Santa Ana Sex Crimes Attorney
Are you charged with a sex crime and have a court appearance at the Central Justice Center? It is reckless to think that the criminal justice system will work itself in your favor. You must protect your rights and your future by hiring an experienced Santa Ana sex crimes attorney. Attorney John D. Rogers is an accomplished Orange County criminal defense attorney and board-certified criminal law specialist. Obtaining board certification in criminal law is only held by a small percentage of criminal defense lawyers in California. Contact the Law Offices of John D. Rogers today if you or a loved one is charged with a sex crime at the Santa Ana Courthouse.
Overview of California Sex Crimes
California has some of the toughest sex crime laws in the nation. Risking your future by ignorantly 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 with an additional order of having to register as a sex offender for 10 years, 20 years, or the rest of your life. This means that you will forever be ordered to stay away from school grounds and restrict your ability of where you can live. 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 instance, your accuser may file a police report, or the alleged victim may reveal an allegation to their therapist or school counselor. Generally, professionals are under an obligation to report sex crimes to local authorities regardless of your accuser’s desire.
Law enforcement may 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. It is never wise to speak with a detective when under investigation for sexual assault.
The social stigma that attaches to a sex crime investigation can be lasting, perhaps life-changing. Our office aims to take the proactive approach and attempt to legally deflect the government’s investigation so it never reaches a courtroom.
Types of Sex Crimes We Handle
Rape is charged under penal code 261 making it a crime to have sexual intercourse with a woman without her consent. Rape is classified as a violent felony carrying a state prison sentence of 8 years in prison. If your accuser is under 18 years old, then it is punishable by a prison sentence of 11 years. If the alleged victim is under the age of 14, then a conviction carries up to 13 years.
Lewd Acts with a Minor
Lewd acts with a minor, also known as child molestation, is 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, the crime is a “wobbler,” allowing the prosecutor to charge the defendant with either a felony or misdemeanor. A felony conviction carries a prison sentence of 1, 2, or 3 years. A misdemeanor exposes you for up to 1 year in the county jail. If the allegation is that force was used to effectuate the act, then it carries a prison triad of 5, 8, or 10 years in prison.
Penal Code 243.4 defines sexual battery as any unwanted touching of an intimate part of another person, for the purpose of sexual arousal, gratification, or abuse. It also states that sexual battery can occur when the victim is restrained, unconscious, or asleep. The penalty for sexual battery can range from a misdemeanor to felony charges, depending on the specific circumstances of the case, including the age of the victim, the severity of the crime, and the criminal history of the perpetrator. Punishment can include fines, imprisonment, and mandatory sex offender registration.
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. The law applies to both opposite-sex and same-sex conduct.
Oral copulation can be charged as a felony or a misdemeanor, depending on the specific circumstances of the case, including the age of the victim, the severity of the crime, and the criminal history of the perpetrator.
Oral copulation is punishable as a felony for 1 to 3 years in state prison. A misdemeanor conviction carries up to 1 year in the county jail. Upon being sentenced for oral copulation, the defendant must register as a sex offender.
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 classified as a wobbler, unless the defendant actually showed up at the predetermined location. A felony conviction exposes a defendant to up 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. The punishment for sodomy varies depending on the age of the alleged victim and whether any force was used. Generally, sodomy carries a 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 must register as a sex offender.
Mounting Your Defense to Sex Charges in Santa Ana, CA
We routinely employ experts, forensic psychologists, and private investigators to thoroughly investigate the prosecution’s case. Each of our clients is deserving of a defense that we aim to uncover. There are several defenses that may apply to your case, including:
- False Accusations
- Mistaken Identification
- Insufficient Evidence
Get Professional Help from a Santa Ana Sex Crimes Attorney
Get professional help from the Law Offices of John D. Rogers. We routinely handle sex crime charges at the Santa Ana courthouse. Call us today to schedule a free confidential consultation with an experienced Santa Ana sex crimes attorney.