A conviction from one of the California sex crimes not only runs the risk of leading to a felony on your record (which carries with it a lifetime of difficulties), but also results in registration as a sex offender. In cases where it is difficult to prove the full facts of the case, the lifetime registration as a sex offender has the potential to impact every facet of your life, from dictating what neighborhoods you may live in, to child custody disputes. If you have been arrested on suspicion of a sex crime, do not hesitate to contact an experienced San Jose sex crimes lawyer as soon as possible who can help sort through the facts of your case and bring the correct facts to light.
Solicitation of Prostitution and Lewd Conduct in Public
The solicitation of prostitution falls within the general crime of disorderly conduct in the California Penal Code. The acceptance of solicitation to engage in prostitution also falls within this general offense. However, the key to proving solicitation of prostitution is that an act must be done in furtherance of the commission of an act of prostitution. Therefore, simply an agreement to engage in the act of prostitution is not enough to fall within the definition of the offense. The prosecution must be able to prove that you did something to further the act of prostitution after agreeing to commit the act. Prostitution includes any lewd act between persons for money or other consideration. Both the alleged prostitution and the alleged customer may be arrested for the crime of solicitation of prostitution. A person who engages in lewd conduct in public will also fall within disorderly conduct, with a range of penalties, it's important to hire a skilled solicitation lawyer.
Both offenses are generally misdemeanor offenses, unless outside circumstances exist. For example, if a previous conviction for prostitution has occurred, the accused will be imprisoned in county jail for at least 45 days. If the alleged prostitute was a minor and the alleged solicitor knew or should have known that he or she was a minor, the fine will increase to up to $10,000. In addition to jail time and penalties, a court may additionally suspend an accused's driver's license if you engaged in an act of prostitution within 1,000 feet of a private residence through the use of a vehicle. A court may additionally assess a fine of $70 for the crime of lewd conduct or solicitation of prostitution.
A person who exposes their private parts in a public place where there are other people present who are likely to be offended or annoyed may be charged with indecent exposure. Indecent exposure also includes the procurement or assistance of another person to expose themselves or take part in a model artist exhibition or to make an exhibition of themselves a public view which is offensive, or is adapted to excite to vicious or lewd thoughts or acts.
The crime of indecent exposure is therefore quite broad and requires the prosecution to work to prove each factor of the offense. A qualified San Jose sex crimes attorney will work to keep this charge off your record. While the offense of indecent exposure is a misdemeanor offense, it may be increased if the person committing indecent exposure entered into a residence, or upon multiple indecent exposure convictions.
Sexual battery, or sexual assault, occurs in the following situations:
- A person touches an intimate part of another;
- While against the will of the person; and
- For the purpose of sexual arousal.
Sexual battery may be a misdemeanor or felony crime, depending on the facts of the situation. Therefore, the punishment may range from one year in county jail to four years in prison, in addition to a fine up to $10,000.
Ahmed and Sukaram Law | San Jose Sex Crimes Lawyer
Sexual crime convictions unfortunately carry with them the added burden of registering as a sex offender. Therefore, do not hesitate to contact the sex crimes and rape defense attorneys of Ahmed and Sukaram as soon as possible after your arrest. Our San Jose sex crimes attorneys will begin working through the facts of your case to formulate a defense. Contact our San Jose office today for your initial free consultation.