Have you been arrested or accused of committing a sex crime in San Diego, CA? A sex crimes conviction can haunt your life forever. In addition to a lengthy prison sentence, you could be forced to register as a sex offender for life. Call Blair Defense Criminal Lawyers at (619) 357-4977 immediately to speak with an experienced San Diego sex crimes attorney who can protect your legal rights and defend your reputation.
Our founding attorney has years of experience handling complex criminal cases across San Diego County. We’ve helped countless clients get their charges dropped or reduced.
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How Blair Defense Criminal Lawyers Can Help if You Were Arrested for a Sex Crime in San Diego, CA
Make no mistake: there is no such thing as a “minor” sex crime conviction. You’re already facing jail time and harsh financial consequences. In addition, people will start to judge your character from the moment you’re accused of an act involving sexual abuse.
You deserve an aggressive San Diego criminal lawyer who will fight to protect you every step of the way.
At Blair Defense Criminal Lawyers, our legal team believes that everyone accused of a crime deserves the strongest defense possible. We know how California prosecutors think–and we know the criminal laws inside and out.
When you hire our law firm, you’ll have a respected lawyer in your corner to:
- Provide sound legal advice and guidance throughout the legal process
- Comprehensively investigate the circumstances of the alleged crime
- Identify any constitutional violations
- Move to have illegally obtained evidence excluded from your case
- Negotiate with prosecutors to have your charges reduced or dropped
- Help you understand the consequences of accepting a plea bargain
- Launch a vigorous defense in front of a judge and jury if necessary
You don’t have to rely on an overworked public defender. Call our offices to schedule a free consultation with an experienced San Diego criminal defense lawyer who can build the strongest defense possible.
Overview of the Laws on Sex Crimes in California
Many different criminal offenses are classified as “sex offenses” under California law. Some of those charges are misdemeanor-level offenses while others are serious violent crimes. Even a misdemeanor sex crime conviction can haunt you for years, if not decades.
At Blair Defense Criminal Lawyers, we have the experience needed to effectively handle all types of sex crimes cases in San Diego, including charges of:
- Sexual assault and battery
- Child pornography
- Indecent exposure or lewd conduct
- Prostitution and solicitation
- Child molestation
- Statutory rape
- Failure to register as a sex offender
- Internet sex crimes
If you even suspect that you’re under investigation for committing a sex crime, it’s important to take legal action immediately. You don’t have to wait for a formal criminal charge. Our San Diego sex crimes lawyers can help from the beginning. Just call to schedule a free case review to learn more about our practice areas today.
Rape is one of the most serious crimes you can be accused of committing. Whether your case involves rape, statutory rape, or so-called “date rape,” it’s important to seek legal advice immediately.
Rape is the act of having sexual intercourse with another person without their consent and against their will.
The prosecution can charge a defendant with rape in situations where:
- The defendant uses force or violence to commit the act
- The defendant accomplished the act using threats
- The victim was unable to consent because of intoxication or use of a controlled substance, and the defendant knew or reasonably should have known about the condition
- The victim was incapable of consent because of a mental disability or physical disability, and the defendant knew about the condition
Prosecutors can also allege rape if the rape victim was unconscious of the nature of the act. That can include situations where the alleged victim was actually asleep or unconscious. It can also include situations where the defendant committed some type of fraud to accomplish the intercourse.
Sexual Assault and Battery
Sexual assault in California is called “sexual battery.” Under California Penal Code Section 243.4, sexual battery is defined as touching another person’s intimate parts against their will and for the purposes of sexual arousal, gratification, or abuse.
The term “intimate parts” includes:
- Sex organs
- A woman’s breast
Sexual battery charges can apply under a number of circumstances. You can be charged with sexual battery for touching someone who was:
- Unlawfully restrained by the accused or an accomplice
- Unaware of the nature of the act because the defendant claimed the acts served a professional purpose
- Incapable of consent because of a mental disability or medical incapacitation
Sexual battery charges also apply in cases where the defendant caused the alleged victim to touch someone else’s intimate parts for the purpose of sexual arousal or gratification.
Sexual battery can be charged as a felony or a misdemeanor, depending on the circumstances.
Indecent Exposure and Lewd Acts
Indecent exposure involves willfully exposing one’s private parts in a location where others are present and likely to be offended.
To convict, the prosecution must prove:
- You acted willfully
- You were in a public place or a place where others were present
- The exposure was made with the intent to arouse or offend
Indecent exposure is usually a misdemeanor. However, repeat offenders will face more serious felony charges.
As in every other state, it’s illegal to possess, view, or produce child pornography in the state of California. Child pornography is any type of material or representation involving minors under the age of 18 engaging in “sexual conduct.”
Sexual conduct is broadly defined under California law. It also includes situations involving simulated sexual conduct or sexual behavior.
If you’re arrested on child pornography charges, the stakes are extremely high. Even the mere allegation of a sex crime involving children can ruin your reputation. Call Blair Defense Criminal Lawyers to speak with an attorney in San Diego who can start fighting for you today.
What are the Penalties for Sex Crimes in San Diego, California?
Sex crimes can be misdemeanors or felonies. The punishment for a sex crime conviction in San Diego can vary dramatically depending on the nature of the crime alleged. You could face years in state prison for the most serious crimes.
If convicted of a felony, you’ll face:
- Harsh monetary fines
- A sentence of state prison, county jail, or formal felony probation
Misdemeanor offenses also carry jail time and financial penalties.
Regardless of the type of offense, the collateral consequences are often harsh if you’re convicted of a sex crime. Some of those consequences include:
- A permanent criminal record
- Difficulty obtaining adequate housing
- Problems finding employment
- Immigration problems
- Loss of child custody or visitation rights
- Court-mandated counseling or rehabilitation
- Parole or probation
- Loss of professional licenses
- Community service
- Loss of your right to own a firearm
- Loss of voting rights
You may also be required to register as a sex offender. Mandatory sex offender registration requirements carry severe consequences.
Under Megan’s Law, you’ll be required to notify local law enforcement any time you move. Your information will be entered into a public searchable database so that anyone can learn the details of your offense and conviction. That can make it difficult to obtain employment, housing, or participate in community activities.
Failure to register as a sex offender is a serious crime in and of itself. High risk offenders may even be required to wear a GPS device.
What Defenses Can Be Raised if I’m Accused of a Sex Crime?
The penalties for a sex crimes conviction are harsh–but they aren’t automatic. There are many viable legal defenses that can result in your case being dismissed or charges reduced to a lesser offense.
No two cases are identical. The details of your defense will depend on the criminal offense involved and the circumstances of your case. You can count on Blair Defense Criminal Lawyers to identify every defense strategy that may be effective in your case.
It may be possible to fight the criminal charges with a defense that includes:
- Mistaken identity or alibi (innocence defenses)
- The victim consented to the sexual contact
- Challenges to the prosecution’s evidence, especially where that evidence includes scientific or DNA evidence
- Challenges to witness credibility
- Constitutional violations or Miranda violations
Unfortunately, many sex crimes cases are built on false allegations. If you were falsely accused, our defense lawyers will work tirelessly to locate any evidence that can prove your innocence.
Schedule a Free Consultation With a San Diego Sex Crimes Attorney
State prosecutors are required to prove their case beyond a reasonable doubt. An experienced San Diego sex crimes attorney can build the strong defense you need to establish doubt or prove your innocence. To learn more about an attorney-client relationship, call Blair Defense Criminal Lawyers for a free initial consultation today.
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