San Bernardino Prostitution/Solicitation Attorney

Defending the rights of Californians who have been charged with prostitution or solicitation of prostitution in San Bernardino.

Prostitution is against the law in the state of California, as is soliciting someone to engage in prostitution. If you have been charged with either of these crimes, it is important to speak with a team of experienced San Bernardino criminal defense lawyers. These charges are serious and can result in severe penalties, including fines, probation, community service and jail time. In fact, you might have to register as a sex offender as part of your punishment.

What is Considered Prostitution in San Bernardino

Penal Code 647(b) makes it a crime to engage in prostitution in California. Prostitution refers to paying or accepting money in exchange for a sexual act. This law applies to both prostitutes and customers. For example, if a woman allows a man to touch her breasts in exchange for money, both individuals can be charged with prostitution.

Some prostitutes also have middlemen, and these individuals can be charged under Penal Code 266(h) and 266(i), California’s pimping and pandering laws, as well as Penal Code 653.23, California’s supervising or aiding a prostitute law. Both prostitution and solicitation are misdemeanor crimes in San Bernardino.

Penalties for San Bernardino Prostitution and Solicitation

If this is your first time being charged with prostitution or solicitation, you can be charged with a misdemeanor and have to spend up to six months in county jail and/or pay a fine up to $1,000. If this is a subsequent conviction, your punishment will increase. For a second offense, you could spend a mandatory minimum 45 days in county jail. For a third or subsequent offense, you could receive a mandatory minimum 90 days in county jail.

If the crime was committed in a car and within 1,000 feet of a residence, you could face additional penalties, such as a suspended or restricted license. Fortunately, it’s rare for prostitution convictions to include having to register as a sex offender, but this is not off the table. A judge has the discretion to order a defendant to be added to the sex offender database if the crime was the result of a sexual compulsion or for sexual gratification purposes.

Legal Defenses for Prostitution or Solicitation

If you are charged with prostitution or solicitation, you don’t have to plead guilty and beg for forgiveness. There are legal defenses that can be used to support your case. After reviewing your case, our San Bernardino sex crimes attorneys will determine what legal defense is best. Each case is unique and requires special attention.

Here are some of the most common legal defenses used in prostitution and solicitation cases:

• Police entrapment. Entrapment is a valid legal defense in San Bernardino. However, you can only use this defense if you committed your act because the police lured you to do so.
• Lack of trustworthy evidence. This is a common defense to prostitution and solicitation, because in many cases, the arresting officers are making assumptions. To be convicted of prostitution or solicitation, the prosecution must prove that you are guilty beyond a reasonable doubt.
• Insufficient evidence. With insufficient evidence, the evidence might be valid, but it’s not enough to prove that you are guilty of prostitution. This is a good defense if you were in the wrong place at the wrong time.
• Lack of intent. Another defense that can be used is a lack of intent. In order to be found guilty of prostitution or solicitation, you must have intended to engage in a sex act. For example, you might not have known that you were being led to a place of prostitution.

When you work with the best criminal defense attorneys in San Bernardino, you can choose the legal defense that best supports your case. However, it’s possible that a plea bargain or reduction in charges is best for your circumstances. It’s not uncommon for prostitution charges to be reduced to less severe charges, such as disturbing the peace (Penal Code 415) or criminal trespassing (Penal Code 602).

Related Offenses in Prostitution/Solicitation Cases

If you are arrested for prostitution or solicitation, it’s common to be charged with other offenses, such as:

• Pimping and pandering (Penal Code 266(h) and 266(i)). “Pimping” refers to when a person knowingly lives their life off a prostitute’s pay. “Pandering” refers to recruiting someone to be a prostitute.
• Supervising or aiding a prostitute (Penal Code 653.23). Anyone who helps someone else commit prostitution can be charged under PC 653.23. The penalties are the same as being charged with prostitution.
• Lewd conduct in public (Penal Code 647(a)). PC 647(a) makes it a crime to engage in a lewd act in public or to solicit someone else to do so.
• Loitering to commit prostitution (Penal Code 653.22). A person commits this crime when they loiter in a public place with the intent to engage in prostitution. This law helps law enforcement because they can charge someone with prostitution even if there is no evidence of a specific act.
• Indecent exposure (Penal Code 314). Exposing one’s genitals is against the law under PC 314. To be charged with this crime, the prosecutor must prove that you showed your genitals for the purpose of gaining attention.
• Rape (Penal Code 261). It is a prostitute’s legal right to ask a customer to stop at any time. If you do not stop, you can be charged with both prostitution and rape. Rape is a serious felony that includes jail time, fines and registering as a sex offender.

Contact Us Today for Your Consultation

If you have been charged with prostitution or solicitation, contact The Law Offices of David S. Chesley. Our sex crimes lawyers will review your case and determine the best legal defense. Prostitution crimes are mostly misdemeanors, but they can still go on your criminal record and affect your personal and professional life. For the best representation, you need the best San Bernardino criminal defense lawyers.