Prostitution is a serious offense in Boca Raton and can carry heavy penalties. Someone facing these charges should speak to a Boca Raton prostitution lawyer who has experience fighting these charges. An experienced criminal attorney could give you the peace of mind necessary to build a strong defense.
The law in Boca Raton, Florida defines prostitution as giving or receiving sex for hire and encompasses many sexual actions and related offenses that the code outlines. It is illegal to offer, ask for, agree to, or receive any sexual contact in exchange for money or any other valuable compensation. Scheduling an appointment for an act of prostitution—legally termed assignation—is also illegal.
Related offenses include obtaining a place, like a hotel room, whether permanent or mobile where the sexual relations take place and taking someone to that place for that purpose. The law further forbids soliciting, enticing, inducing, or procuring someone to commit an act of prostitution, called pandering or pimping.
A first offense is a second-degree misdemeanor, potentially punishable by incarceration in the Palm Beach County jail for up to 60 days and a $500 fine. Subsequent offenses increase the penalties. A second offense raises the jail time to up to one year in the county jail and up to a $1,000 fine.
Boca Raton charges the third and subsequent offenses as third-degree felonies, the lowest of the three-tier felony structure. These could require up to five years in state prison and up to a $5,000 fine. If a minor is involved, the criminal charge becomes a second-degree felony that could be punishable by up to 15 years in state prison and a $10,000 fine.
A Boca Raton prostitution lawyer could determine defenses based on the events leading up to and after an arrest. This makes it particularly helpful if the defendant did not speak to police without a lawyer to protect the right against self-incrimination. One possible defense may be that the sex was voluntary, meaning neither party hired the other and did not exchange any money or other valuable.
In a hectic or confused situation, it is possible that police arrested the wrong person, making a mistaken identify defense another potential option. Other errors in the investigation may lead to certain evidence not being admissible, making insufficient evidence a viable defense. If police do not advise a person of their right to remain silent under Miranda rights, that also is a defense.
A person can make an entrapment defense if police enticed or were otherwise responsible for a person doing something that the person would not be disposed to do. However, sting operations are not entrapment. Voluntary intoxication is not a defense, nor is incorrectly believing the other person involved was not a minor. The Prosecution must provide the Defense with all its evidence. The Defense Attorney can look for errors made and bring motions to suppress certain evidence based on legal grounds.
Prostitution charges can be intimidating. The charges can come with heavy penalties that could put a person’s future at risk. Persons charged with Prostitution need to protect their rights under law, but often a person is not fully aware of their rights. A Boca Raton prostitution lawyer could explain those rights, listen to the Client’s views, and explain their rights, defenses, and options on how to resolve the case in their favor.
Leifert & Leifert Criminal DefenseNA