If you are facing charges related to a sex offense in San Diego, California, you could be required to register as a sex offender. It is imperative that you speak with an experienced lawyer. If you fail to register or abide by San Diego sex offender registration laws, you could face severe legal repercussions.
Our experienced San Diego sex offender registration attorneys can help you understand California’s sex offender registration laws. We can also defend your rights if you’re being accused of violating these laws.
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How Blair Defense Can Help If You’re Arrested for a Violation of Sex Offender Registration Laws
Failing to register as a sex offender carries harsh penalties in San Diego, California. If you find yourself arrested and charged with this crime, it’s important to work with a San Diego sex crimes attorney who knows what they’re doing.
Blair Defense Criminal Lawyers has decades of combined experience. We’ve helped thousands of clients receive favorable outcomes in their criminal cases.
Here’s how we can help you
- We will carefully review all evidence and find holes or inconsistencies in the prosecution’s case.
- We will explain the potential consequences of a conviction, so you know what to expect.
- We will work with the prosecutor for potential plea agreements if appropriate.
Contact our law office in San Diego, CA, to schedule a free consultation with one of our experienced San Diego sex offender registration attorneys.
Overview of Sex Offender Registration Laws in San Diego
In San Diego, many crimes can lead to sex offender registration. Examples include child molestation, child pornography, date rape, indecent exposure, sexual assault, sexual battery, and sexual harassment.
Once you are required to register as a sex offender in San Diego County, there are certain steps you must take to comply with your sentence.
These steps include:
- Informing law enforcement officials every time you move or change jobs
- Submitting fingerprints
- Regularly having your photo taken and updated for the database,
- Providing proof of residence every year (sometimes more often, depending on the crime).
If you fail to take these steps, you could face legal consequences.
Mandatory vs. Discretionary Registration
In San Diego, registration as a sex offender can be either mandatory or discretionary, depending on the circumstances.
Mandatory Registration Laws
In California, the law requires mandatory sex offender registration for those convicted of certain serious offenses such as rape or sexual abuse of a child.
Discretionary Registration Laws
Discretionary registration may be imposed upon conviction of a crime if it is believed the offense was committed for the purpose of sexual gratification or compulsion. This means that even if you are convicted of a non-sexual crime, a judge can still order you to register as a sex offender if they make a ruling that you acted out of sexual motivation.
What Are the Penalties For Violating Sex Offender Registration Laws in San Diego, California?
The penalties for failing to register as a sex offender can be severe. If your underlying conviction was a misdemeanor, the punishment could be up to one year in jail or a fine of up to $1,000.
However, if you fail to register after being convicted of a felony sex offense, you could face up to three years in prison and/or a fine up to $10,000.
In some circumstances, if you fail to register and your underlying offense was a felony, your failure to register can be counted as a strike under California’s three strikes law.
What Defenses Can Be Raised If I’m Accused of Violating San Diego Sex Offender Registration Laws?
If you are accused of not registering as required, there are some defenses you can use in court.
The following are three of the most common:
Lack of Awareness of Registration Requirements
In some cases, defendants facing charges for failure to register as a sex offender can argue a lack of awareness of registration requirements as a defense. This is especially applicable if the defendant was never informed about the requirement or if they have a mental health condition that affects their understanding and ability to comply with the law.
Another defense against failure to register is demonstrating extenuating circumstances that prevented compliance with the registration requirements. For example, if you were in the hospital and were unable to register at the time, you could use this as a defense.
This is particularly helpful if you registered as soon as you were able to, even though it was late.
Errors by Law Enforcement
Sometimes, errors by law enforcement can lead to accusations of failure to register, even though no violation occurred. For this reason, it’s important for defendants to be proactive and always create a paper trail that proves they registered – before they’re accused of failing to do so.
Schedule a Free Case Evaluation With Our San Diego Sex Offender Registration
If you’ve been accused of violating a San Diego sex offender registration law, it’s important to speak with a lawyer as soon as possible, as this charge carries significant penalties. If you need help, contact Blair Defense to schedule a free consultation with one of our San Diego sex offender registration attorneys. We’re standing by to assist you.