Portsmouth Prostitution Lawyer
The law in Portsmouth prohibits prostitution and related crimes of sexual violence. Prostitution means engaging in fornication for something of value.
Under the law, prostitution is a Class One misdemeanor which can subject you to serious penalties and life-altering consequences upon conviction. In addition to a prostitution charge, you could face similar charges, such as for pimping or promoting prostitution.
An experienced Portsmouth prostitution lawyer can help you develop a compelling defense to your prostitution charge and make sure that your legal rights stay protected at every stage of the process. Speak to a seasoned defense attorney to learn about your legal rights and options.
Elements of a Prostitution Charge
In a criminal case that involves prostitution, the government has the burden of proving the accused’s guilt beyond a reasonable doubt. In order to satisfy this high legal burden, the prosecutor must demonstrate all of the following:
- That the accused either offered or accepted sexual activity
- That the accused did so in exchange for drugs, money, property, or something else which has value
- That the accused intended to commit prostitution
Sexual activity refers to sexual intercourse, as well as masturbation, oral sex, and touching the alleged victim’s sexual genitalia or buttocks.
Penalties for a Prostitution Conviction
If the government is able to show that the accused is guilty of prostitution beyond a reasonable doubt, then it typically falls upon a judge to render sentencing in the case. At a prostitution sentencing hearing, a judge may order Class One misdemeanor penalties, including STD and HIV testing, STD education, mental health counseling, fines, and jail time. A sentencing judge could impose a $2,500 fine and up to 12 months of incarceration.
These penalties may increase if the accused is a repeat offender or if they have a lengthy criminal record. The judge could also order a suspended sentence and require the accused to complete a period of supervised or unsupervised probation. This probationary period allows the accused time to rehabilitate. If the accused violates their probation, however, a judge could impose the original penalties and sentences.
A prostitution attorney in Portsmouth could represent the accused at a sentencing hearing and argue for a lighter penalty or sentence.
Potential Legal Defenses
Individuals charged with committing prostitution crimes may argue a legal defense in court. A Portsmouth prostitution attorney could argue one or more defenses on the accused’s behalf.
The accused’s attorney, for example, might allege that the government violated the accused’s Fourth Amendment right against unlawful searches and seizures or that the accused did not have the required criminal intent to commit the crime. If the case goes to trial, a jury could determine that the government failed to prove its case beyond a reasonable doubt and decide that the accused is not guilty of the prostitution crime.
Discuss Your Case with a Portsmouth Prostitution Attorney Today
A prostitution conviction has the potential not only to limit your freedom but also affect your reputation among family members and in the community.
If you are facing prostitution charges, you want a criminal defense lawyer by your side who will aggressively safeguard your legal rights and argue for the best outcome possible in your case – whether that be a complete dismissal of the prostitution charge, a favorable plea deal with the prosecution, or a lighter penalty upon conviction. Call a Portsmouth prostitution lawyer today for aggressive legal representation in defending your case.
