(Last Updated On: October 15, 2023)Last Updated on: 15th October 2023, 07:31 am
Defending Against Prostitution Charges in Westchester County, NY
Getting charged with prostitution or patronizing a prostitute in Westchester County can be extremely stressful and embarrassing. But with an experienced criminal defense lawyer on your side, you can fight the charges and work to get the best possible outcome. This article will provide an overview of prostitution laws in New York, potential defenses, and how a knowledgeable attorney can help build your case.
Prostitution Laws in New York State
Under New York Penal Law 230, a person is guilty of prostitution when they engage or agree to engage in sexual conduct with another person in return for a fee. The crime applies to both the seller and buyer of sexual services.
Penalties vary based on the number of prior prostitution convictions, but at minimum prostitution is a Class B misdemeanor punishable by up to 3 months in jail and a $500 fine[1]. Patronizing a prostitute is a Class A misdemeanor punishable by up to 1 year in jail and a $1,000 fine[2].
Promoting prostitution in the third degree involves knowingly advancing or profiting from prostitution. This is a Class D felony punishable by up to 7 years in prison and a fine up to $5,000[1].
There are also laws against sex trafficking and compelling prostitution, which bring even harsher punishments.
Common Defenses Against Prostitution Charges
An experienced criminal defense attorney can evaluate the details of your case and build a strong defense to fight the charges. Here are some potential defenses they may use:
- Entrapment – This argues that you would not have broken the law if not induced to do so by police. For example, if an undercover cop persistently tried persuading you to pay for sex.
- Misidentification – Mistaken identity is possible, especially in sting operations. Your lawyer can argue the police arrested the wrong person.
- No Agreement – The crime requires an agreement to exchange sex for a fee. If that agreement didn’t actually occur, it weakens the prosecution’s case.
- No Sexual Conduct – Certain acts like lap dances, phone sex or nude modeling may not meet the definition of “sexual conduct” under the law.
- Constitutional Violations – If police violated your rights, any evidence obtained illegally could be suppressed. For example, an unlawful search or detention.
A skilled criminal defense lawyer will thoroughly analyze the arrest, search procedures and other details to identify potential defenses.
Why Hire an Experienced Westchester Criminal Defense Attorney?
Facing criminal charges is scary, but a good lawyer can guide you through the process, protect your rights, and work to achieve the best resolution. Here’s how an attorney can help:
- Negotiate Dismissals or Reduced Charges – An experienced negotiator may be able to get charges dropped or reduced through plea bargaining. This avoids harsh penalties and a permanent criminal record.
- Challenge Incriminating Evidence – If evidence was obtained illegally, your attorney can file motions to have it excluded from the case. This often weakens the prosecution.
- Advocate for Alternatives to Incarceration – Jail time may be avoided through programs like community service, counseling or rehabilitation. A lawyer knows how to pursue these options.
- Avoid Collateral Consequences – Beyond jail time, a conviction can impact your job, education, immigration status and more. An attorney fights to minimize collateral damage.
- Navigate the Legal System – The criminal justice process is complex, with many deadlines, documents and procedures. A lawyer handles all these details for you.
- Negotiate Plea Deals – Most cases end in plea bargains. An experienced negotiator gets you the best deal possible.
- Provide an Aggressive Defense at Trial – If a trial is needed, your lawyer will thoroughly prepare and fight for acquittal before a judge or jury.
Finding the Right Westchester Criminal Defense Lawyer
If you’re facing prostitution or patronizing charges, it’s critical to have an assertive lawyer in your corner. When choosing legal counsel, look for these key traits:
- Specialization in Criminal Defense – You want an attorney focused specifically on criminal law, not a general practitioner. Check credentials and associations like the National Association of Criminal Defense Lawyers[3].
- Familiarity with Local Courts and Judges – Understanding the local legal culture is invaluable. Look for a lawyer experienced in your particular courthouse.
