An Alameda County Sex Crime Attorney Can Help You
While any criminal charge is serious, a conviction for a sex-based offense can forever change your life. Even an arrest for a sex crime can cause lasting harm to your reputation and relationships. Although facing these challenges is never easy, it is far less damaging than being ultimately convicted. The good news is that it is often possible to beat these charges. Finding the right Alameda County sex crime attorney is essential for anyone who has been charged with a sex offense.
At Berkowitz Law, we can provide you with guidance and support during what is likely the most difficult time in your life. Let our team advise you of your options.
What Is Considered a Sex Crime in California?
California law recognizes a number of distinct sex crimes. Some of the charges prosecutors are most likely to pursue include:
Sexual Battery
Sexual battery, under Penal Code § 243.4, involves nonconsensual touching of another person’s intimate areas for sexual arousal, gratification, or abuse. This crime does not require penetration and can be charged as either a misdemeanor or a felony. Penalties may include up to four years in prison, fines, probation, and mandatory registration as a sex offender.
Rape
Rape is one of the most serious sex crimes under California law. Defined in Penal Code § 261, this offense involves nonconsensual sexual intercourse achieved through force, fear, coercion, or the absence of consent. Rape is a felony punishable by three, six, or eight years in state prison, with additional penalties if the victim sustained injury or if the defendant used a weapon. Convictions also require mandatory sex offender registration. Given the serious consequences involved, it is essential to speak with an Alameda County sex crime attorney immediately after your arrest.
Indecent Exposure
Under Penal Code § 314, indecent exposure happens when someone intentionally exposes their genitals in public or in the presence of another person for sexual gratification or to offend. Although indecent exposure might seem less serious than other sex crimes, it remains a criminal offense that can lead to up to one year in jail for a first-time offense and up to three years for repeat offenses. Those convicted are also required to register as sex offenders.
Solicitation of Prostitution
Solicitation of prostitution is defined under Penal Code § 647(b). It involves offering to engage in sexual acts in exchange for money or other compensation. While usually charged as a misdemeanor, solicitation has serious consequences, including fines, probation, and a criminal record. Repeat offenses or cases involving minors can lead to much harsher penalties.
Child Pornography
Possessing, distributing, or producing child pornography is classified as either a misdemeanor or a felony under Penal Code § 311.11. Even a single image can result in serious charges, with penalties ranging from fines and probation to several years in state prison. Federal authorities may also prosecute child pornography cases, often imposing even stricter penalties. Convictions require mandatory registration as a sex offender and can include long-term restrictions on internet use, employment, and residency.
Lewd Acts with a Minor
California Penal Code § 288 criminalizes engaging in lewd or lascivious acts with a child under the age of 14. This crime carries severe penalties, including up to eight years in prison, and can be charged more harshly depending on the circumstances, such as the use of force. Convictions also require lifetime sex offender registration.
Penalties for Sex Crimes
The penalties for sex crimes in California are among the strictest in the criminal justice system. Depending on the specific statute, a conviction can result in anything from a brief jail sentence and probation to life imprisonment. The severity of the punishment depends on a range of factors, including the age of the alleged victim and the specifics of the case.
Mandatory Sex Offender Registration
Mandatory registration as a sex offender can fundamentally alter your life. California revised its registration laws in 2021, establishing a three-tier system. Tier 1 requires registration for at least 10 years; Tier 2 for at least 20 years; and Tier 3 requires lifetime registration. The specific tier depends on the conviction, the defendant’s history, and whether aggravating factors were present. Registration includes regular check-ins with law enforcement, restrictions on where one can live, and the potential for personal information to be posted on the public Megan’s Law website.
Sentencing Enhancements
California also imposes sentence enhancements for sex crimes involving weapons, multiple victims, or offenses against children under 14. These enhancements can add years or even decades to a prison term. Repeat offenders often face harsher penalties under California’s Three Strikes Law. If you’ve already been convicted of a related crime, it’s crucial to consult with an Alameda County sex crime attorney immediately.
How a Sex Crime Conviction Will Impact Your Daily Life
Along with the penalties handed down by a judge after a conviction, you might also face the collateral consequences of a sex crime conviction. These are the effects beyond the penalties you can receive if you are found guilty.
The most common example is the effect a criminal record can have on your career. Not only can being a convicted sex offender make it hard to find a job, but you could also lose your professional license. Other examples of collateral consequences include:
- Loss of child custody
- Difficulty finding appropriate housing
- Damage to your reputation
- Immigration consequences
- Loss of constitutional rights
One of the benefits of working with our firm is getting the chance to avoid a conviction and the collateral consequences that follow.
Defenses Your Alameda County Sex Crime Attorney Will Consider
You have an array of options when it comes to fighting back against a sex crime charge. That said, the specific offense you have been charged with and the facts of your case will determine which option is right for you. Our Alameda County sex crime attorney can help you develop the right approach. Some common strategies include:
Consent
Consent is arguably the most important defense strategy for certain types of sex crimes. In general, these offenses involve sexual acts with a person without their consent. Showing that they were willing participants can be devastating to the state’s case. Of course, there are crimes that involve victims who are legally unable to consent, and this defense is not viable in those situations.
Lack of Evidence
Another common approach is to argue that the state failed to prove your guilt beyond a reasonable doubt. This is a high burden, and prosecutors are often unable to meet it. Your defense attorney can focus on the weakness of the evidence against you in order to avoid conviction.
Constitutional Violations
You are protected by the U.S. Constitution from unlawful searches and seizures. If the police illegally search your home or seize your property, your attorney could have that evidence barred from trial. This misconduct could upend the state’s case against you.
Learn How An Alameda County Sex Crime Attorney From Berkowitz Law Can Help
The consequences of sex crime charges in California cannot be overstated. Fortunately, with the right legal team behind you, it could be possible to defeat these charges or secure the best possible plea agreement. A highly skilled and knowledgeable Alameda County sex crime attorney can aggressively pursue the outcome you deserve. Reach out to Berkowitz Law today to discuss your case during a confidential consultation.
FAQs About Sex Crimes in California
Will I have to register as a sex offender if convicted?
In most felony sex crime cases, yes. Registration is required under Penal Code § 290 and may last for years or for life, depending on the offense.
Can sex crimes be expunged in California?
Some misdemeanor sex crimes may be eligible for expungement. However, felony sex crimes, particularly those requiring registration, are not typically eligible.
What if the alleged victim consented?
Consent is a valid defense in cases involving adults. However, consent is not a defense in cases involving minors because minors cannot legally consent to sexual activity with adults.
Are all sex crime cases prosecuted at the state level?
Not always. Child pornography cases, human trafficking, and internet-based offenses often trigger federal charges, which carry harsher penalties.
What should I do if I am being investigated for a sex crime?
Do not speak to the police without a lawyer present. Exercise your right to remain silent and contact an experienced defense attorney immediately.