Delray Beach authorities can arrest and charge all parties involved in prostitution. This offense might sound trivial, but it comes with potentially severe and embarrassing penalties. Those who find themselves in this situation may need to quickly obtain the services of a Delray Beach prostitution lawyer who could listen to their case and offer advice on potential next steps. Speak with a distinguished criminal attorney as soon as possible.
Prosecutors charge a person’s first prostitution offense as a second-degree misdemeanor, which is the lowest level in Delray Beach’s criminal code but nonetheless could mean up to six months in Palm Beach County’s jail and a fine of up to $500.
A second offense could double the punishment to one year in jail and a fine of up to $1,000. The third and any additional offenses would be a felony in the third-degree which could elevate the length of incarceration to up to five years in Florida’s state prison system with a fine of as much as $5,000.
People facing charges of prostitution with a person younger than 18 years of age face much greater potential consequences, it could count as a second-degree felony that could mean 15 years in state prison accompanied by a fine of up to $10,000.
Delray Beach defines an act of prostitution in criminal code Title XLVI Chapter 796 as the act of hiring a person for the purpose of having sexual relations with them. This applies to both those giving and receiving sexual acts. Hiring means that the parties exchange compensation, whether money or some other valuable. Lewd acts can also be considered prostitution crimes.
Assignation is arranging a time and place for the sexual act to occur. Delray Beach can charge a person who provides a place—stationary or mobile—in which prostitution occurs. A Delray Beach prostitution lawyer knows that the state can charge anyone who entices, solicits, induces, or procures prostitution with pandering.
Compensation of some type is one of three key elements in prostitution criminal law. The state must prove that the person offered or received some type of valuable compensation, the person willingly engaged or attempted to engage in an act of sexual or lewd nature, and they had the intent to engage in an act of prostitution and acted on that intent.
Simply speaking, the defense needs to disprove at least one of the key elements comprising prostitution. The state must provide the defense with all its evidence against the accused. The defense attorney will evaluate all the evidence looking for flaws, lapses, contradictions, and anything that investigators did or did not do.
Legal errors in the supplied documents can lead to evidence suppression, meaning the evidence is no longer available to the prosecution. In some cases, this may be enough for the state to dismiss charges. Beyond that type of discovery, three basic defenses in prostitution cases are entrapment, mistaken identity, and errors in an investigation.
Prostitution offenses can be nerve-wracking, as the potential consequences are brutal. That is why competent legal representation may be important. A Delray Beach prostitution lawyer could provide a free consultation to review the case and potential defenses, as well as a case review that may help to protect an individual’s rights.
Leifert & Leifert Criminal DefenseNA