- Track Record of Success – Check case results and client reviews to verify a proven record of favorable outcomes. Avoid unproven lawyers.
- Reputation for Ethics – Choose a lawyer known for integrity. Unethical tactics like witness tampering can backfire.
- Clear Communication Skills – You need an attorney who listens and explains the law in understandable terms.
- Affordable Legal Fees – Rates can vary widely, so compare options to find high-quality representation at a fair price.
- Compatibility – Most importantly, choose a lawyer you feel comfortable with and can trust completely with sensitive details.
By investing time to select the right criminal defense lawyer, you put yourself in the best position to fight the charges and protect your future. Don’t take chances with your freedom and reputation – let an experienced attorney handle these extremely serious accusations.
Where to Find Top Prostitution Defense Attorneys in Westchester County
Fortunately, Westchester County is home to many exceptional criminal defense lawyers with proven track records of success. Here are several top-rated local attorneys to consider:
- Michael H. Joseph, PLLC – Based in White Plains, attorney Michael Joseph is a former Senior Assistant District Attorney with over 25 years of criminal law experience. He has successfully defended numerous prostitution and patronizing cases, and is known for his aggressive advocacy and trial skills[6].
- The Tilem Law Firm – With offices in White Plains and Manhattan, Tilem & Associates provide experienced legal representation for prostitution charges. Founding attorney Peter Tilem is a nationally-recognized trial lawyer[3].
- Stewart McMillan – Former Westchester prosecutor Stewart McMillan now puts his insider knowledge to work defending clients facing prostitution, sex trafficking and other serious charges. He has offices in White Plains and Manhattan[1].
- Jeffrey Lichtman – High-profile NYC attorney Jeffrey Lichtman handles state and federal criminal defense cases across New York, including in Westchester. He has successfully defended many prostitution charges[2].
- Gerald B. Lefcourt – Based in Manhattan, Lefcourt is one of the most prominent criminal defense lawyers in New York. He frequently represents clients facing prostitution allegations in NYC and surrounding counties[4].
What to Expect at Your Initial Consultation
Once you’ve hired a criminal defense lawyer, your first meeting is crucial for starting to build an effective defense. At this initial consultation:
- You’ll discuss the accusations in-depth so your attorney understands the situation
- They’ll explain your legal rights and options. Don’t hesitate to ask questions.
- Your lawyer will identify strengths and weaknesses in the prosecution’s case.
- They’ll suggest possible strategies and defenses to fight the charges.
- You’ll talk about the lawyer’s experience and credentials. Make sure you’re comfortable working together.
- Ask about legal fees and whether payment plans are available. Get fee details in writing.
- Be completely honest about all case details so your lawyer can provide accurate advice. Everything you share is confidential.
This meeting establishes trust and communication essential for attorney-client relationships. You’ll gain insight into how skilled counsel can defend your rights.
Take a Proactive Stance Against the Charges
Being accused of prostitution or patronizing a prostitute can jeopardize your reputation, freedom and livelihood if not properly defended. Don’t wait to seek experienced legal counsel – the sooner your lawyer gets involved, the faster they can start building your defense. With an aggressive criminal defense attorney on your side, you can take a proactive stance against the charges and work to achieve the best possible outcome under the circumstances.
References
[1]
https://www.stewartmcmillanlaw.com/prostitution-patronizing-a-prostitute.html
[2]
https://jeffreylichtman.com/westchester-county-criminal/prostitution-lawyer/
[3]
https://www.tilemlawfirm.com/mamaroneck-prostitution-attorney.html
[4]
https://cdn.ymaws.com/www.napaba.org/resource/resmgr/2015_NAPABA_Con/CLE_/200s/203_NAPABA2015CLE.pdf
[5]
https://www.nittanyturkey.com/2005/07/25/was-100-million-worth-it/
[6]
https://www.newyorktriallawyers.org/criminal-defense/prostitution