Prostitution Attorney in Phoenix & Avondale, AZ
Facing prostitution charges in Arizona? If you have been charged with prostitution or solicitation of prostitution, an Phoenix prostitution attorney can help you build a strong defense. An experienced attorney knows how to investigate the case and determine the best defense strategy for your criminal case. Whether you’re looking for representation to get your case dismissed, to avoid the worst outcome or to get the best plea deal for your case, Snader Law Group is here for you.
Howard Snader is a former prosecutor, Phoenix criminal defense attorney, and Arizona board certified criminal law specialist who takes your criminal charges personally. We know the ins and outs of Arizona criminal process and procedures, and we will provide you with an aggressive and effective defense for your criminal charges. Call us now to talk about your charges and plan your defense today!
Why do I need a prostitution defense attorney?
A seasoned Phoenix prostitution lawyer understands how the prosecution thinks and knows Arizona criminal laws work to create an aggressive and proactive defense strategy against your charges. This may involve:
- Investigating the facts of your case, such as looking at timeline of events and examining evidence.
- Looking for witnesses and examining witness statements.
- Negotiating with the prosecution to get the best possible plea deal for you.
- Preparing a strong defense and representing you in court.
What counts as prostitution?
What counts as prostitution in Arizona, according to ARS § 13-3211, is any act that involves offering, agreeing to, or engaging in under a fee arrangement with any person for money or any other valuable consideration. There are several layers to this definition that we can look at — namely, the counts as sexual conduct and as valuable consideration.
What does as sexual conduct mean?
Under Arizona criminal law, sexual conduct means sexual contact (including oral sexual conduct), sexual intercourse, and sadomasochistic abuse.
What does valuable consideration mean?
When it comes to prostitution, valuable consideration usually refers to cash, drugs, and certain favors. If you’re not sure how this applies to your situation, fill out our contact form to reach out to a Phoenix prostitution lawyer.
Is prostitution legal in Arizona?
No, prostitution is not legal in Arizona and in most of the United States. Some examples of prostitution include gentleman’s club, strip bars, massage parlors, and other prostitution derived from business.
Is prostitution a sex crime in Arizona?
No, prostitution is technically not a sex crime even though it’s sex-related. However, it is still a crime and is prohibited in Arizona.
What are the types of prostitution charges?
There are several prostitution-related crimes that you can be charged with in Arizona, including:
- Solicitation of prostitution
- Sex trafficking
- Child prostitution or child sex trafficking
Solicitation of Prostitution
It is illegal to solicit or hire someone to commit an act of prostitution under Phoenix City Code § 23-5. This includes the enticement of persons for purpose of prostitution, as outlined in ARS § 13-3201.
Sex Trafficking Related
While sex trafficking is classified under kidnapping and related offenses, it can involve certain actions are prohibited under Arizona laws. Below are some of the other prostitution offenses that may be involved in sex trafficking:
- ARS § 13-3202 – Procurement by false pretenses of person for purpose of prostitution
- ARS § 13-3203 – Procuring or placing persons in house of prostitution
- ARS § 13-3210 – Transporting persons for purpose of prostitution or other immoral purpose
Other Prostitution Offenses
Aside from the ones previously mentioned, the following acts are also illegal in Arizona.
- ARS § 13-3204 – Receiving earnings of prostitute
- ARS § 13-3205 – Causing spouse to become prostitute
- ARS § 13-3207 – Detention of persons in house of prostitution for debt
- ARS § 13-3208 – Keeping or residing in house of prostitution and employment in prostitution
- ARS § 13-3209 – Pandering
As outlined by ARS § 13-3212, child sex trafficking committed by a person who:
- Engages in prostitution with a minor;
- Causes a minor to engage in prostitution; or
- Involved in the prostitution of a minor.
This includes financing, managing, supervising, owning or controlling, and receiving benefits from prostituting a minor. Enticing, recruiting, harboring, transporting, and other ways of providing a means by which a minor engages in prostitution is also included in child prostitution.
Is prostitution charged as a felony or misdemeanor?
There are a few consideration when determining if a prostitution offense will be charged as a misdemeanor or felony. Generally, prostitution or solicitation charges are Class 1 misdemeanors for the first offense. These charges can also be enhanced to a Class 5 felony for repeat offenders.
However, there a few exceptions. First-time offenders for enticement of prostitution, pandering, and transporting are felonies, while any act of prostitution involving a minor is a felony.
What are the penalties for prostitution in Arizona?
For a first time offense, the maximum punishment you can receive is six months of jail time, three years probation, and $2500 in fines. Keep in mind that there is also a mandatory minimum penalty of 15 days in jail for convicted offenders. However, received a felony conviction, you can up to 2 years in prison for enticement, and 2.5 years for pandering, procuring, transporting.
If you have prior convictions for prostitution, the mandatory minimum penalty is increased for each additional offense. The maximum penalty you can get is four years in prison with no probation and fines of up to $2500.
However, getting convicted for prostitution involving a minor carries the harshest penalties compared to the other prostitution offenses. Imprisonment is a mandatory penalty, except in cases where probation is possible (if minor was 15 to 17 years old). Note that the minimum penalty for conviction is 180 days in jail, which can be reduced in half if you complete a counseling program.
Do I need to register as a sex offender for a prostitution conviction?
Since prostitution is not considered a sex crime in Arizona, you don’t need to register as a sex offender if you’re convicted. However, if you got convicted for child prostitution, the court can consider lifetime probation and require you to register as a sex offender.
What is the best defense to a prostitution charge?
If you’re charged with prostitution in Arizona, the best strategy is to attack the prostitution’s evidence using an entrapment defense. Entrapment pertains to a situation where the defendant was coaxed into committing a crime by an officer. For instance, the officer will allow you to bring up “what you want” and to initiate the question of compensation.
This type of defense is difficult to prove and rarely works without help from an experienced Phoenix prostitution attorney. In most cases, the evidence is recorded. It is in the cases where the recordings are not clear or ambiguous that you have strong defense.
If the prostitution case involves the officer only as a witness, the prosecutor will have a near impossible time proving your guilt without the other party (the prostitute) coming to testify against you. In my many years of defending Arizona residents against prostitution charges, I have never had the prostitute show at my client’s trial.
If you have not confessed or admitted to anything and the prostitute fails to show, the State only has the officer’s statement. Normally, he can’t testify as to what was said between the parties nor can he testify the presence of a contract for a sex act. Without proving these factors, prostitution charges are defendable.
Call our Phoenix Prostitution Attorney Today!
A conviction for a prostitution charge will not only affect your record, but may even ruin your reputation to others. Don’t let your freedom be taken away without even putting up a fight. Call our experienced Phoenix prostitution defense attorney Howard Snader to get an aggressive defense strategy for your case. We take your criminal cases personally, and we know how to get the best outcome for your criminal case.