Solicitation of prostitution or promoting of prostitution carries severe penalties in New York. Sex offenders stand to face steep fines and possible jail time. In addition to this, your record is tainted, and you may face social issues that may spread to your personal relationships. Today, many employers carry out background checks, and a sex offense record can dim your chances of getting employed. If you have been charged with a prostitution charge, you need an aggressive criminal defense attorney to represent you.
Bronx Prostitution Laws
Under the New York Penal Code, prostitution is referred to as engaging in any sexual activity in exchange for money or other gifts. New York issues harsher penalties when compared to other States. For instance, any exchange of sexual activity is punishable regardless of whether sexual penetration took place. Furthermore, an attempted exchange is still punishable. It does not matter if the exchange was successful or not. An attempt is treated with the same severity as engaging in the act. Other prostitution charges may include promoting prostitution, compelling prostitution, permitting prostitution, solicitation of a prostitute and patronizing a prostitute.
As a first time conviction, the offender faces punishment under a Class B misdemeanor. Upon conviction, one may face up to 3 months of jail time. In such a situation, a Bronx prostitution defense lawyer can help you contest these accusations and seek a lesser penalty.
If a person is charged with knowingly profiting from prostitution or compelling someone into prostitution, they are charged under a class C felony. This is punishable with minimum jail time of 6 years and the time in prison can go up to 15 years.
Legal Defenses against Prostitution
Prostitution cases often have different variables. Defense lawyers will first examine the facts and the merits of the case before deciding on the approach. It is to seek the expertise of a lawyer sooner rather than later. This will give them ample time to examine your case and come up with the defenses. When preparing for a legal protection, the lawyer will analyze all the facts and examine any witness testimonies. The defense team will also look into the actions of the accused and any extenuating circumstances. These variables will inform the legal defense strategy. Possible defenses may include:
One of the most common legal defense strategies is to challenge the accuracy and validity of the evidence presented. For a successful conviction, the prosecutor must prove beyond any reasonable doubt that one engaged in, agreed to participate in or solicited prostitution. If the available evidence is not sufficient to substantiate these claims, then a charge cannot be made. If there is no record or evidence of an agreement to practice prostitution with the exchange of money, then the charge cannot hold.
An entrapment defense charge applies when the arresting officer is overbearing on the offender. In most cases, law enforcement agencies use undercover officers to act as customers or prostitutes. This is in a bid to catch sex offenders. There are instances where the officer may put too much pressure on the accused to engage in prostitution. If the defense lawyer can argue that the officer was overbearing, then the charges against you can be dropped, or the court can issue a lighter sentence.
Lack of Exchange In Compensation
If one agrees to engage in sexual activity or solicits sexual intercourse, but no exchange in the form of compensation takes places, then this is considered consensual sex which is legal. For a conviction to be made, there must be a valid agreement to exchange money or gifts.
Obtain a Bronx Prostitution Defense lawyer
As the accused person, you may be convinced that you are innocent. However, not everyone shares the same conviction. This is why you need to seek legal expertise even in seemingly minor charges. Prosecutors are often under pressure to convict sex offenders, and they may use all possible measures to ensure that you are convicted. With so much at stake, you need an aggressive lawyer who has handled such cases before. Do not attempt to go it alone. The ramifications and consequences can have a far-reaching impact. Getting a criminal defense lawyer is the bet to an acquittal or a reduced sentence.