A majority of sexual offenders in California, as well as those who have been convicted of certain consensual sexual offenses, are required by law to register themselves as sex offenders.
This registry gives police a way to keep tabs on convicted individuals' private lives by making their details available to the public.
However, failure to register when required to, failure to bring up-to-date your physical address or any other details with this registry promptly, or violating any other sexual predator registration requirements in the state could result in felony charges and possible prison time.
If you're uncertain of what is expected of you, particularly if you've recently relocated to another state, the Sex Crimes Attorney can assist you to avert a violation. We are knowledgeable about the specifics of the different state sexual offender registration laws and are always available to answer your questions.
However, if you are facing charges for failing to register, we can also work to get the charges against you dismissed. We are familiar with the procedures in these situations and have assisted many others in preventing the addition of a felony charge due to a registry misunderstanding or error.
The term "incest" refers to sexual activity between individuals related closely by blood. In most nations, including the U. S., incest is considered a criminal offense. State regulations on incest differ; certain states have tougher restrictions on who may or may not marry or engage in sexual activity, while some states impose harsher penalties for individuals convicted of incest.
The goal of California's incest legislation is to prevent the conception of children who could be vulnerable to severe birth abnormalities brought on by inbreeding. Incest, according to sociologists, threatens the conventional family unit. Maintaining a strong family structure could be challenging if children and parents, siblings, or any other close relatives engaged in sexual activity.
The potential life and legal consequences of a conviction for incest should be taken seriously by anyone accused of the crime. Our attorneys at the Sex Crimes Attorney have the knowledge required to back your defense against any incest charges. Contact us today!
Indecent exposure is one of the lesser sex offense charges that carry a misdemeanor-level penalty. Depending on the state, this might signify several things, but it frequently refers to going naked or engaging in sexual activity in public.
There are occasions when the phrase "lascivious and lewd acts" or a term with a similar meaning, is used to indicate a sexual offense in which indecent exposure was taken to the extreme. For example, grabbing someone's genitalia in a public place can be considered a lewd or lascivious act.
Sex Crimes Attorney can assist you in defending against these misdemeanor-level allegations so that you can avoid jail time and maintain your clean record. If you are unable to have the charges dropped, it is usually viable to have them lowered as part of a plea bargain.
The prevalence of internet sex crimes has increased throughout the years due to technological advancements. While many people think they can browse the internet with a good amount of privacy, that's not always the case. You may be the subject of a criminal probe for a long time before you find out about it.
The consequences of being convicted of an internet sex crime can be devastating to one's life, image, relationships, freedom, housing options, and career. In high-profile crimes, regardless of the circumstances surrounding your allegations or whether you were wrongly accused, your identity could always be associated with the offense.
Although forced oral sex is a kind of rape, it is typically classified legally as a separate offense called "oral copulation by force" or a phrase to that effect.
If both oral sex and sexual intercourse were perpetrated on a victim under force or duress, the offender could be convicted of oral copulation by force and rape.
Although prostitution is strictly regulated and licensed by state and local governments in Canada and a few remote parts of Nevada, it is completely illegal in practically every state and territory in the United States.
It's against the law to consent to or offer to consent to, the exchange of services, money, or anything else of value in return for sex. Prostitution-related penalties are frequently just as harsh as or even harsher than those for soliciting prostitutes. However, running a prostitution ring or pimping are the most severely punished prostitution-related offenses.
To stop people from soliciting or engaging in prostitution, police often assume the roles of either prostitutes or clients trying to contact the pimps. They also occasionally conduct raids on alleged prostitution-related establishments. However, it's simple for authorities to overstep their boundaries and engage in "entrapment" or for individuals to be detained as a result of "being in the wrong spot at an inappropriate time."
At Sex Crimes Attorney, we have extensive experience defending clients facing a variety of prostitution-related offenses. As a result, we often obtain acquittals, dismissals, and reduced sentences and charges.
Rape is defined as any unwanted sexual act that is compelled upon a person through verbal or physical coercion. Although rape is often characterized by a man committing the act against a woman, the legal definition of rape doesn't specify the sexual orientation or gender of the individuals involved. Any two or more offenders who conspire to perpetrate a rape are also equally responsible for the offense.
Additionally, it's considered rape if one sex partner forces the other to continue having sex after the sexual contact started consensually but the other partner afterward changes their mind and expresses it in a manner that a "sane individual" would understand.
Rape is the legal term for any sexual act that does not involve consent. And, if a person is mentally disabled or otherwise not able to provide sufficient legal consent, that qualifies as a lack of consent. A lack of consent can also be present if someone deliberately gets another individual drunk or drugged so that he or she can later take advantage of them and have intercourse with them.
Rape charges could be classified as misdemeanors or felonies based on the severity of the offense and the accused's prior criminal history. There are various levels of severity for the offense and matching degrees of severity for the punishments, even for a heinous crime like rape.
