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Prostitution is against the law in California – and so is soliciting someone else to engage in prostitution. If you have been accused of either crime, it is essential that you speak to a criminal defense lawyer in Los Angeles as soon as you can. A prostitution or solicitation of prostitution conviction can result in extremely serious legal penalties – including the requirement that you register as a sex offender with the state of California. Other penalties for crimes related to prostitution can include:
Fortunately, in many instances, the representation of a lawyer can help you avoid the most severe penalties associated with these crimes and may even result in prosecution dropping its case against you entirely.
At the Law Office of David S. Chesley, we are committed to providing aggressive and solution-oriented criminal defense services to people accused of prostitution, solicitation of prostitution, and a variety of other serious crimes. We know what it takes to obtain a positive result and are never afraid to take a case to trial if it is in the best interest of our client. To schedule your free consultation with a Los Angeles prostitution defense attorney, call our office today at 800-755-5174 or send us an email through our online contact form.
California penal code 647(b) criminalizes three distinct acts related to prostitution, which are detailed below.
In California, a person is guilty of prostitution if he or she engaged in a "lewd act" in exchange for money or some other form of compensation. A lewd act is an act that involves touching the genitals, buttocks, or female breasts of another person with the specific intent to arouse or gratify someone sexually. Both prostitutes and customers can engage in prostitution.
Solicitation of prostitution occurs when an individual request that another person engage in an act of prostitution and that the requesting individual actually intends to engage in the act. In order to obtain a conviction, the prosecution must prove the intent element. This is often accomplished by introducing evidence that the person accused of solicitation showed other person cash, drugs, or something else of value. Again, both customers and prostitutes can commit the offense of solicitation of prostitution.
Finally, 647(b) prohibits agreeing to an act of prostitution. In order to convict a person of this offense, the prosecution must show that the individual agreed to engage in an act of prostitution, he or she intended to engage in an act of prostitution, and that he or she engaged in some act to further the commission of an act of prostitution. Both customers and prostitutes can agree to engage in an act of prostitution.
California Penal Code 266(h) prohibits pimping. Pimping is defined as knowingly receiving financial support of maintenance for a prostitute or receiving or attempting to receive compensation for helping a prostitute find customers.
On the other hand, California Penal Code 266(i) prohibits pandering, which occurs when someone:
Anyone who assists another person to commit an act of prostitution may be accused of Supervising or Aiding a Prostitute under PC 653.23. Some examples of actions that would likely fall within this category include:
The penalties for supervising or aiding a prostitute are the same as solicitation or prostitution.
For a first prostitution offense, under PC 647(b), you can be sentenced to
Importantly, under California law, prostitution is a priorable offense, which means that the penalties to which you are exposed can become much more severe with each subsequent offense. A second prostitution offense can result in a mandatory minimum of 45 days in jail, and a third offense will land you in the county jail for at least 90 days.
When a car is involved and prostitution occurs in a residential area, a judge can impose additional penalties. Specifically, the court may suspend a person’s driver’s license for 30 days and issue a restrict license for six months, allowing the defendant to get to work or school. It is important to keep in mind that local governments can impose additional penalties as well, such as the seizure for vehicle through asset forfeiture.
Importantly, the collateral consequences of a prostitution conviction can often have a more significant effect on your life than any sentence imposed by the court. Collateral consequences are those that are imposed by other parties based on the existence and content of your criminal record. Because a criminal record is permanent (provided it is not expunged or sealed), a prostitution conviction can affect you for years after any sentence imposed by the court has ended. Some of the potential collateral consequences of a prostitution conviction can include the following:
Fortunately, there are often defenses available in prostitution cases. It can be difficult to know whether they apply without significant legal training, however, so you should always have your case reviewed by an experienced attorney before deciding to plead guilty. Here are some of the more common defenses raised in prostitution cases:
It is important to keep in mind that many prostitution cases are resolved through the plea bargain process. This involves the defendant pleading guilty in return for a more lenient sentence or reduced charges. Many of these charge reductions allow a defendant to plead guilty to an offense that doesn’t carry the sexual stigma associated with prostitution, helping them avoid the ongoing collateral consequences discussed above. Importantly, negotiating a plea bargain is a complicated legal process, so it is crucial for anyone considering one to retain an experienced Los Angeles criminal defense lawyer to represent them immediately. Some of the charges to which a prostitution charge can be reduced to include the following:
If you have been accused of prostitution or soliciting prostitution in California, you need to retain an experienced Los Angeles criminal defense lawyer as soon as you can. At the Law Office of David S. Chesley, we understand how serious these charges can be and do everything we can to bring each case we take to a successful resolution. We have over 50 years of experience in the courtroom and will review the facts of your case at no cost to you. To schedule your free case evaluation with a criminal defense lawyer in California, call our office today at 800-755-5174 or send us an email through our online contact form.
According to the Penal Code 647(b), any person who solicits accepts to engage in or engages in any act of prostitution in return to receive money or anything of value from the other person commits the crime of disorderly conduct.
Soliciting or engaging in lewd acts in public place or a place in public view is a crime in California and the deviants are dealt harshly with punishments including jail time and monetary fines.
Rape is one of the worst crime, and a citation for rape means that you are in the row for severe punishments. California has one of the strictest stances against rape and severely punishes the victim.
Child molestation laws are one of the strictest criminal laws in California and carry prison sentences for convicts.
If you have been convicted of a sex crime in California, you are required to register yourself as a sex offender even after completing your sentence.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!
Rodrigo L. San Fernando, CA (Sherman Oaks Yelp Review)
I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Ricardo Esteves Los Angeles, CA (Los Angeles Google Places Review)
I left court yesterday with my last case being wrapped up. Two court appearances and that's it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Erica Geller Ontario, CA (Ontario Facebook review)
My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Elizabeth F. San Diego, CA (San Diego Google Places Review)
I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Leon Hanley Los Angeles, CA (Los Angeles Avvo review)
I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Britanny Givens Newport Beach, CA (Newport Beach Google Places)
I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David's knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn't charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Andrew A. North Hollywood, CA (Better Business Bureau review)
David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David's services again in the future.