If you have been accused of a sexual offense, obtaining the services of an experienced criminal defense lawyer is essential. Prosecution for these types of crimes is often extremely aggressive in the United States, and those facing allegations can suffer serious consequences like loss of social standing and negative public opinion—even without conviction. California Penal Code 290 requires lifetime registration as a sex offender for certain offenses, making it impossible to escape a past accusation. It is sadly possible that someone can be falsely charged with sexual offenses even if there is no proof or evidence involved.
Prosecutors who specialize in sex crime cases commonly pursue severe sanctions for these offenses. If convicted, the judge has a broad selection of punishments they could impose, including jail time, fines, probation or parole, and necessary treatment. Depending on the crime committed, the defendant might be obligated to register as a sexual offender potentially for life. Therefore it’s crucial to obtain a highly qualified and assertive Monterey sex crimes attorney rapidly. The Tabibnia Law Firm’s Monterey criminal defense lawyer have had abundant experience handling sexual offense matters over many years.
What Is a Sex Crime
The term “sex crime” describes a variety of offenses in the state of California. Rape, sexual assault, and prostitution are all forms of sex crimes. Monterey sex crimes attorney often defend clients against misdemeanor and felony charges, including :
- California Penal Code 288 – Lewd Acts with a Minor
- Penal Code 288a – Oral Copulation
- Penal Code – 288.4 – Arranging a Meeting with a Minor to Commit a Lewd Act
- Penal Code 289(a)(1) – Forcible Penetration with a Foreign Object
- Penal Code 261(a)(1) – Rape
- Penal Code 261.5(c) – Statutory Rape
- Penal Code 266(e) – Carnal Abuse of Children
- Penal Code 311.1 – Possession of Child Pornography
- Penal Code 647.6(a)1 – Child Annoyance
- Penal Code 261.5 – Unlawful Intercourse With A Minor or “Statutory Rape”
- Penal Code 243.4 – Sexual Battery
- Penal Code 314 – Indecent Exposure
- Penal Code 647(a) – Lewd Act In Public
- Penal Code 647(b) – Solicitation of Prostitution
- Penal Code 653.22 – Loitering for Prostitution
- Penal Code Section 653.23(a) (2) – aiding a prostitute
- Penal Code 290(b) – Failure to Register as a Sex Offender
The following is a list of other related Penal Code Sections concerning sex crimes:
- Penal Code 261(a)(2) – Forcible rape
- Penal Code 261(a)(3) – Rape by use of drugs
- Penal Code 261(a)(4)– Rape of an unconscious person
- Penal Code 261(a)(6) – Rape by threat of harm
- Penal Code 262 (a)(1) – Spousal rape
- Penal Code 264.1 – Forcible rape while acting in concert
- Penal Code 266h(a) – Pimping
- Penal Code 266h(a)– Soliciting a prostitute
Let’s take a closer look at the most common types of sex crimes below.
Sex Crimes Against Minors
An accusation of a sex crime against a minor can evoke strong emotions in people. Because of these emotions, law enforcement and prosecutors can sometimes find it difficult to retain their objectivity. In this regard, many innocent people have been investigated, arrested, and even convicted as a result of this rush to judgment. Sex crime allegations in Monterey may begin with a pretext phone call – wherein the alleged victim or undercover law enforcement call the suspect and get them to “admit” to wrongdoing. If you are being investigated for a sex crime against a minor, you may receive a phone call from the alleged victim or their friend or family member, trying to get you to admit guilt while a sex crime detective listens in. Sometimes, the call will come from an undercover officer. Any statements you make during these calls may be used as evidence against you.
If you are under investigation for a sex crime involving a minor, it is important to refrain from making any statements and immediately contact our experienced Monterey sex crime defense attorney. Our attorney will work tirelessly to ensure that your rights are protected and that you obtain the best possible outcome.
Internet Sex Crimes
Technology has completely changed the way we communicate. The internet, social media sites and mobile apps have given us many ways to communicate without revealing our identities. In November 2004, Dateline NBC’s “To Catch a Predator,” the first reality television series devoted to catching sexual predators online, debuted on network TV. This series of crimes captured the attention of the public and lawmakers and played a role in the enactment of a new law in 2006, Penal Code section 288.3(a). Under Penal Code 288.3(a) and Penal Code 288.4 (a), persons who attempt to arrange meetings with minors in order to commit lewd acts are guilty of a felony. Conviction for either of these sex offenses means you will have to register as a sex offender.
There are many other forms of internet-based sexual crimes, such as possessing or distributing child pornography( Penal Code 311), arranging to meet a minor for sexual acts ( Penal Code 288.4, and sending nude images to a minor for the purposes of seduction ( Penal Code 288.2). If you have been contacted by a sex crime detective or have had a search warrant executed on your electronic property, you should not make any statements, and immediately contact sex crime lawyer with experience and expertise in defending internet sex crimes in Monterey.
