What Is The Definition Of Sex Crimes In California?
There are many different offenses relating to sex crimes that can be charged in California. Typically, most of them are felony charges. Further, many are treated as serious felony charges under the law, also known as “strikes”. Although there is no one set definition because there are many different offenses, typically the offenses involve some sort of a physical touching along with an intent to be sexually aroused or to satisfy sexual desires. In terms of the different tiers or levels, any sex offense is relatively serious. Almost all are felonies. Very few sex offenses are deemed misdemeanors in California and most of them are considered serious felonies, some carrying up to life in prison depending on the type of charge, number of charges, or number of victims. So, there is a wide array of sex crimes in California most of which carry very significant potential punishments.
What Are The Types Of Sex Crimes That Your Firm Handles?
My firm handles all types of sex crimes from misdemeanors to the more serious felony sex crimes. The specific types of sex offenses that my firm handles are lewd acts upon a child, forcible rape, aggravated rape, many different types of offenses that fall under the realm of child molestation. We also handle child pornography cases as well as human trafficking cases.
What Determines That A Sex Crime Is Going To Be A Felony Level Versus A Misdemeanor Level?
Almost all sex offenses, at least in California, are felonies. There are a few misdemeanor charges in the penal code. In my experience, whenever I see somebody charged with a sex crime, 98% of the time, if not more, it is for a felony offense.
What Is The Difference Between The State Level And Federal Sex Crime Charges?
In state court, you primarily see the offenses that involve touching along with an intent for sexual desires or arousal. Whereas in federal court, most of the cases prosecuted there are for child pornography. Charges involving possession, distribution, and production of child pornography and human trafficking cases are commonly charged in a federal court.
Once I Am Arrested For A Sex Crime, What Should I Do And What Are My Rights?
If anyone is arrested for a sex crime, they should immediately seek the advice and counsel of an experienced attorney in this field. Sex crimes are different in that they are more of a specialty area mainly due to the subject matter. It is very important to seek a qualified experienced lawyer as quickly as possible, primarily due to the seriousness or the consequences in the event things do not go right. In terms of one’s rights, one has the basic rights one has with any offense. You have the right to remain silent, you have a right to an attorney, and in these types of cases, it is probably more important than ever to remain silent and not allow yourself be interviewed by detectives or investigators.
Will Hiring An Attorney Prior To Arrest Make Someone Look Guilty?
In investigations involving sex crimes, it is imperative that somebody hire an attorney as early as possible even long before charges are filed. Most sex offenses are the result of lengthy investigations rather than the typical crime that is more of an on-the-spot type of offense. Most sex crime cases can be investigated for months if not years before they are filed. So, it is very important that someone hire an attorney at the first sign that you are even potentially being viewed as a suspect in any sex-related crime.
How Often Do You Defend Cases Where The Accuser Decides Not To Press Charges?
Typically in sex offenses, the accuser does not drive the case. The prosecutor is the agency who decides whether or not charges should be filed and pursued. However, sex crimes are a little different than most others in that there are situations where the prosecutor will adhere to the wishes of the victim not to prosecute. These types of cases are very difficult for alleged victims of a crime when it comes to testifying about the incidents. In other situations, the victim hesitates to testify clearly because the allegations are false.
For more information on Sex Crimes In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (619) 383-2931 today.