What if I got arrested for solicitation of prostitution, what does the prosecution need to prove and what is the punishment?

February 08, 2011,Posted by Sex Crime Defense Attorney

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant requested that another person engage in an act of prostitution,and;2. The defendant intended to engage in an act of prostitution with the other person,

and; 3. The other person received the communication containing the request.

A person engages in an act of prostitution if he or she has sexual intercourse or does a lewd act with someone else in exchange for money or other compensation. A lewd act means touching the genitals, buttocks, or female breast of either the prostitute or customer with some part of the other person’s body for the purpose of sexual arousal or gratification. Under the law, when a prostitute and a customer engage in sexual intercourse or lewd acts, both of them are engaged in an act of prostitution.

Under Penal Code Section 647(b); this charge is a misdemeanor and punishable up to 6 months in the county jail and up to a maximum $1000.00 fine. If you have been convicted of this offense in the past, and are currently facing this charge then the minimum amount of jail time would be 45 days in the county jail and a maximum $1000.00 fine. If you have been convicted twice prior to the current offense, and are currently facing this charge then the minimum amount of time that you could be sentenced to is 90 days in the county jail and a maximum $1000.00 fine.

If you or a loved one have been accused or charged with this crime, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

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Statutory Rape Laws in California – California Penal Code Section 261.5

February 08, 2011,Posted by Sex Crime Defense Attorney

Statutory rape is a punishable offense that occurs when a person engages in unlawful sexual intercourse with a minor under the age of 18. For the purposes of this section, the act of sexual intercourse is achieved by any amount of penetration – no matter how slight – even if there was no ejaculation. This [...]

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Lifetime Registration As A Sex Offender Resulting From A Sex Crime Conviction, May Be Avoided With An Experienced Criminal Defense Attorney

February 04, 2011,Posted by Sex Crime Defense Attorney

A criminal conviction for a sexual offense in California can carry punishments including incarceration, fines, and probation. In addition to the abovementioned punishments, a sex crime conviction may also result in lifetime registration as a sex offender. A number of these crimes requiring lifetime registrations are misdemeanors, misdemeanors that may be alleged with surprisingly minimal [...]

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I’m Charged With Lewd Or Lascivious Act Upon A Child In San Diego – What Should I Do Next?

February 03, 2011,Posted by Sex Crime Defense Attorney

In California, a violation of Penal Codes section 288(a), which defines a lewd or lascivious act upon a child, requires any touching of an underage child accomplished with the intent of arousing the sexual desires of either the perpetrator or the minor. The circumstances of the touching are critical to commission of this crime. It [...]

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I Am Being Charged With Oral Copulation In San Diego, What Do I Do Now? – P.C. 288a; P.C. 288a (b)(1); P.C. 288a (b)(2); P.C.288a (c)(1); P.C. 288a (c)(2) & (3), (k)

February 02, 2011,Posted by Sex Crime Defense Attorney

If you are being charged with oral copulation in San Diego it is important to know what consequences you may be facing. In California, oral copulation is a very serious crime under Penal Code Section 288a. Specifically, it is a crime to commit the act of oral copulation with a minor. In addition it is [...]

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Two Men Seen Exposing Themselves To Passerby In South Orange County- How An Experienced Orange County Criminal Defense Attorney Can Help You When Being Charged With Indecent Exposure- California Penal Code Section 314

February 01, 2011,Posted by Sex Crime Defense Attorney

According to the Orange County Crime Blotter, Orange County Sheriff’s Deputies were called out to La Paz and Marguerite Road on Tuesday January 25th, 2011 at 6:19pm. A 911 call was received which reported two men, standing at the side of the road and exposing their erect genitals. The men were last seen fleeing in [...]

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I’m Charged with Child Pornography In San Diego – What Should I Do Next?

January 28, 2011,Posted by Sex Crime Defense Attorney

In California, Penal Code 311 prohibits possession or distribution of child pornography. Child pornography is defined as obscene matter depicting a person under the age of 18 years personally engaging in sexual conduct, which is usually includes nude photos of minors or video of minors engaging in sexual acts with one another or with other [...]

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What if I got arrested for unlawful sexual intercourse?

January 27, 2011,Posted by Sex Crime Defense Attorney

Under the California penal code section 261.5, unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a “minor” is a person under the age of 18 years and an “adult” is [...]

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Police Seek Public's Help in Rape Case in Tustin

January 10, 2011,Posted by Sex Crime Defense Attorney

Orange County law enforcement authorities are seeking the public’s help in identifying a man who is suspected of helping to dump an intoxicated tourist from Australia in a Tustin alley after his friend allegedly raped her in the back of a car on the day after Thanksgiving. If one is being accused of rape there [...]

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Rape of an Intoxicated Woman – Penal Code Section 261(a)(3)

January 05, 2011,Posted by Sex Crime Defense Attorney

Most people in the general public have a broad perception that rape is a crime that involves sexually forcing yourself upon a person without their consent. Although this may be true in some circumstances, rape is legally defined in California as an act of sexual intercourse with a person – who is not the spouse [...]

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