Apart from the legal ramifications of being arrested for soliciting prostitution, which involves asking for sex acts in exchange for money, being accused of this offense is humiliating and demoralizing. It should be noted that the act of soliciting sexual services (not necessarily sexual intercourse) is sufficient cause for arrest — you needn’t have carried out a sexual act in order to be charged or convicted of a sex crime. Also, it should be remembered that although soliciting for prostitution is most frequently an offense committed by males, a female can also be arrested for this crime.
Unlike prostitution, which is a class B misdemeanor in New York, solicitation is considered a more serious offense since it may involve coercion, threats, contact with minors, or illegal transport. If you have been arrested for soliciting prostitution in Albany, New York the first thing you should do is contact a talented solicitation attorney. The Law Office of Mark J. Sacco, located in Latham, near Albany, has a reputation for agile negotiations and vigorous courtroom tactics. Lead attorney Mark J. Sacco also has an impressive track record of success.
Benefits Of Hiring Our Albany Prostitution Lawyer
Between our in-depth knowledge of New York State law and our strategic criminal defense skills, our practice can support you during what may seem to be your worst hour. We know how high the stakes are when you have been arrested for solicitation. A conviction may involve possible jail time, threats to your employment and personal relationships, a permanently sullied reputation in the community at large, and even mandatory registration as a sex offender.
Mark J. Sacco, is a highly capable criminal defense attorney, dedicated to obtaining the best possible outcome for you, whether it is a dismissal of all charges or a plea bargain to a lesser offense.
Degrees of Solicitation in New York State
As noted, there are several degrees of solicitation you may be accused of in New York, depending primarily on the age of the person prostituting herself or himself. These include:
- Patronizing a Person for Prostitution in the Third Degree occurs when someone solicits an individual over the age of 15 for sex. This crime is a class A misdemeanor. A conviction for this offense can result in no more than one year in jail.
- Patronizing a Person for Prostitution in the Second Degree occurs when a person of 18 years or older attempts to purchase sexual services from a person under the age of 15 years. This charge is a class E felony.
- Patronizing a Person for Prostitution in the First Degree occurs when a person solicits sex from someone less than 11 years of age or when someone who is older than 18 years solicits sex from an individual who is less than 13 years of age. This charge is a class D felony.
Because soliciting a prostitute in the first degree is, according to the NYS Penal Code, a felony sex offense, it is subject to what is called “determinate sentencing.” This means that if you are convicted of this crime you must serve a minimum portion of the court’s sentence. You can, however, be paroled after serving that minimal term. If our firm is representing you, we work hard to use our extensive legal knowledge to make sure that, even if you are found guilty of this crime, you will be paroled at the first possible moment.
If, on the other hand, you are convicted of patronizing a prostitute in the second degree, a Class E non-violent felony, the court will likely treat you more leniently. While the court has the option of sentencing you to 1 to 4 years in prison, the Law Office of Mark J. Sacco is likely to be able to leverage our legal proficiency to negotiate a deal. We will fight to have you placed on probation instead of spending any time incarcerated.
Are Those Who Solicit Prostitutes Required to Register as Sex Offenders?
Although prostitutes do not have to register as sex offenders in New York State, if you are found guilty or plead guilty to patronizing a prostitute in the second or first degree, you will be required to register as a sex offender. As you may know, registering as a sex offender carries long-term limitations regarding where you may live and what kind of job you may hold.
If you have been convicted of sexual solicitation in the third degree, you are on the cusp — you will only be required to register as a sex offender if the prostitute you solicited was under 17 years of age at the time you committed the offense. You should also be aware that if you are a New York State resident and have committed a registrable offense in another state, you will have to register as a sex offender here in your home state.
When You’re in Legal Trouble, Turn to Our Albany Prostitution Attorney
As a first-class solicitation attorney, Mark Sacco is committed to protecting your rights, your freedom, and your reputation. Whether you are being falsely accused or have made a mistake you regret, you remain “innocent until proven guilty.” Once you consult with our law firm, we will listen to the facts of your case so we can strategize accordingly. We will work tirelessly to defend you from prosecution and possibly get your case dismissed. You can count on us to obtain the very best outcome. We can be reached by phone or through a contact form on our website.