I’m charged with prostitution. Am I going to be convicted? What is my defense?
The first place to look when charged with a crime is the California Jury Instructions, or CALCRIM. These jury instructions are what judges and juries use to decide whether or not to vote guilty or not guilty at trial. Although the vast majority of cases settle or resolve with a negotiated plea bargain, it is extremely important to know what the prosecutor must prove at trial in order to know precisely how to defend against these charges long before trial begins.
1153. Prostitution: Engaging in Act
The defendant is charged [in Count ______] with engaging in an act of prostitution.
To prove that the defendant is guilty of this crime, the People must prove that the defendant willfully engaged in sexual intercourse or a lewd act with someone else in exchange for money [or other compensation].
A lewd act means touching the genitals, buttocks, or female breast of either the prostitute or customer with some part of the other person’s body for the purpose of sexual arousal or gratification of either person.
Someone commits an act willfully when he or she does it willingly or on purpose.
Whether or not you will be convicted of these charges largely depends on getting the right attorney to build a strong defense for you. We at The Hong Firm are committed to building a fierce defense for you – always in anticipation of trial.