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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 being an escort, 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 accused of being an escort 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.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.

We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.

As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.

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When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.

From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.

We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.

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