Sex Crimes Defense Attorney in San Diego
Sex crimes are aggressively prosecuted in San Diego. Early intervention is extremely important. The investigating detective will make efforts to build a case for guilt, and those charged with sex offenses should not give the government a head start in the battle likely to ensue. A sex crimes lawyer can intervene by halting harmful communication between the detective and the client. Additionally, by discussing the case with the detective, a lawyer can often keep the detective from getting enough evidence to justify a prosecution. Next, an experienced sex crimes attorney will discuss the matter with the District Attorney's office and hope that charges are not filed. In the event that charges are filed, the defenses and motion issues must be carefully evaluated. Confronting witnesses at the preliminary hearing and trial requires skill, passion and a strong understanding of the law, psychology and rules of persuasion. If you or a loved one has been arrested, charged or may be under investigation for a sex crime in San Diego County, Riverside County, Imperial County, Orange County or LA County, do not wait to get an attorney to fight for your rights and freedom. You can be sure there are police and prosecutors already working hard to lock you up.
Another important aspect to note about sex crimes is the longer statute of limitations that may be involved. Most misdemeanor offenses have a one year statute of limitations, and most felonies three years. With certain sex offenses, however, especially those involving minors the statute of limitations may be longer. San Diego Indecent Exposure Lawyer Showing privates in public is a crime in California, pursuant to PC 314. A first offense is a misdemeanor, punishable by up to 6 months in county jail and a fine of up to 1000. Subsequent offenses can be treated as a felony, punishable by up to three years in prison. Indecent exposure is sometimes improperly charged when there is no one around and/or the act is not lewd and willful, as required for a conviction by the statute. An additional consequence of a conviction under this section is the requirement to register as a sex offender. Getting a charge reduction to public urination, disturbing the peace or trespassing is a way to possibly avoid this requirement. It is a serious charge, and having an experienced San Diego Criminal Defense Attorney on your side is imperative. San Diego Lewd Acts in Public Lawyer California PC 647(a) prohibits lewd acts in public. Lewd acts can be charged against a single defendant or multiple who are engaged in the activity. Lewd acts in public is a misdemeanor, but still a serious offense and worth fighting. Frequently the charges can be reduced to trespass or disturbing the peace to keep your record clean of embarrassing sex-related charges. San Diego Rape Attorney Penal Code Section 261 is California's rape statute. One of the most serious crimes in California, rape is prosecuted very aggressively. Very few rape accusations fall into the typical "stranger rape" scenario that most people envision when they think of rape. The harsh penalties for rape likely have that scenario in mind, but most rape cases involve a murky consent issue, often paired with drugs or alcohol. Related serious sex offenses include: spousal rape (PC 262), Oral Copulation by Force (PC288a). Rape can carry a sentence of up to eight years in prison. Rape of a minor is punishable by up to 11 years, and rape of a child under 14 is punishable by up to 13 years in prison. Rape is a very serious allegation, but there are defenses. Sometimes, these allegations are false. There are several motives for a false rape accusation. A complaining witness cannot withdraw consent after the fact, if they consented to intercourse at the time. Regretful consent is still consent. If you or a loved one is facing rape charges or is under investigation in a rape allegation, contact an aggressive San Diego Criminal Defense Attorney now for a free consultation and to get started protecting your rights and your liberty. San Diego Statutory Rape Lawyer California's age of consent is 18. While some other jurisdictions have close-in-age provisions that would permit a 19 and 17 year old, for example, to lawfully engage in sexual intercourse, California does not recognize the ability of a minor (anyone under 18) to consent to sex. This means that even two minors are each guilty of statutory rape for engaging in seemingly consensual sex. Statutory rape is a "wobbler" which means that it can be filed as a misdemeanor or as a felony. The District Attorney's office will decide whether to file the case as a misdemeanor on the basis of several factors including the age difference, age of the victim, whether a position of power exists in the relationship (e.g. student-teacher), the defendant's criminal history and more. This is certainly the