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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Oakland Prostitution Lawyer

Prostitution laws apply to both parties involved, meaning the law could punish anyone soliciting or seeking to solicit sex. If you have been accused of prostitution, it may be vital to reach out to a representative to see learn how to help protect your rights. An Oakland prostitution lawyer with knowledge of local law may help explain the criminal process, California laws governing prostitution, and how to help mitigate any related penalties. By working with an experienced criminal defense attorney, you may give yourself the best chance of a positive resolution.

Understanding Prostitution

Legally, prostitution in Oakland is understood to include any sexual or lewd acts performed in exchange for money or other considerations. While the California Penal Code does not have a separate section for prostitution, the criminal action is found in § 647(b) of Chapter 647 which details miscellaneous offenses. A misdemeanor prostitution offense can include the following conduct:

  • Requesting prostitution
  • Engaging in prostitution
  • Agreeing to engage prostitution
  • Paying for a sexual act
  • Accepting something of value in exchange for a sexual act

The law does not require that both parties complete a requested or agreed upon the act of prostitution. Instead, to bring charges and accusations of prostitution against someone, the law merely requires there is a specific intent to engage in a sexual act.

It is important to note that the court cannot convict someone of prostitution unless there is some step taken to further the commission of the act. For this reason, those facing prostitution charges may find an Oakland prostitution attorney beneficial to demonstrating a lack of action.

Charges Involving Minors

Prostitution laws do not apply to those who are minors. However, an act of prostitution with someone who is under the age of 18 is illegal. If a minor is found to be engaging in prostitution, the police will generally treat them as an exploited child. This may involve taking the minor into custody to help protect them. This will also involve different charges, especially if one party was an adult.

Potential Outcomes of These Allegations

For a first-offense prostitution conviction, a potential punishment could include six months in jail and a fine of up to $1,000. For a second offense, a convicted person could be held in jail for at least 45 days. Finally, a third offense could result in a minimum of 90 days in jail. If either party used a vehicle while committing the alleged act, the court could bring additional penalties, such as a suspended or restricted driver’s license.

While the law does not require convicted individuals be automatically placed on a sex offender registry, Oakland judges bear discretion in deciding whether an action warrants registration as a sex offender. For this reason, those facing criminal charges in Oakland may wish to consult a dedicated prostitution lawyer before appearing before a judge. An attorney could guide anyone accused throughout the process to seek the best possible resolution.

Let an Oakland Prostitution Attorney Help

While the potential punishments related to prostitution may not seem drastic, any criminal charge could be extremely stressful. In terms of prostitution, accusations could impact a person’s reputation and result in a criminal record or required registration as a sex offender. While charges can be frightening, a dedicated attorney could stand by your side.

An Oakland prostitution lawyer with experience handling a variety of prostitution charges could help individuals throughout the legal process. Call today to set up a consultation to learn how an attorney could help you.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer