Safe Havens

            To avoid a prostitution conviction, it may be possible in some cases to enter a plea to a minor offense such as disturbing the peace, a common agreement in California cases in which a defendant is charged with soliciting an act of prostitution.  This minor offense, however, has only a 90-day maximum sentence, whereas the soliciting offense has a standard six-month maximum.  Another safe haven offense would be public nuisance — obstructing traffic,[146] which would not be considered a crime involving moral turpitude since it is essentially blocking traffic, a classic regulatory offense.  See § 7.108, supra.  Neither disturbing the peace nor blocking traffic fall clearly within any category of aggravated felony, and since no domestic relationship is required to be convicted of these offenses, they should not qualify as crimes of domestic violence.

[146] E.g., California Penal Code § 372.