Misdemeanor Sex Crimes
In Monterey, not all sex crimes are considered “straight felonies.” California sex crimes such as Indecent Exposure, Unlawful Intercourse with a Minor (Statutory Rape), and Sexual Assault and Sexual Battery are all “wobbler offenses,” which means that each of them can be prosecuted—depending on the circumstances of the individual case—as either felony or misdemeanor sex crimes. Whether you are convicted of a felony or misdemeanor depends on factors such as your prior criminal record and whether any aggravating circumstances exist. Some Monterey sex crimes, such as Lewd Act in Public, Child Annoyance and Prostitution are often charged as misdemeanors. Although misdemeanors are viewed as less serious than felonies, in Monterey a misdemeanor sex crime can have some of the same consequences as a felony—including incarceration. But the most devastating part of being charged with any kind of sexual offense is potential sex-offender registration, which may follow you for a long time and make it difficult to find work or housing.
Felony sex crimes
The most serious crimes prosecuted in Monterey are sex crimes. Offenses such as Rape, Sodomy, Lewd Act with a Minor Under 14, Penetration with a Foreign Object, and Oral Copulation are felony sex crimes which carry lengthy California State Prison sentences and mandatory sex offender registration. Under Megan’s Law, sex offender registration would subject you to inclusion on the national and California sex crime registries. As such, the impact of a felony sex crime conviction can be devastating and long-lasting. Cyrus, Monterey sex crime lawyer has years of criminal litigation experience, which he put to work for you: securing a plea agreement that will keep you off the sex offender registry—or winning your acquittal at trial.
PENALTIES FOR SEX CRIMES
The prosecution will push hard to obtain a conviction, and they often ask for the harshest penalty allowed by law for your sex crime. Penalties for sex offenses can vary widely, depending on the specific offense, whether you have a prior criminal record and other factors. After a conviction for a sex crime in Monterey, the defendant might be subject to any number of punishments, including:
- Imprisonment in a county jail or state
- Probation, including community service, counseling, rehabilitation, and other requirements, as seen fit by the court
- Parole, and/or
- Mandatory sex offender registration.
A sex crime conviction could have serious repercussions to your personal and professional life. For example, you might find that it’s difficult to get a job or you may lose your professional license. Finding housing may also prove more difficult if you are a registered sex offender.
Additionally, you may lose your right to own or possess a firearm. You could potentially lose custody and visitation rights to your children. And may lose certain government benefits.
There are many consequences associated with a sex crime conviction in California. For many sex crimes, a conviction can result in the defendant being required to register as a sex offender. In California, there are three levels of sex offender registration.
- Tier One: persons convicted of misdemeanor sexual battery, indecent exposure or other low-level sex crimes are required to register with their local sheriff’s office for at least 10 years.
- Tier Two: requires registration for a minimum of 20 years after a conviction for a mid-level sex offense, such as lewd acts with a minor under 14, incest, or acts of penetration with a foreign object.
- Tier Three: For many of the most serious sex crimes, including rape, child pornography and pimping a minor, registration for life is required after conviction.
Further, Meghan’s Law will put your name and criminal record in a searchable database, so that you can be easily identified by people doing background checks. For the period of time you’re required to register, and for any subsequent periods in which registration is necessary because your offense falls into one of the categories listed above (see “Eligibility Requirements,” above), you must comply with strict rules. These might include:
- Notifying the state if and when you move, within at least 5 days of doing so
- Maintaining a certain distance from schools, parks, or other places where children can be found regularly, and
- Notifying your college institution that you have been convicted of a sex crime, and registering with campus police.
If you are classified as a high-risk offender, it’s possible that your parole or probation officer will require you to wear a GPS monitoring device. Failing to register as a sex offender is also punishable by law.
If you do not satisfy your court-ordered responsibilities, you can face additional criminal charges and punishments.
A strong defense is the only way to avoid mandatory registration on California’s sex offender registry. At Tabibnia Law Firm, e has years of experience and expertise defending against sex crime charges. And he is dedicated to doing everything he can to defend your rights and protect your future. Call us today to learn more.
WHAT IF I’VE BEEN FALSELY ACCUSED OF A SEX CRIME?
Many sex crimes are prosecuted based primarily on an alleged victim’s statements. However, many of these allegations are false. Some people make statements out of hatred or revenge without any independent evidence to support their claims. There are also numerous instances of false/mistaken memories of alleged sex crimes occurring many years ago. Keep in mind that, to be convicted, prosecutors must prove that you are guilty beyond a reasonable doubt. When our lawyer represents you, he will:
- Discuss the possible motivations that may have led to false allegations;
- Ensure that the validity and legality of evidence presented to support false accusations is challenged;
- Determine if your rights have been violated in any way in an effort to get evidence thrown out or, better yet, the charges against you dropped;
- Interview character and eye-witnesses; and
- With the help of experts, gather evidence that disproves charges against you.
He will carefully examine the state’s charges against you and develop a strong defense.
Hire Monterey Sex Crime Lawyer
If you have been accused of, arrested for or charged with a sex crime in Monterey, it is important to secure legal representation as soon as possible. The Tabibnia Law Firm has experience necessary to defend clients facing such charges. Our Monterey criminal defense lawyer is a leader in the field, with years of experience handling such cases. One of her most rewarding experiences has been working on cases from both perspectives—prosecuting and defending. Who better to defend you than someone who understands how the state is likely to approach your case?
That’s why you should call our law office right away to schedule a free initial consultation.
Remember, the prosecution will begin to assemble its case against you immediately. As soon as you are charged with a crime, it’s important to get legal representation. Our Los Angeles Criminal Defense Lawyer is always available to take your call, so please contact our LA office today.