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Pimping and Pandering Lawyer Orange County
- the defendant knew that a certain person was a prostitute;
- the money earned by the prostitute supports the defendant or the defendant asks to receive payment for soliciting prostitution customers
- persuading or procuring someone to be a prostitute;
- using promises, threats or violence to cause, persuade, or encourage someone to become or remain a prostitute
- arranging for someone to be a prostitute in a place where prostitution is encouraged or allowed
- using fraud, trickery, duress or abusing a position of confidence/authority, to persuade someone to be a prostitute, to enter a place where prostitution is encouraged or to enter or leave California for the purpose of prostitution.
- Receiving, giving, or agreeing to receive or give money in exchange for persuading or procuring someone to be a prostitute or to enter or leave California for the purpose of prostitution.
Will I Go To Jail?
Possibilities & Penalties For Pimping and Pandering in Orange County
Both Pimping and Pandering are felonies in California. Pimping and Pandering are punishable by a maximum of six years in state prison and a fine of up to $10,000 with the judge being able to impose an additional fine of up to $5,000.00 depending on whether the defendant received economic gain from pimping or pandering. If a defendant is convicted of pimping or pandering a minor under the age of 18, he or she will also be required to register as a sex offender in California. Registration as a sex offender is amongst the most devastating penalties one can face because it is a stigma that will last for an entire lifetime. It requires registration with local law enforcement and your information will be posted publicly on a designated website. Pimping and pandering a minor under the age of 16 increases the potential prison sentence to a maximum of eight years in state prison regardless of whether you believed in good faith that the minor was over the age of 18.
A defendant charged with pandering a minor can also be prosecuted under California’s human trafficking laws under California’s Proposition 35 rule. Under Proposition 35, one can receive increased prison terms for human trafficking, require registration as a sex offender, require criminal fines to pay for services to help victims, and require the registered sex offender to disclose their internet accounts. In addition to all of the above, both pimping and pandering are considered crimes of moral turpitude in California which means that a conviction for any of these offenses will almost certainly lead to deportation for legal immigrants and non U.S. citizens. Finally, defendants accused of pimping and pandering for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote the gang’s criminal conduct could lead to an additional prison term of 4 years.
Pimping and Pandering Defenses in Orange County
The Criminal Defense Attorneys at the Atias Law Firm know the defenses that may help get your Pimping and Pandering charge dismissed. There are a number of defenses to Pimping and Pandering in Orange County, however the applicability of those defenses depends on the facts of your case. As you can see above, the Prosecutor has a lot to prove. We will work hard to show that any number of the requirements of the law aren’t met. For instance, we may be able to show that the defendant was entrapped as part of some law enforcement undercover sting operation in which the law enforcement officer behaves in an overbearing way which resulted in the defendant committing a criminal that he or she otherwise would never have committed. Entrapment occurs when a police officer uses pressure, harassment, fraud, flattery or threats to induce someone to engage in behavior that meets the legal definition of pimping or pandering.
Another defense may be one of self-defense in that the defendant is being falsely accused of pimping or pandering. This is an especially relevant defense when the defendant was involved in a romantic relationship with the prostitute or has a family member who is or has been a prostitute. In this case, the prostitute is looking to reduce her own criminal activity by falsely accusing the defendant as acting as a pimp or talking her into prostitution. Other defenses may be that the prosecutors do not have sufficient evidence to prove up pimping or pandering charges against you. Without audio or video evidence by a police officer, the prosecution is faced with a police officer’s testimony versus the defendant’s testimony. Given the public’s skepticism of police integrity, lack of concrete evidence can raise red flags to jurors. Pimping and pandering also requires criminal intent. Therefore, if there is a misunderstanding with regard to the communication between a defendant and alleged prostitute, one can very easily show that there was no criminal intent.