California Sex Crime Defense
In the state of California, sex crimes can either be classified as felonies or misdemeanor. These cases include everything from sexual harassment to rape. Being accused of a sex crime can be a stressful situation for anyone and a conviction can carry serious implications, such as lifetime registration as a sex offender. If you or someone you know is being accused of a sex crime, obtaining the support of an experienced criminal defense attorney can be incredibly helpful. The attorneys at Milligan, Beswick, Levine & Knox, LLP can provide the aggressive representation you need.
At Milligan, Beswick, Levine & Knox, LLP, the experienced team of attorneys understand that oftentimes, police can make arrests based on mistaken identity, false accusations, and even misunderstandings. For these reasons, the firm fights strategically and aggressively for the rights of its clients. To understand more about how the firm can help you fight your case, consider scheduling a no-cost initial consultation with the firm today.
Common Sex Crimes in California
In California, sex crimes could include the following: Rape, Prostitution, Lewd conduct, Child sexual abuse, Solicitation of prostitution, and Failure to register as a sex offender.
The Consequences of a Sex Crime Conviction in California
Aside from serving prison time, the conviction of a sex crime in California can require registration as a sex offender. As of January 1st, 2021, the State of California established a three-tier sex offender registration system. Under this new method of sex offender registration, many sex offenders in the state will no longer have to register as sex offenders for life.
Under the new law, sex offenses are now categorized based on the severity of the crime and their ability to petition for removal from the sex offender registry will depend on the tier in which they have been placed.
Tier 1: This tier requires offenders to register for 10 years or if they are minors, for 5 years. Starting July 2021, those who have served their minimum 10-year requirements can seek removal from the registry.
Tier 2: Offenders placed under tier two will have to remain in the registry for 20 years or 10 years if they are minors. Like tier one, the offenders placed in this tier can seek removal from the registry if they have served the 20-year requirement.
Tier 3: Those convicted of a tier three crime will not be able to seek removal from the sex offender registry.
Aside from having to register as a sex offender, when the conviction is for felony charges, the following consequences may be added: Inability or difficulty in getting the case expunged, An obligation to disclose the case and conviction on applications for employment, and A permanent ban on firearm licensing and other state professional licenses.
Possible Defenses to California Sex Crimes
Sex crime defenses in California can include, but are not limited to: The act of sexual nature did not occur, The act of sexual nature was consensual, The defendant is a victim of false accusations, The defendant had reasonable reason to believe that the act was consensual, The defendant was a victim of mistaken identity, and There is insufficient evidence about the allegations.
It is important to note that in California, intoxication is not a valid defense to a sex crime when the intoxication was voluntary.
Strategies for Defending Against a Sex Crime in California
Criminal defense attorneys often wait to get started on a case until there have been formal charges filed. When it comes to accusations of sexual misconduct, early intervention is often necessary. Strategies used to defend against crimes of sexual nature can include the following: Negotiating with the arresting law enforcement agency, A thorough investigation of the witness or accuser, Private polygraph testing, Plea bargaining, Pre-trial motions and advocacy, Fight the case in trial, and Presenting mitigating factors.
Obtain Qualified Legal Support As Soon As Possible
Facing sex charges can be stressful but for good reason – sex crime convictions in California can have lifelong implications, including registering as a sex offender for a very long time. People who have been convicted of first and second tier crimes can now petition the court to have their names removed from the registry if they have met the mandatory minimum requirements. Those who committed third tier crimes will not be allowed to remove their names from the sex offender registry as their crimes are considered more serious.
If you or a loved one is facing sex crime charges in California, it is absolutely necessary to obtain the qualified support of a criminal defense attorney who has experience in handling these cases. With the right support, the charges may be lessened or dropped altogether.
Milligan, Beswick, Levine & Knox, LLP is highly skilled in criminal defense cases, including crimes of sexual nature. When facing sex crime charges, taking immediate action is highly recommended. Consider scheduling your free consultation with the well-respected criminal defense attorneys at Milligan, Beswick, Levine & Knox, LLP today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.