Sodomy has long been considered a sex offense in the US. However, since the Supreme Court rejected these laws in as much as they ban homosexual activities, they are effectively unenforceable. This applies even if they remain on the books in certain jurisdictions.
However, for decades, sodomy laws were rarely enforced against multiple individuals indulging in consenting homosexual acts and nothing else. However, most jurisdiction "sodomy" laws also prohibit anal sex, oral sex, bestiality, and other immoral and unnatural sexual acts. And in a few rare instances, individuals can still be accused of violating some of the other sodomy laws.
Sexual offenses perpetrated against minors often carry the most severe penalties. Sexual molestation of a child, sexual exploitation of a child, continuous sexual abuse of a child, and other serious offenses are tried far more often than one might think.
Punishments for sex abuse escalate if a minor is younger than 14 or if they meet additional state-imposed age requirements. The severity of the punishment increases if the adult misuses their position of trust or power to exploit the minor.
Every year, many people are wrongfully accused of sexually abusing children, and as a result of reporting requirements in place in each state, this could encourage the pursuit of unproven or false accusations. No matter how heinous the offense, a simple accusation doesn't constitute proof of guilt. At Sex Crimes Attorney, we are experienced in defending clients accused of sex crimes involving allegations of child sex abuse.
In certain jurisdictions, sexual battery and sexual assault are charged separately, with the former carrying harsher penalties. However, California law considers sexual battery and assault as the same crime. The state is free to pursue either one as a felony or a misdemeanor.
A prosecutor should demonstrate the following for the court to effectively alleges sexual assault against you:
- You made physical contact with someone's private bodily area
- You touched the individual without their consent
- You made contact with this individual to cause or receive sexual arousal or gratification, leading to sexual abuse
- You perpetrated this crime while the victim you physically contacted was illegally detained by you or another accomplice
You should be aware that you could still be found guilty of this crime even if you didn't illegally detain the victim. Our attorneys at Sex Crimes Attorney can help you understand the consequences of sexual assault and battery crime if you've been accused of the charges.
Marriage isn't a defense argument against rape charges, but spousal rape is classified as a separate offense in several jurisdictions. It can also be penalized separately, and the manner evidence is evaluated in court can differ from that of spousal rape cases.
There was a period when a spousal rape case wasn't typically charged, and it wasn't always called "rape" in many jurisdictions. However, this has changed significantly in recent decades. Sexual activity cannot be forced upon two individuals against their consent under any circumstances, even marriage.
California law considers it illegal for any adult to have sexual relations with a child. This crime is classified as a wobbler crime, meaning the state can prosecute you with either a felony or a misdemeanor if there's proof that you broke the law.
California law identifies a person under 18 years of age as a minor, while those who have reached 18 years and above as adults. But keep in mind that there could be additional age restrictions that would render you liable for this crime, and these constraints have an impact on the punishments the state would impose.
A prosecutor should demonstrate the following for the court to effectively convict you of illegal sexual conduct:
- You're not married to the alleged victim
- You allegedly penetrated the victim anally or vaginally
Unlike other offenses, it is irrelevant in this case whether you had a good faith belief that the person was of legal age. Additionally, it makes little difference whether the person voluntarily took part because, according to the law, a child is not old enough to grant consent.
Find out more about the consequences of engaging in illegal sexual activity with a child and how a Sex Crimes Attorney can help you fight the allegation.
Pre-filing investigations often entail a law enforcement officer examining the circumstances of a case to see whether the authority could recommend that the prosecution team file a case against you. During the investigation, law enforcement officers can interrogate you or eyewitnesses in your case, and they could also search your property.
During this stage, the prosecution has considerable leeway in deciding whether or not to pursue charges. This implies that a prosecutor can opt not to pursue the case further or would contact the officers to gather additional evidence if they feel that the law enforcement officers have not delivered sufficient proof.
In the "pre-filing" stage, the law enforcement officer will gather all information and submit your issue to the prosecutor's office, which will result in one of the following:
- The prosecutor will pursue legal action against you
- The prosecutor will determine whether to close the inquiry with no allegations
- The prosecutor will ask the police department to look into the matter further before referring it back for consideration
Law enforcement officers will review all of the evidence and facts in the case during the pre-filing investigation to develop a case and pursue criminal allegations against you. Due to these factors, you must be represented by a competent lawyer who can persuade the prosecution to drop the case or consider charging you with a less serious offense. For example, the lawyer could be able to convince the prosecution to file a misdemeanor charge instead of a felony.
Your lawyer will protect you from law enforcement interrogation throughout the pre-filing investigation and will keep you up-to-date about your constitutional rights while under probe. Keep in mind that any confession you give to the authorities, whether or not you're being held at the time, could be used in court against you.
Even if you haven't yet been placed under arrest and informed of your Miranda rights, you have a right to decline to respond to questions or give a statement.
