California Sex Crimes Attorney
Have you been charged with a sex crime in California? Get in touch with a California sex crimes attorney who will fight for you, no matter what the circumstances are surrounding your case.
Getting charged with a sex crime in California is a serious matter. Depending on the alleged crime, a conviction could result in years behind bars, hefty fines, and other life-altering consequences.
If you are dealing with sex crime charges, then the best thing you can do is learn more about what could possibly happen as well as hire an experienced sex crimes attorney to work hard for you. Then, you’ll have the greatest chance of getting your charges dropped or reduced.
“I felt like i was in nightmare. Chris literally saved my life.” – Jesus L.
What Is a Sex Crime?
Sex crimes are any illegal acts that are related to sex. They can involve threatened or actual harm to an alleged victim and can be prosecuted on a state or federal level, depending on the severity of the crime. In California, if you’re convicted of certain sex crimes, you will need to register as a sex offender.
Here are the types of sex crimes that exist in California, along with their penalties.
In California, rape is defined as sexual intercourse with another person that occurs against the victim’s will and the victim was not able to give consent. Rape is a felony, and you could go to prison for three, six, or eight years, as well as be required to pay a fine of up to $10,000 and register as a tier-three sex offender for life. You’ll also receive a strike on your record – in California, there’s a three strikes law, and if you have three felonies on your record, you could receive a mandatory life term in prison.
It can be very difficult for a prosecutor to prove that a rape occurred. Finding evidence of rape can be tricky, and there is a large burden on the alleged victim to show that they did not consent.
Statutory Rape or Sex With a Minor
It is illegal to have sex with a minor who is under 18 years of age, and it is classified as statutory rape. Even if a minor consented to sex, it does not count, since legally, they are not able to give consent.
This is a wobbler offense, which means that it could be a misdemeanor or a felony. One factor that will determine whether you get charged with a misdemeanor or a felony is the age difference between you and the alleged victim. For instance, if you were 19 and the alleged victim was 17, that’s not as big of an age difference as someone who is 25, and the alleged victim is 16.
If you are no more than three years older then the alleged victim, then you’ll be charged with a misdemeanor. If you are more than three years older, than you could be charged with a misdemeanor or a felony. If you are 21+ and the alleged victim is under 16 years of age, you could be charged with a misdemeanor or felony. Keep in mind that the prosecutor does not have to show that force was used during intercourse in order for it to be called statutory rape.
The misdemeanor penalties include up to one year in county jail, up to $1,000 in fines, and summary probation. The felony penalties include probation, up to one year in county jail or 16 months, two years, or three years behind bars, and up to $10,000 in fines.
In your defense, you could say you did not know the alleged victim was a minor or that the alleged victim who is accusing you is making a false claim.
While rape is a form of sexual assault, it’s not the only sexual act that is classified as sexual assault. In California, sexual assault, which is also called sexual battery, occurs when one person touches another person’s intimate parts like their genitals, buttocks, or breasts against that person’s will, and because they specifically wanted to achieve some sort of sexual gratification. Sexual assault can range from grabbing another person’s butt to kissing them or rubbing their genitals without consent.
Sexual assault is a wobbler crime, which means it can be a misdemeanor or a felony. Charges could be classified as a felony if the alleged victim was unlawfully restrained, unaware of the act that was happening, or seriously disabled or medically incapacitated. If you’re charged with a misdemeanor, you could go to jail for up to six months or one year and pay a fine of up to $2,000 or $3,000 if you employed the alleged victim. You will also have to register as a tier-one sex offender for a minimum of 10 years. If you’re charged with a felony, you could go to prison for two, three, or four years, as well as pay up to $10,000 in fines. You will likely have to register as a tier-three lifetime sex offender. If you were an accomplice to a sexual assault, you could also face severe penalties.
Defenses to sexual assault include getting consent from the alleged victim and not having sufficient evidence that the sexual assault actually occurred. There could also be a lack of evidence proving the event happened.
“From the moment I met Chris, I knew I was in good hands.” – Kevin H.
In California, it is illegal to possess child pornography or produce, advertise, or send it. Child pornography includes any images, computer files, or videos that show someone under 18 years of age engaging in a sexual act that is either simulated or real.
It is a wobbler offense, which means it can be charged as a misdemeanor or a felony. If you’re charged with a misdemeanor, you could go to county jail for up to one year and have to pay up to $2,000 in fines. If you’re charged with a felony, you could be sent to state prison for between 16 months and eight years and pay fines of up to $100,000. You might also have to register as a sex offender for the rest of your life.
In your defense, you could say that you did not know you were looking at child pornography and thought the actors were of age, you clicked a bad link, or you accidentally downloaded malware on your computer, and it contained child porn in it.
Contact California Sex Crimes Attorney CBS Law
If you’ve been charged with a sex crime in California, this could have devastating effects on your life. But with the right representation like CBS Law on your side, you could possibly get your charges reduced or dropped altogether.
In one sexual battery case, a CBS Law client was facing a max incarceration of two years. California sex crimes attorney Chris Bou Saeed was able to get his client time served and no registration as a sex offender.
Want to learn more about what CBS Law can do for you? Then contact us for your free 60-minute consultation by calling (213) 800-8005 or getting in touch on our website. CBS Law is here for you 24/7, and we’ll work hard on your case to ensure justice is served. We are looking forward to helping you with your sex crime charges in California.
Do NOT speak to law enforcement or investigators about your sex crimes, as that information can and will be used against you in a court of law.
Christopher J. Bou Saeed Founding Attorney of CBS Law