New York Prostitution Crimes and Immigration Consequences
While Prostitution offenses are probably less common than Crimes Involving Moral Turpitude, for example, there is no correlation between frequency of an offense and its potency in the realm of immigration consequences. That is, an arrest and ultimate conviction for one of New York’s many Prostitution crimes will demand not only your criminal defense attorney’s attention to the Penal Law, but your lawyer’s analysis of how a plea or conviction could impact future inadmissibility or your current status as an H1B, F1, permanent resident, or green card holder. In fact, because one crime can fall into different categories of immigration implications, your arrest for a Prostitution crime may not invoke an immigration issue on its face, but may be deemed a Crime Involving Moral Turpitude. As such, you will dodge one legal bullet, but be struck down by another.
Simply, there is too much at stake to shrug off an arrest relating to Prostitution as a foreign national whether you are sent to Central Booking in Manhattan, Brooklyn, Queens or the Bronx or you are given a New York City Desk Appearance Ticket.
- Crimes Involving Moral Turpitude (CIMT) and Your Immigration Status
- Aggravated Felonies and Your Immigration Status
- Controlled Substance Crimes and Your Immigration Status
- Crimes Against Children and Your Immigration Status
- Domestic Violence Crimes and Your Immigration Status
- Firearm Crimes and Your Immigration Status
Some escort services are “high end” and charge their clients fees that would make partner’s at New York’s largest law firms blush. Other prostitutes advertise on CraigsList.Com or BackPage.Com. Big or small, professional or occasional, it’s really of little consequence. While the record is important, avoiding a plea and allocution is that much more relevant. What the Federal Government and ICE will look out for is whether you engaged in intercourse, for example, in return for a fee or you promoted and furthered a prostitution crime. In these scenarios instead of being the prostitute or “john”, your actions may be deemed more in line with being a pimp, madam or an individual who housed, marketed or advanced the prostitution enterprise in another way. Do not be misled. Your conviction may be one solely of Prostitution, but it may impact your future admissibility or be considered an Aggravated Felony or Crime Involving Moral Turpitude whereby deportation is a possibility. Be careful. Educate yourself as you consider a plea or deal. Take the time to vet your case with your own criminal defense lawyer, and if necessary, immigration attorney. Your defense may be more of a marathon then a sprint, but one mistake can alter the trajectory of your life as you know it.
In New York there are numerous misdemeanors and felonies that fall under the Prostitution umbrella. Each of these may or may not expose you upon a conviction to potential incarceration, but there will almost certainly be collateral consequence. As noted above, depending on whether the crime is deemed one of Prostitution, Crimes Involving Moral Turpitude, Crimes Against Children, or even an Aggravated Felony, the outcome of future inadmissibility or even deportation may come into play. Some of the crimes warranting further review and attention include:
- Misdemeanor Prostitution: New York Penal Law 230.00
- Misdemeanor Fourth Degree Patronizing a Prostitute: New York Penal Law 230.03
- Misdemeanor Fourth Degree Promoting Prostitution: New York Penal Law 230.20
- Felony Third Degree Promoting Prostitution: New York Penal Law 230.25
- Misdemeanor Permitting Prostitution: New York Penal Law 230.40
Not an exclusive list of all crimes that might expose an accused to future inadmissibility or deportation, the short list above is a jumping point to better understand the crimes and their very real immigration consequences. Additionally, the information contained through the Saland Law websites and blogs can assist and provide you with the education and background necessary to best identify and implement your strongest defense with your criminal lawyer.
Protect not only your clean criminal record, but the record of the criminal proceeding. Fight as vigorously and zealously as you can to challenge evidence and mitigate conduct. Articulate your best and strongest defense to minimize the likelihood that you will face deportation or to prevent inadmissibility. Don’t let one bad night, bust in a police department sting or lapse of judgment embarrass you, your family and leave you unable to work, stay in or return to the United States.
Contact the New York criminal lawyers and former Manhattan Assistant District Attorney’s at Saland Law and let experience, knowledge and advocacy be your shield and protector.
Call the New York criminal lawyers and former New York City prosecutors at (212) 312-7129 or contact us online today.