Fullerton Sex Crimes Attorney
Are you charged with a sex crime and have a court appearance at the North Justice Center? Don’t make the mistake of thinking that because you didn’t actually commit the sex offense, the California criminal justice system will recognize that. You must protect yourself and your future by hiring an experienced Fullerton sex crimes attorney.
Attorney John D. Rogers is an accomplished Orange County criminal defense attorney and board-certified criminal law specialist. He is among the few Orange County criminal lawyers who have achieved board certification in criminal law. Contact the Law Offices of John D. Rogers today if you or a loved one is charged with a sex crime at the Fullerton Courthouse.
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Overview of California Sex Crimes
California has some of the toughest sex crime laws in the nation. Risking your future by thinking the system will somehow result in your favor can lead you to spend the rest of your life in prison. A conviction for a sex crime carries state prison and mandatory sex offender registration. Consequently, you will be restricted from where you live and where you can work. The most common sex charges include rape, sodomy, sexual battery, child molestation, and oral copulation.
Sex Crime Investigations
A sex crime investigation begins when a complaint is lodged with local police. For example, the alleged victim may file a police report, or your accuser may reveal an allegation to their psychologist, teacher, or guidance counselor. Most professionals have a duty to report sex crimes to local authorities even if the alleged victim has no desire for prosecution.
The police usually investigate your background, speak to friends and family close to you, execute search warrants at your home and work and seize electronic devices, including your cellular phone. Even unsupported accusations negatively impact your social status, friendships, employment, and your marriage.
Speaking with a detective may cause irreparable harm to your case and future. Accordingly, it is never advised to speak with an investigator without counsel present.
The social stigma that attaches to a sex crime investigation can be life-altering. Our office takes the proactive approach and we intervene to legally deflect the prosecution’s investigation so it never reaches a courtroom.
Common Sex Crimes We Handle
Lewd Acts with a Minor
Lewd acts with a minor are charged under penal code 228(a). A conviction requires a state prison sentence of 3, 6, or 8 years. If the minor was 14 or 15 years old, then the crime is a “wobbler,” giving the prosecutor discretion to charge you with either a felony or misdemeanor. A felony conviction carries 1, 2, or 3 years in state prison. A misdemeanor carries up to one (1) year in the county jail. If force was used to commit the act, then it carries a prison triad of 5, 8, or 10 years in prison.
Rape is charged under penal code 261 making it a crime to have intercourse with a woman without consent. Rape is identified as a violent felony carrying a sentence of eight (8) years in state prison. If the alleged victim is under 18 years old, then it exposes a defendant to a prison sentence of up to 11 years. If the accuser is under the age of 14, then a conviction carries up to 13 years in prison.
Penal Code 243.4 defines sexual battery as an unwanted touching of an intimate part of another person, for the purpose of sexual arousal, gratification, or abuse. It can occur when the alleged victim is restrained, unconscious, or asleep. The punishment for sexual battery can range from a misdemeanor to felony charges, depending on the specific circumstances of the case, including the age of the accuser, the severity of the crime, and the criminal history of the defendant. The punishment can include a state prison sentence and mandatory sex offender registration.
Arranging a Meeting with a Minor
Penal Code 288.4, also known as “arranging a meeting with a minor for lewd purposes,” makes it a criminal offense to arrange a meeting with a minor intending to engage in sexual conduct with that minor. This includes communicating with a minor over the internet or by phone, or through an intermediary, with the intent to commit a sexual act with the minor. Generally, the crime is as a wobbler, unless the defendant actually showed up at the arranged location. A felony conviction exposes a defendant to 4 years in state prison.
Penal Code 286 is the statute that defines the crime of Sodomy. Under this law, sodomy is defined as any sexual act involving the penetration of the anus of one person by the penis of another person, or the penetration of the anus or genitals of one person by any object used by another person. Generally, sodomy is punishable by a state prison sentence of 3 years. If the alleged victim was under 14, then it’s punishable by 10 years. If any force was used, then it carries up to 13 years. Additionally, the defendant will be required to register as a sex offender.
Penal Code 287 defines oral copulation as any contact between the mouth of one person and the sexual organ or anus of another person, with the intent to arouse, gratify, or annoy. This law applies to both opposite-sex and same-sex conduct.
Oral copulation can be charged as either a felony or a misdemeanor. It is punishable as a felony for one (1) to three (3) years in state prison. A conviction for a misdemeanor carries up to one year in the county jail. A conviction will also require the defendant to register as a sex offender.
Defending Sexual Assault Charges in Fullerton, CA
Our office routinely employs experts, forensic consultants, and defense investigators to thoroughly investigate the case. Our clients are deserving of a defense that we aim to uncover. There are several defenses that may apply to a sex crimes case, including:
- False Accusations
- Mistaken Identification
- Insufficient Evidence
Contact an Experienced Fullerton Sex Crimes Attorney
Get professional help from the Law Offices of John D. Rogers. We handle sex crime charges at the Fullerton courthouse and throughout Orange County. Call us today to schedule a free confidential consultation with an experienced Fullerton sex crimes attorney.