Queens Prostitution Lawyer
A prostitution charge can have a serious effect on your life if you’re found guilty, causing not only legal penalties but reputational issues. There are several factors that come into play to determine the severity of a prosecution charge. Here’s what you need to know about a prostitution charge, including what it covers, what types of penalties the court can use and potential defenses to fight the charge.
Types of Prostitution Charges
The New York penal code defines prostitution as offering sexual conduct for a fee or agreeing to pay for sexual conduct. It’s important to note here that the sexual conduct doesn’t need to take place for someone to be guilty of prostitution, as making any deal exchanging a fee for sexual conduct is sufficient. Although money is the most common form of payment for prostitution, “fee” is a broad term that covers any method or favor one could use to pay for sex.
The person offering the sexual conduct in this situation is guilty of prostitution, which is a class B misdemeanor that comes with maximum penalties of a $500 fine and a three-month jail term. The only more severe prostitution charge is prostitution in a school zone, a class A misdemeanor with maximum penalties of a $1,000 fine and a one-year prison term.
The person agreeing to pay for the sexual conduct is guilty of patronizing a prostitute in the third degree, a class A misdemeanor with maximum penalties of a $1,000 fine and a one-year prison term. If the person is at least 18 years old and the prostitute was under 15 years old, then it becomes patronizing a prostitute in the second degree, a class E felony that can result in two to five years in prison. If the person is at least 18 years old and the prostitute was under 13 years old, then it’s patronizing a prostitute in the first degree, a class D felony that can result in two to seven years in prison.
Defenses to Prostitution Charges
There are a few potential defenses against a prostitution charge. One would be if there’s not sufficient evidence that there was any agreement to exchange sexual conduct for a fee, which could be used as a defense for either a person charged with prostitution or a person charged with patronizing a prostitute.
If someone is charged with prostitution, they can use being a victim of sex trafficking or compelling prostitution as a defense. Essentially, if they had little choice in the matter, that can be a suitable defense that could result in the charges being dropped or a not guilty verdict.
If someone is charged with patronizing a prostitute in the first or second degree, one potential defense is that the person didn’t have any valid reason to believe the prostitute was under a certain age. For example, if a prostitute advertised themselves as being 18 and looked 18 but were actually 13, that could be a valid defense. The person would still be guilty of prostitution, but it at least would be a less severe charge.
For prostitution charges, your case could depend on getting the legal defense possible. A skilled prostitution lawyer can look at the situation and see if there are any potential holes in the prosecution’s case, along with putting together your defense strategy. We have Queens prostitution lawyers available to fight for you rights and represent you throughout this entire process, whether your case ends with a plea deal or ends up going to trial.
Mar 31, 2020
May 17, 2018
Spodek Law is a great firm. They are super pragmatic