kind of case where early intervention by an experienced sex crimes lawyer can help achieve a much better outcome, from avoiding a filing in the first place, to getting a misdemeanor instead of a felony if the evidence is too strong to win. California also offers a reasonable mistake of age defense. In many jurisdictions the statutory rape laws are strict liability, but Californians charged with statutory rape may assert a defense if they thought the "victim" was under 18 and it was reasonable for them to think that. This is not a bright line standard, and is a difficult defense to win. San Diego Sexual Batter Attorney Sexual battery (PC 243.4) occurs when someone touches the intimate parts of someones body for the purpose of arousal, gratification or abuse. Sexual Battery is a "wobbler" and can be charged as a misdemeanor or felony. A conviction of felony sexual battery can carry a prison term of up to four years. Confronting the accuser's story and effectively cross-examining the police officer can help to show inconsistencies in the government's case, exposing false accusations and raising doubt as to the guilt of the defendant. San Diego Lewd Acts with a Child Attorney Society's most condemned crimes involve children and sexual abuse. Pursuant to PC 288, it is unlawful to engage in lewd or lascivious acts with a minor, often referred to as child molestation. Lewd and lascivious acts are defined as sexual or indecent acts that are offensive in any way. Those charged with lewd acts with a child face either 8 years (no force or fear) or 10 years (when force or fear are alleged) in California State Prison. If the minor in question was 14 or 15, the crime may be treated as a "wobbler" meaning that it can be filed as a misdemeanor or a felony. PC 288.5 imposes very harsh penalties for continuous sexual abuse of a minor, punishable by up to 16 years in prison. With such serious charges, and the very aggressive prosecution of child sex crimes, having a skilled San Diego Criminal Defense Attorney on your side is absolutely imperative. San Diego Child Pornography Lawyer Possession of child pornography (PC 311) is a very serious offense, and one that is harshly prosecuted by both the state and federal prosecuting agencies in Southern California. Possession of child pornography cases have many defenses, including: (1) the material belongs to someone else, (2) the material is not child pornography (for scientific purpose, actually an adult who looks like a child, (3) the defendant accidentally came to possess the child pornography (i.e. by accident). Additionally, a lawyer can try to suppress evidence found as the result of an unlawful search, and argue entrapment by police in cases involving undercover police sting operations. Possession of child pornography is a "wobber" (can be filed as a misdemeanor or felony) and is punishable by up to 6 years in prison, and lifetime sex offender registry. San Diego Sending Harmful Matter to a Minor Lawyer PC 288.2 makes it a crime to send "harmful matter" to a minor for the purpose of arousing oneself or the minor, and with the intent of seducing the recipient-minor. PC 288.2 is a "wobbler" and may be filed as a misdemeanor or felony. As a felony, it carries up to 3 years in prison and sex offender registration requirements. San Diego Prostitution and Pimping Lawyer PC 647(b) makes it a misdemeanor to engage in prostitution or to solicit prostitution from another person. Pimping, pursuant to PC 266h is a very serious offense, and is a felony punishable by up to 6 years in prison. Pimping a minor can carry up to 8 years. Prostitution and pimping offenses have many defenses, including entrapment, lack of intent, mistake of fact and much, much more. Consult with a lawyer to discuss your particular case in detail and figure out your best defenses and case strategy. More information about California's Prostitution and Pimping Laws. San Diego Sex Offender Registry Attorney Penal Code 290 requires certain sex offenders to register as sex offenders, notify neighbors of their conviction and keep their address on file. Failure to register is a crime in and of itself. Ending sex offender registry is possible through a certificate of rehabilitation. If you are required to register as a sex offender, consult with a San Diego Criminal Defense Lawyer to see if you may qualify for ending your registration requirement. If you or a loved one has been charged with a sex crime in San Diego, it is important that you understand the severity of the charge. There are defenses and you need a passionate, aggressive criminal defense lawyer to fight for your rights and your liberty. Your case needs to be carefully assessed and attacked from early on in the process. Call Now for a Free Consultation with a San Diego Criminal Defense Attorney. 619-550-4422
0 Comments
Your comment will be posted after it is approved.
Leave a Reply. |