Solicitation of Prostitution Attorney in Westchester County

Take the First Step Toward Protecting Your Reputation

Solicitation charges in Westchester County, like elsewhere in New York, can be complex and carry serious consequences. These offenses involve the act of requesting, encouraging, or paying someone to engage in illegal activities, often of a sexual nature. Local law enforcement and courts treat solicitation charges with utmost seriousness, and the impact on your personal and professional life can be significant.

It's crucial to consult a knowledgeable solicitation criminal defense lawyer in Westchester County if faced with such charges. Our team at Riebling & Payton, PLLC is here to provide a robust defense, leveraging our nearly 50 years of combined experience to protect your rights and secure the best possible outcome. With offices strategically located in Mount Kisco and White Plains, our accessibility ensures that you receive timely and effective legal guidance.

In Westchester County, solicitation laws are enforced under strict New York statutes that categorize these crimes as misdemeanors or felonies based on specific circumstances, such as prior convictions or the involvement of minors. Navigating this legal landscape requires skilled negotiation and an understanding of the local judiciary, making it imperative to entrust your defense to attorneys like us, who possess intricate knowledge of regional legal procedures.

Our solicitation of prostitution attorney in Westchester County brings former prosecutorial insight to your case. Schedule your free consultation today by calling (914) 712-6878 or reaching out online.

Understanding Solicitation of Prostitution Charges in New York

In New York, the legal framework for prostitution-related offenses is primarily found in New York Penal Law Article 230. While commonly referred to as "solicitation of prostitution," the specific charge you might face as a "customer" or "john" is Patronizing a Person for Prostitution. It's crucial to understand the specific elements that the prosecution must prove beyond a reasonable doubt for a conviction. As your solicitation of prostitution attorney in Westchester County, we will ensure you have a clear and comprehensive understanding of the precise charges leveled against you.

Patronizing a Person for Prostitution in the Third Degree (NY Penal Law § 230.03)

This is the most common charge for an individual attempting to buy sexual services. A person is guilty of patronizing a person for prostitution in the third degree when they:

1. Pay a Fee Pursuant to a Prior Understanding: Pursuant to a prior understanding, they pay a fee to another person as compensation for that person or a third person having engaged in sexual conduct with them; OR
2. Pay or Agree to Pay a Fee for Sexual Conduct: They pay or agree to pay a fee to another person pursuant to an understanding that in return therefor such person will engage in sexual conduct with them; OR
3. Solicit or Request for Sexual Conduct: They solicit or request another person to engage in sexual conduct with them in return for a fee.

• Penalty: Patronizing a Person for Prostitution in the Third Degree is a Class A Misdemeanor.

Patronizing a Person for Prostitution in the Second Degree (NY Penal Law § 230.05) - Felony

This is a more serious felony charge. A person is guilty of patronizing a person for prostitution in the second degree when, being 18 years old or more, they patronize a person for prostitution and the person patronized is less than 15 years old.

• Penalty: Patronizing a Person for Prostitution in the Second Degree is a Class E Felony.

Patronizing a Person for Prostitution in the First Degree (NY Penal Law § 230.06) - Felony

This is the most severe patronizing charge. A person is guilty of patronizing a person for prostitution in the first degree when:

1. They patronize a person for prostitution and the person patronized is less than 11 years old; OR
2. Being 18 years old or more, they patronize a person for prostitution and the person patronized is less than 13 years old.

• Penalty: Patronizing a Person for Prostitution in the First Degree is a Class D Felony.

Aggravated Patronizing a Minor for Prostitution (NY Penal Law §§ 230.11, 230.12) - Felony

These statutes apply when the alleged patronizing involves a minor and actual sexual intercourse or certain types of sexual contact occurs. The specific degree (Third, Second, or First) depends on the age of the patron and the minor, with the lowest degree being a Class E felony and the highest being a Class B felony.

Key Points Regarding Minor Victims:

• Strict Liability: When the patronized person is a minor, consent is legally impossible. The prosecution does not need to prove lack of consent.
• Mistake of Age is Generally No Defense: While a "mistake of fact" defense might sometimes be raised for the age of consent in general sex crimes, for patronizing a minor, especially under 15, the law is extremely strict.
• School Zone Enhancement: Patronizing a person for prostitution in a "school zone" (defined area near a school) is a Class E Felony, regardless of the age of the person patronized, if the patron is 21 years old or more.

The specific nuances of each charge, particularly the definitions of "sexual conduct," "fee," and the various age thresholds, make it imperative to have a seasoned Westchester County solicitation of prostitution lawyer on your side.

Collateral Consequences of a Solicitation of Prostitution Conviction in New York

A solicitation of prostitution conviction in New York carries significant and often devastating collateral consequences, even for a misdemeanor. This includes a permanent criminal record that remains visible, leading to substantial reputational damage and social stigma, potentially impacting personal relationships and community standing. Such a conviction also creates severe employment barriers, making it nearly impossible to find jobs requiring trust or professional licenses.

Furthermore, individuals face housing difficulties, educational limitations, and for felony convictions, the loss of civil rights like voting and firearm possession. There are also potential travel restrictions to other countries, negative impacts on child custody and family law matters, and severe immigration consequences for non-citizens, including deportation, especially if the offense involves a minor.

Comprehensive Solicitation of Prostitution Defense Strategies in New York

Successfully defending against solicitation of prostitution charges in New York requires a nuanced understanding of law enforcement tactics and specific legal elements. A common and effective strategy is asserting entrapment, arguing that law enforcement induced you to commit a crime you were not predisposed to through coercion or repeated pressure. 

We also challenge the prosecution's ability to prove lack of intent or agreement to exchange money for sexual conduct, highlighting misinterpretations or ambiguities in communication. Similarly, we scrutinize whether the legal elements of "sexual conduct" or a "fee" were actually established.

Further defense approaches focus on procedural and evidentiary challenges. This includes arguing misinterpretation of innocent conduct by law enforcement, and challenging the legality of the initial stop or detention to suppress unlawfully obtained evidence. 

We meticulously investigate any police misconduct or procedural errors, such as coerced statements or Miranda violations, that could lead to crucial evidence suppression. If evidence is weak, we'll highlight insufficient evidence or reasonable doubt. For eligible first-time offenders, we aggressively pursue diversion programs like an Adjournment in Contemplation of Dismissal (ACD) to achieve charge dismissal and avoid a criminal record, or negotiate plea bargains to non-criminal violations.

Contact Our Experienced Solicitation Defense Team Today

Our dedicated team offers nearly 50 years of combined legal experience, providing personalized, strategic representation to help alleviate the stress of legal challenges.

Choosing Riebling & Payton, PLLC means gaining access to compassionate, effective legal defense, ensuring your rights are protected while receiving clear guidance through the complexities of the legal process. Don’t face this alone; let us assist you in achieving the best possible outcome.

If you or a loved one are facing solicitation charges in Westchester County, time is of the essence. Contact us online at (914) 712-6878 for a confidential consultation.