Prostitution Lawyer in Santa Ana

The legalization of prostitution has been a controversial and much-debated topic for a while, but selling and buying sexual activities are currently both illegal in California. A conviction for prostitution or solicitation charges can lead to jail time, a restricted license, and hefty legal fines.

If you have been charged with either of these crimes in Santa Ana or Orange County, you need a skilled defense attorney on your side. Contact the Law Office of Sheny Gutierrez to schedule a free consultation.

Prostitution and Solicitation in Orange County

California Penal Code 647b defines prostitution as sexual intercourse or lewd acts in exchange for compensation. It also outlines certain acts of prostitution that are considered illegal, and they are engaging in prostitution, soliciting prostitution, and agreeing to engage in prostitution.

In order to meet the criteria for engaging in prostitution, you must have willfully participated in a lewd or sexual act with someone else in exchange for money or compensation. A lewd act is an offense that involves touching your own or someone else’s body for sexual gratification despite this behavior offending others who are present.

Soliciting prostitution requires that you ask someone to participate in an act of prostitution with the intent to perform that act with the person. Generally speaking, if you approach someone and offer them money or compensation in exchange for sexual acts, that could be considered solicitation.

You cannot be rightfully charged with these crimes for simply standing at the corner of the street, being in an area known for prostitution, or speaking to a stranger on a sidewalk. In order to commit prostitution, there must be an intent to engage in the prostitution act.

Penalties for prostitution and solicitation charges are based on a number of factors, including specific intent and various other considerations.

Building a Defense Against Prostitution Charges

Prostitution and solicitation are misdemeanors in California, and penalties vary depending on prior offenses. For first-time offenders, a prostitution conviction can carry penalties of up to six months in county jail and up to $1,000 in fines. Penalties increase with subsequent offenses, and a second conviction carries a mandatory minimum of 45 days in county jail, with a third leading to a minimum of 90 days in jail.

Additional penalties can include a driver’s license suspension of 30 days and additional fines. Sex crimes often result in required registration as a sex offender, but neither prostitution nor solicitation carries that requirement.

Solid defense strategies against these charges can minimize the penalties and lead to a more favorable outcome. You and your defense attorney may be able to prove that your prostitution charge was a result of an undercover police officer entrapping you. It could be that the prosecution doesn’t have enough evidence to secure a conviction. False accusations and a lack of intent could also be part of a strong defense.

The Law Office of Sheny Gutierrez in Santa Ana has over 15 years of experience and will skillfully build a defense strategy for your prostitution case. Our criminal defense lawyer understands how to navigate criminal charges involving sexual activity and knows the legal defenses that are most effective against prostitution charges.

Other Charges Related to Prostitution

Being charged with prostitution or solicitation under Penal Code 647b can also lead to additional charges, including pimping, pandering, indecent exposure, lewd conduct, and human trafficking. Depending on which additional charges a prosecutor decides to pursue, the penalties can become severe pretty quickly. In some cases, registration as a sex offender or a life in prison could become a reality if convicted.

It’s important that anyone charged with these crimes has representation from a skilled defense attorney with experience in prostitution defense. The Law Office of Sheny Guiterrez has helped clients throughout Orange County in their criminal cases. Contact our Santa Ana office for a free consultation.

Human Trafficking

Sex trafficking is a felony and occurs when you deprive someone of their personal liberty with the intent to sell or exploit them in a sexual manner. A conviction can lead to a life sentence.

Pimping & Pandering

Pimping involves taking some or all of a prostitute’s revenue as income for aiding in the act of prostitution. This is a felony offense under California law, with a maximum sentence of six years.

Similar to pimping, pandering is when someone tries to convince someone else to become a prostitute or to continue working as a prostitute. Pandering is also a felony that carries a prison sentence of up to six years.

Indecent Exposure

Purposefully exposing your naked body to others who are offended by it is a crime in California. Indecent exposure is a misdemeanor for a first conviction, with a subsequent conviction classified as a felony. If found guilty, you are required to register as a sex offender.