Los Angeles Prostitution Defense Attorney

Prostitution, under California Penal Code Section 647(b), criminalizes the act of engaging in or soliciting sexual activity in exchange for money or other compensation. This offense applies to both individuals offering sexual services and those seeking them, commonly referred to as “solicitors” or “johns.” While typically charged as a misdemeanor, a conviction for prostitution can have severe consequences, including jail time, fines, and lasting harm to your personal and professional reputation.

If you have been charged with prostitution in Los Angeles, it is essential to act quickly to protect your rights. Navigating these charges requires an experienced Los Angeles sex crimes attorney who can develop a strong defense strategy tailored to your case. With proper legal representation, you may be able to reduce charges, avoid incarceration, or even have your case dismissed entirely.

Prostitution – California Penal Code Section 647(b)

Under Penal Code 647(b), it is unlawful to solicit, agree to, or engage in sexual activity in exchange for money. Prosecutors often rely on evidence such as undercover sting operations, electronic communications, or witness testimony to prove their case. Actions that could lead to prostitution charges include:

  • Offering or accepting money or valuables in exchange for sexual acts.
  • Agreeing to engage in prostitution, even if the act was not completed.
  • Communicating with undercover officers posing as sex workers or solicitors.

The consequences of a conviction can be far-reaching, affecting employment opportunities, housing, and immigration status. Prosecutors in Los Angeles aggressively pursue prostitution cases, making it critical to have a skilled attorney on your side.

Don’t face these charges alone. Contact The Law Offices of Arash Hashemi today at (310) 448-1529 to schedule a confidential consultation. Attorney Hashemi will review your case, explain your options, and work tirelessly to protect your future.

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    Key Elements of a Prostitution Charge Under Penal Code 647(b)

    To obtain a conviction for prostitution under Penal Code Section 647(b), the prosecution must establish specific elements of the crime beyond a reasonable doubt.

    The first element requires proof that the defendant solicited, agreed to, or engaged in sexual activity. This can involve offering or accepting money, goods, or any form of compensation in exchange for sexual acts. Additionally, the prosecution must show that an agreement to engage in such acts was reached, even if the act itself was never carried out.

    Intent to Engage in Prostitution

    To secure a conviction, the prosecution must prove that the defendant had the specific intent to engage in or solicit prostitution.Without clear evidence demonstrating this intent, a conviction cannot stand. This intent is typically inferred from the surrounding circumstances, which may include:

    • Verbal conversations or negotiations regarding the exchange of money or other compensation for sexual acts.
    • Electronic communications, such as text messages, emails, or app-based chats, that indicate an agreement to engage in prostitution.
    • Physical actions, such as traveling to or arriving at a prearranged meeting location tied to the alleged agreement.

    An Act in Furtherance of the Agreement

    To prove prostitution, the prosecution must establish that the defendant committed an act in furtherance of the alleged agreement. This act, often referred to as an “overt act,” demonstrates the defendant’s intention to follow through with the agreement. Examples of such actions include:

    • Arriving at or traveling to a designated location agreed upon for the act.
    • Exchanging money or something of value as payment or prepayment for the sexual act.
    • Taking specific steps to prepare for or facilitate the act, such as securing a hotel room or providing transportation to the location.

    No Legal Justification or Defense

    For a conviction under Penal Code Section 647(b), the prosecution must prove that the defendant’s actions were not legally justified or excusable. This means demonstrating that the alleged conduct did not result from entrapment, mistake, coercion, or any other valid defense. For instance, if law enforcement officers pressured or induced the defendant into soliciting prostitution, the entrapment defense may apply. Similarly, if the defendant reasonably believed they were engaging in lawful activity, such as participating in a non-criminal transaction, the prosecution must refute this claim. By failing to disprove these potential defenses, the prosecution’s case may lack the necessary elements for a conviction.

    How These Elements Are Proven

    Prosecutors rely on various forms of evidence to prove their case. This may include testimony from undercover officers who posed as solicitors or sex workers, as well as recorded conversations, emails, or text messages that suggest intent. Additionally, surveillance footage or witness testimony may be used to corroborate the alleged actions of the defendant. However, a skilled defense attorney can challenge the prosecution’s case by identifying weak or circumstantial evidence, questioning the credibility of witnesses, and providing alternative explanations for the defendant’s conduct. Addressing these elements effectively is essential to building a strong defense strategy.

    Potential Penalties for Prostitution Convictions in California

    Prostitution is generally charged as a misdemeanor, but the penalties can vary depending on whether it is a first-time or subsequent offense and the specific circumstances of the case.

