Sex crimes are some of the most serious crimes one can face. In addition to carrying very high jail sentences often times a conviction for a sex offense can require life time registration as a sex offender. Also, even first time offenders can go to state prison because of how seriously the court, the law and the district attorney take these cases. That is why it is very important to hire an attorney early on to handle the police and the District Attorney. ALSO BEWARE OF CALLS FROM THE ALLEGED VICTIM TO THE CLIENT WHEN THE ALLEGATIONS FIRST ARISE. MANY TIMES THESE CALLS ARE BEING LISTENED TO AND RECORDED BY THE POLICE.
Sex cases become very serious when the victim is less than 14 years of age. In such cases even acts limited to touching in a sexual manner can send the Defendant to prison for between 3 and 8 years. (Penal Code Section 288(a))
For sexual touching of a victim who is 14 or 15 years of age the prison time can be between 1 and 3 years when the Defendant is 10 years older than the victim or more. (Penal Code Section288(c)(1))
Oral copulation of a person under the age of 18 years can subject a person to up to three years of state prison. (Penal Code Section 288a(b)(1))
Meanwhile oral copulation of a person under the age of 14 when the Defendant is 10 years older or more can subject the Defendant to 3 to 8 years of prison. (Penal Code Section 288a(c)(1))
Strangely, in some ways it is less serious a crime if the client’s sexual conduct with a person under the age of 18 is limited to intercourse. Under Penal Code Section 261.5 a client can be accused of having sex with someone under the age of 18 but still face only a misdemeanor as long as they are no more than three years older than the victim.
Even intercourse with a person under the age of 16 when the Defendant is 21 years old or older can be filed as a misdemeanor offense. (Penal Code 261.5(c)).
The most significant difference in the punishment between a Penal Code Section 261.5 offense and a Penal Code Section 288 or 288a offense is that SEXUAL REGISTRATION is not required for offenses under Penal Code Section 261.5.
Lewd conduct (Penal Code Section 647) is another sort of sex offense which can describe everything from showing genitalia in public to having sex in public or other lewd behavior open to public view. However, Registration as a sex offender is not required for this sort of offense. BUT BEWARE because Penal Code Section 314 addresses very similar conduct and DOES require sex registration for life.
Conviction of a sex crime can follow you for a lifetime. An arrest or even a rumor of a sex crime can destroy your reputation. The moment you are aware of police suspicion, you need to protect your rights. Call a criminal defense lawyer who has in-depth criminal defense experience and will fight to protect your reputation, freedom and future.
We defend clients facing charges for all levels of sex offenses:
- Human Trafficking
- Statutory rape (sex with a minor)
- Pimping and Pandering
- Child molestation/child sexual assault
- Indecent exposure
- Internet sex crimes (child pornography and Internet solicitation of a minor)
Our law firm will investigate the charges. Was this a misunderstanding? Are the allegations based on facts? We will interview witnesses, investigate all the parties involved and review all the evidence — retesting evidence if necessary. At our law firm, we do not take the word of police and prosecutors or of witnesses who may have motives to harm you.
We will provide an aggressive defense. A sex crime case is emotional. Prosecutors and police work hard for a conviction. You can be assured that our law firm will work even harder in your defense. We will make the prosecution prove its case, challenging evidence and witnesses at every step.
The penalty for sexual assault or another sex crime can be a lifetime sentence — part of it in prison and then after prison as a registered sex offender. Attorney Richard T. Dudek has the criminal defense experience and the personal commitment to provide a defense aimed toward a dismissal or reduction of charges or an acquittal.