Some criminal convictions carry a more negative stigma than others – sex crimes being among them. Even if it’s just a misdemeanor conviction on your criminal record, all background checks conducted on you in the future will be marred by being convicted of a sex-offense.
With experienced legal help, you may be able to avoid this fate. Call a seasoned Astoria prostitution lawyer if you have questions or need help with a case.
Possible Defense Strategies Against Prostitution Charges
Our team can help you plan a defense depending upon your case’s unique circumstances. Below are three common defense strategies we regularly employ against prostitution charges.
Entrapment
New York state law defines entrapment as a scenario in which an individual is “induced or encouraged” to participate in illegal activity by a public servant or affiliate. Entrapment may be a possible defense against a prostitution arrest that occurs during a sting operation. In helping you to prepare your defense, we may be able to establish this by demonstrating that you are a law-abiding citizen and would not have otherwise been engaging in criminal activity, but for the police officer inducing you.
Lack of Intent
Another potential defense strategy is showing the jury that there was a lack of intent on your part. We may be able to assert that you never actually intended to engage in the act of carrying out prostitution or soliciting a prostitute. By showing the lack of intent, we may be able to directly attack the elements that the District Attorney needs to prove to convict you of this crime.
Lack of Probable Cause
In each case, the State must establish beyond a reasonable doubt that the individual is guilty of the charge in question. When the prosecutor lacks the evidence to prove your guilt, they do not have a case.
Mike Schillinger is an experienced prostitution attorney in Astoria that can help you review the specifics of your situation, answer your questions, and help you determine the best possible defense – all during a completely confidential consultation.
State Prostitution Criminal Offense Statute
Prostitution is a criminal offense. Anyone engaging in this activity may face criminal prosecution. According to the Criminal Jury Instructions for New York Penal Law § 230.00, any person who engages or agrees to engage in sexual conduct for payment is guilty of prostitution. A guilty conviction results in a Class B misdemeanor offense on the individual’s permanent criminal record, along with some significant penalties.
Sentencing for a first-time conviction can range from probation to 90 days in jail, community service, and significant fines. However, with proper representation, you may be able to resolve your prostitution case far more favorably.
Some more favorable options may include
Patronizing a Prostitute
The State can assert someone paid another for sexual conduct and charge them with patronizing a prostitute. The severity of the penalty can vary depending upon the degree of charges someone faces, but can be severe, especially if you have been previously arrested or convicted of a similar crime.
Other Prostitution Charges
Other crimes that fall under the prostitution statute include the following:
- Sex trafficking
- Compelling prostitution (when an adult compels a minor to engage in prostitution)
- Promoting prostitution (receiving advancement, such as payment for prostitution, when not carrying out or paying for the act)
Mike Schillinger is a skilled prostitution attorney in Astoria, and can help you examine the evidence, investigate the case, and plan the best defense for your specific situation.
Meet With a Skilled Prostitution Attorney in Astoria for Help With Your Case
The consequences of being convicted of a sex-related offense go beyond the actual sentence. While being convicted of a sex offense will subject you to potential jail time probation, fines, etc., the conviction will also leave you with a permanent stigma going forward. People convicted of a sex crime may find themselves having to register as sex offenders, having difficulty in finding employment, and having their reputations tarnished for the rest of their lives.
Mike Schillinger is a hard-working and knowledgeable Astoria prostitution lawyer that fights for the rights of everyday people—and he will fight aggressively for you. Call today to schedule a completely confidential consultation, so we can start planning your defense and helping you to resolve your case.