    Misdemeanor Penalties

    For first-time offenders, the potential penalties may include:

    • Up to 6 months in county jail.
    • Fines of up to $1,000.
    • Mandatory probation, which may include community service and participation in an educational program on the impact of prostitution.

    Enhanced Penalties for Repeat Prostitution Convictions and Aggravating Factors

    Repeat prostitution offenses in California come with heightened penalties due to its classification as a “priorable” offense, meaning punishments escalate with each subsequent conviction. For a second offense, defendants face a mandatory minimum jail sentence of 45 days, which increases to a minimum of 90 days for a third or subsequent offense. Additional penalties may apply in cases involving aggravating circumstances. For example, engaging in prostitution in a vehicle can result in the suspension of the defendant’s driver’s license for up to 30 days or restrictions for up to six months. Solicitation or loitering near residential areas or schools may lead to increased fines or extended probation terms. Furthermore, for non-citizens, a prostitution conviction is considered a crime of moral turpitude, potentially impacting visa eligibility or resulting in deportation.

    What Are the Best Defenses for Prostitution Cases in California?

    Lack of Intent

    Intent is a key element in prostitution cases. A strong defense may involve arguing that the defendant had no intention of engaging in prostitution. For instance, a conversation or interaction with another party may have been misinterpreted. The defendant may have been in the area for lawful purposes, such as running errands, meeting a friend, or socializing. Without clear evidence of intent, the charges may fail to hold up in court.

    Entrapment

    Entrapment occurs when law enforcement officers pressure or coerce someone into committing a crime they would not have otherwise committed. In prostitution cases, this often arises during sting operations involving undercover officers posing as clients or sex workers. If the defense can demonstrate that law enforcement induced the defendant to engage in conduct they had no prior intent to commit, the charges may be dismissed.

    Insufficient Evidence

    Prostitution charges often rely on subjective observations or assumptions made by law enforcement officers. For example, the prosecution may claim that certain language, gestures, or actions indicated an agreement for prostitution. However, a skilled defense attorney can argue that such evidence is vague, unreliable, or lacks the necessary clarity to support a conviction. Without definitive proof, such as a recorded exchange or corroborating testimony, the prosecution’s case may be too weak to succeed.

    Mistaken Identity

    In some cases, law enforcement may wrongfully accuse the defendant due to mistaken identity. For instance, the defendant may have been in the vicinity of illegal activity but not involved in it. This defense is particularly effective in situations where the accusation stems from vague observations, such as clothing, behavior, or proximity to known prostitution activity. Demonstrating that the defendant was not the person involved can lead to a dismissal of charges.

    Procedural Violations

    Law enforcement must adhere to strict procedures when conducting investigations and making arrests. Any violations of the defendant’s constitutional rights can provide grounds for challenging the charges. For example:

    • Evidence obtained through unlawful searches or seizures may be excluded from court.
    • A coerced confession or failure to provide Miranda warnings during arrest may render key evidence inadmissible.
      Exposing procedural misconduct can significantly weaken the prosecution’s case and result in a dismissal.

    Profiling or Discriminatory Enforcement

    If the defense can demonstrate that the defendant was unfairly targeted based on their appearance, behavior, or location, rather than any actual intent to engage in prostitution, the charges may be dismissed. Evidence of profiling or discriminatory practices by law enforcement can undermine the validity of the prosecution’s case and highlight flaws in the investigation.

    These defenses, when effectively presented, can result in reduced charges, dismissals, or acquittals, allowing individuals facing prostitution allegations to move forward without the severe consequences of a conviction.

    Contact Our Los Angeles Prostitution Defense Lawyer

    If you have been charged with prostitution under Penal Code 647(b) in Los Angeles, you need experienced legal representation to protect your rights and your future. At The Law Offices of Arash Hashemi, we have over 20 years of experience successfully defending clients against prostitution and related charges. Our team is dedicated to providing personalized, strategic defense tailored to the specifics of your case.

    Prostitution charges can have a significant impact on your life, including potential jail time, fines, and damage to your reputation. Early intervention is critical. By working with our legal team, we can examine the evidence, challenge the prosecution’s case, and pursue the best possible outcome, whether that means reduced charges, alternative sentencing, or a dismissal.

    Attorney Hashemi is committed to helping clients move forward with confidence and security. Don’t let a prostitution charge derail your future. Call our office today to take control of your case. Don’t let a prostitution charge jeopardize your future. You can also schedule a 15-minute consultation through our secure online system. Together, we’ll evaluate your case and determine the best defense strategy to protect your rights and reputation.

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