Watch this short video of David explaining Charged with Prostitution in Arizona:
Throughout Phoenix and the entire state of Arizona, statutes exist that prohibit prostitution. According to ARS §13-3211, §13-3214 and the Phoenix City Code §23-52, a person can be charged with prostitution if they knowingly offer someone else services of a sexual nature for something that has value. Usually, this involves the exchange of money for sexual services. If you have been charged with Prostitution in Phoenix, Mesa, Tempe, Chandler, Scottsdale, or anywhere in Arizona, give us a call for a free case review. If you have been charged with Soliciting a Prostitute, click here.
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Penalties for a Prostitution Conviction
Prostitution is not legal in Arizona and those who face prostitution charges in Arizona should understand that the penalties for a conviction will increase every time they are faced with new charges. For a first-time offense charged by either the city of Phoenix or the state of Arizona, conviction results in a penalty of 15 days of mandatory time served in jail with the maximum amount for a sentence not to exceed 6 months. In addition to the jail time, a $2500 fine may be imposed that carries 84% surcharges ($2,100). After these penalties have been met, a first-time offender should then expect to serve up to three years of probation during which they will attend classes and counseling sessions pertinent to a prostitution conviction.
For people who have prior charges of prostitution, the maximum sentence imposed can be extended. These sentences escalate according to the amount of convictions a person holds on their historical record. Here is what you can expect with multiple convictions:
- One allegeable historical conviction of prostitution carries a mandatory minimum of 30 days in jail
- Two allegeable historical convictions of prostitution carry a mandatory minimum of 60 days in jail
- Three allegeable historical convictions of prostitution carry a mandatory minimum of 6 months in jail
Once a person has reached their fourth allegeable historical conviction, the charges of prostitution will be elevated to a class five felony. This can be punished with a minimum sentence of 180 days served in a prison facility that can be extended to two and one-half years.
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Defenses Used Against Prostitution Charges
Often, law enforcement officers utilize strategies in their investigations that can be determined to be illegal in a court of law. Many of the prostitution charges in Arizona can be defended by proving that a person was entrapped. The entrapment defense can be used when a law enforcement officer used their position to coerce a person into a situation that would not have occurred under normal circumstances. For example, an officer who meets with a private entertainer or escort and offers extremely large amounts of money in exchange for sexual services could effectively “coerce” that person into doing something they had not planned. If the private entertainer or escort was not actively soliciting and would not have offered the service without the officer’s actions, then this could fall under the entrapment defense.
Before charges of prostitution can be issued, it is also necessary for money to change hands or physical contact to take place. Otherwise, a court cannot determine if the alleged crime occurred because without an actual action, it could be claimed that the defendant was merely engaging in a verbal exchange. Often, law enforcement officers jump the gun and charge a person with a crime without proof that a person intended to engage in an illegal act. This defense is one we can use if no deal actually took place and involves investigating to determine if there was an actual exchange of money.
With all criminal cases, there are strategies our law firms can use that can prove a defendant’s constitutional rights were not upheld. Every person accused of a crime is protected under the Bill of Rights and must be made aware of their Miranda rights. These rights assert that those accused of a crime are not required to self-incriminate or provide a confession without having access to legal counsel. There are also numerous mistakes that can be made during a criminal investigation that include false identification, false police reports and statements, and incorrect analysis of a crime scene. When we work with clients facing prostitution charges, we thoroughly investigate every aspect of the alleged crime to identify flaws that can be used to defend our clients. We have a solid history of defending our clients, and you can click here to read about some of our victories.
Should I Hire a Lawyer for Prostitution Charges?
If you are facing prostitution charges, then we can help you defend your case and in some cases even have the charges dropped. Contact the Law Offices of David Cantor to schedule a Free Case Consultation today at (602) 737-2812, or you can fill out our confidential form and an attorney will contact you.