jail; probation and counseling
- Second offense: A mandatory minimum of 45 days in county jail
- Third or subsequent offense: A mandatory minimum of 90 days in county jail
Depending on the circumstances, the sentence may be enhanced—meaning that an additional punishment is added to the base punishment for a conviction of a prostitution charge. For instance, if you were in a vehicle or were within 1,000 feet of a residence at the time of the offense, you could face a driver’s license suspension for up to 30 days or a restricted driver’s license for up to six months.
Prostitution and Solicitation
In addition to jail time, fines, and any sentencing enhancement, there may be greater harm from a conviction of prostitution or solicitation. These charges do not automatically trigger sex offender registration, but the judge may exercise their discretion in the matter. Most often, the judge would order this in cases where it is deemed that it is the result of “sexual compulsion”. Moreover, a conviction for prostitution or solicitation can remain on your record and may show up on a background check typically run by employers or potential employers. This can damage your ability to get a job, hold a job, or advance in your career.
What are the Common Defenses Against a Charge of Prostitution?
If you are facing a prostitution charge in Orange County, California, your first line of defense is to seek experienced legal counsel from The Law Offices of Bryan R. Kazarian. Our Orange County prostitution attorneys will look at any evidence the police may have and determine the best course of action.
Some typical defenses against a prostitution charge include:
- There is insufficient evidence to warrant the charge
- The evidence is untrustworthy and/or unreliable
- The accusation is false
- It was entrapment; meaning the police actively induced or encouraged you to commit an offense you would not have otherwise engaged in
- Lack of intent or a case of mistaken identity
- There was no receipt of the communication containing the request for prostitution
Our lawyers know how to find holes in the prosecution’s case and craft a strategy to maintain your rights and fight the charges leveled against you.
Learn more About how we Aggressively Fight to Protect your Rights Against Prostitution Charges in Orange County, California
A conviction for solicitation and prostitution comes with more than jail sentences and fines, it comes with a stigma that could follow you for a lifetime. The attorneys at The Law Offices of Bryan R. Kazarian are skilled negotiators who have a track record of success in criminal defense cases. To learn more about how we can help you and to discuss the circumstances of your case, please call us at (855) 918-4253 or contact us online to schedule a time to talk. We have offices throughout Orange County. If you are charged with a prostitution crime, we are available 7 days a week.
EXPERIENCED. AGGRESSIVE. CAPABLE.
What Makes Our Firm Different
The criminal defense attorney you hire to represent you is one of the most important decisions you will make.
Here are the values that guide our services:
- Experienced: Our firm has over 17 years of experience, so you can feel confident you will receive quality legal counsel.
- Client-Centered: We put our clients first. Drawing on that belief, and our knowledge of criminal law, we find solutions that best meet our clients’ individual needs.
- Superior Results: Regardless the legal matter, we work tirelessly to achieve exceptional outcomes for our clients.
- Trusted Advice: To guide you through this difficult time in your life, we provide sophisticated legal advice you can trust.
17+ YEARS OF EXPERIENCE
Criminal Defense Practice Areas
“Bryan is a miracle worker, his reputation goes beyond making slim to nothing chances, almost impossible… Possible. I highly recommend Bryan for any obstacle or unfortunate bind you get yourself into. You won’t regret it…”
TUONG VY L.
“I wouldn’t be able to see these beautiful surroundings that I am experiencing now if I did not have my freedom, I owe that to you Mr. Kazarian and for that I am eternally grateful.”
M.L.
“Bryan helped me navigate a tough case, and got me the best deal we could manage all while avoiding a bunch of headache and any jail time.”
RYAN T.
