Sex Crimes Defense Lawyers in Orange County, CA

Restraint can be accomplished through force, threats, or the assertion of authority.

The sentence for a misdemeanor assault charge can include a jail sentence of up to a year and a $3,000 fine or 4 years in prison and a $10,000 fine for a felony charge.

Accidental touching is not sexual battery. Whether the touching was deliberate or accidental is sometimes the focus of a defense. In other cases, the defense focuses on whether the touching actually occurred, whether consent was given, or (in felony cases) whether the alleged victim was restrained.

• Rape: California law defines rape in different ways.
  • The most common rape accusations involve an act of sexual intercourse under one of the following circumstances:
    • The alleged victim did not consent to intercourse but submitted in response to force or threats
    • The alleged victim was incapable of consenting because of a physical or mental disability
    • The alleged victim was asleep or unconscious
    • The alleged victim could not resist due to intoxication or drug use
    • Consent was obtained by fraud

“Sexual intercourse” means penetration, no matter how slight, of the vagina or genitalia by the penis. If consent is withdrawn and the withdrawal of consent is communicated, the failure to end the act of intercourse promptly constitutes rape.

Orange County Rape Charge Defense

Defenses to rape often focus on the credibility of the accuser and on the accuser’s motive for fabricating a story about being raped. In some cases, the accused has a defense if he or she did not know and should not reasonably have known that the alleged victim was asleep, unconscious, intoxicated, or disabled.

In California, other sex crimes include:

• Child pornography
• Indecent exposure
• Pandering and prostitution offenses
• Procuring minors for prostitution
• Failing to register as a sex offender

Penalties may depend upon whether the alleged victim was young, elderly, dependent, or otherwise vulnerable. Some laws enhance penalties depending upon the alleged victim’s occupation or public position.

If convicted of any of these crimes, a defendant is facing mandatory jail time, a strike against them, and inclusion in the sex offender’s registry. The sentencing for misdemeanors varies.

Are Plea Bargains Available for Sex Crime Offenses in CA?

Plea bargains are available for sex crime offenses in California. A plea bargain is when a defendant agrees to plead guilty to a lesser crime in lieu of going to trial.

If I Am Convicted of a Sex Crime Will I Have to Be On the Sex Offender Registry List?

Generally speaking, all defendants convicted of a sex crime will be required to have their name, addresses, photo and other identifying information on the sex offender registry list for up to a lifetime. Further, even if you are not convicted of an offense that is included the Sex Offender Registration Act, the judge may in his or her discretion require you to register if it is found that the crime you committed involved sexual compulsion or sexual gratification.

1. In some instances, an attorney may help you avoid sex offender registry or lessen the amount of time you must be registered. For certain sex crimes, requiring mandatory registration has been found to be a violation of the Equal Protection right under the U.S. Constitution. An attorney may also be able to have your case dismissed after completing probation: the charge and conviction will be removed from your record, but you still must register.
2. Another option in some cases is that you may apply for a California certificate of rehabilitation which will allow you to be removed from the registry list. The final option is to file for a California Governor’s pardon which will excuse you from the registry list if you have not committed any other crime in ten years following probation, custody or parole.

California Sex Crime Offender’s List

California has one of the most expansive lists of convicted offenders in the United States. This is due to the harsh regulations it imposes for a convicted offender seeking to have their name removed, even for those who pose a low risk of repeated violation. Any person who is facing a sex crime in California needs to know that if convicted, the odds of not being included on that list are very slim and being removed from it even slimmer. They need an experienced lawyer to ensure that their future is not destroyed by the inclusion of their names on that list.

• Having your name in the California sex offender’s registry means that the convicted person must check in with the registry at least once a year and give them an accurate address. They must also inform them anytime that they change their residency.
• This will have a lasting effect on a convicted offender’s ability to find housing. Certain restrictions, such as the distance between the residence and parks or schools, can be enforced as a condition of parole or probation. Plus, unlike other felony convictions that are protected by privacy laws, the identity of an individual who has served a sentence for a sex crime is revealed openly to the public.
• Failing to register or non-compliance with the rules imposed by the registry is also a felony offense, punishable by jail time. The liberties of a convicted offender are forever restricted.
• Being on the registered offender’s list can also limit the employment opportunities available to an individual. Depending on the circumstances of the case, a registered person can be prohibited by the terms of their parole or probation from seeking employment that has the potential for their to come in contact with children. This limitation could include anything from a teacher in a grade school to a driver of an ice cream truck.

Employers and potential employers also have open access to the registry and are allowed to exercise their right to use that when making employment decisions. This can make it difficult for a convicted person to find or keep a steady job after they have served their sentence.