What is the penalty for Child Molestation, Sexual Assault, Sexual Battery, Prostitution or Lewd Conduct?

SEX OFFENSES 

The penalty or punishment for sex crimes such as Child Molestatation, Sexual Assault, Sexual Battery, Prostitution or Lewd Conduct can vary greatly in different parts of California.  Some counties have special "Sex Crime Units" within the office of the District Attorney.  These specially assigned prosecutors are usually very experienced and have had special training, as a result, these prosecutors are very aggressive in the prosecution of sex offenses.    

A sex crime charged as a misdemeanor, such as misdemeanor Sexual Battery, Prostitution or Lewd Conduct can result in jail time up to one year in a county jail.  However, felony sex offenses such as Child Molestatation, Sexual Assault and Rape can require registration as a sex offender (see more information on Megan’s Law below), years of formal probation, jail time or a state prison sentence, fines, psychiatric counseling, AIDS education and testing, community service, and extensive news media coverage of the conviction.   

 

Even though there is an increased awareness of false accusations, such as in false accusations made in "high profile" divorce cases, sex crimes are some of the most vigorously prosecuted and severely punished offenses in the criminal justice system. It is a shock being falsely accused of a crime. For example, those falsely accused of child sexual abuse often find the allegations to be absurd and frequently act in ways that later create problems.

If you have been charged with a sex crime law violation, whether you feel you may be guilty or not, then you need experienced legal counsel. If you are convicted you may face long term incarceration in a county jail or state prison and required registration as a sex offender for the rest of your life.

An experienced sex crime lawyer will confidentially yet aggressively defend you and ensure that your constitutional rights are protected. Each of the partners at Takakjian, Sowers & Sitkoff LLP is a former Deputy District Attorney. Attorney  Paul Takakjian is a State Bar Certified Criminal Law Specialist. Attorney Don Sowers is a former police Detective. Attorney Steve Sitkoff formerly worked in the Los Angeles County District Attorney’s Office Sex Crimes Unit and is a former Superior Court Commissioner. Our partners understand sex crimes prosecution and defense. Takakjian, Sowers & Sitkoff LLP has over 60 years of criminal prosecution, investigation, judicial and defense trial experience. If you have been arrested for a violation of a sex crime law, contact a sex crime lawyer immediately your future and your freedom are at stake.

Please Call Takakjian, Sowers & Sitkoff LLP for a FREE CONSULTATION at 1-866-388-7663

 Sex Crimes Web Links

California Dept. of Justice – Office of the Attorney General – Info on Megan’s Law. http://www.CAAG.state.ca.us/megan

Criminal Justice Statistics Center – California Dept. of Justice – Office of the Attorney General http://www.CAAG.state.ca.us/cjsc

About.Com – Crime and Punishment Page – Current criminal law info and news http://www.crime.about.com

SexCriminals.com is a source for news and information related to sex offenders, Megan’s law, sex crimes and sex offender registry listings and Sex Crimes Information http://www.sexcriminals.com

MegaLaw – CA criminal law info. http://www.megalaw.com/ca/top/cacriminal.php

Article: "How To Survive in Prison as an Innocent Man Convicted of a Sex Crime" http://www.ipt-forensics.com/journal/volume9/j9_3_6.htm

World Wide Web Virtual Library Men’s Issues Page http://www.vix.com/pub/men/ The site maintains a comprehensive reference list of men’s movement organizations, books, periodicals, web links and other related sources.

California Coalition on Sexual Offending http://www.ccoso.org/index.html The Coalition was founded in 1986 in response to California’s growing need for a formally structured resource for professionals working with persons involved in the commission of rape, child sexual abuse, incest, and other forms of sexual assault. Coalition members represent law enforcement, criminal justice, mental health, probation, parole, and other community services dedicated to addressing complex issues related to sex crimes and sexual deviance.

Investigating Child Sexual Abuse Allegations – Do Experts Agree on Anything? By Susan J. Sachsenmaier http://www.aaets.org/arts/art50.htm

Association for the Treatment of Sexual Abusers http://www.atsa.com/ A non-profit, interdisciplinary organization, ATSA was founded to foster research, facilitate information exchange, further professional education and provide for the advancement of professional standards and practices in the field of sex offender evaluation and treatment.

Please call for a FREE CONSULTATION at 1-866-388-7663

Please visit our web site at:  http://www.FormerDistrictAttorneys.com

 

Frequently Asked Questions

What are sex crimes?

Sex crimes are simply criminal offenses of a sexual nature. They vary in type and by severity of prosecution and punishment. Many of the commonly known crimes that fall into this category are Rape (including Statutory Rape, Spousal Rape and Date Rape), Child Molestation, Sexual Battery, Lewd Conduct, Possession and Distribution of Child Pornography (including on the internet), Possession and Distribution of Obscene Material, Prostitution, Solicitation of Prostitution, Pimping, Pandering, Indecent Exposure, Lewd Act with a Child, and Penetration of the Genital or Anal Region by a Foreign Object.

Should I talk to the police if I am under investigation for a sex a crime?

No, you should not talk to the police without having a sex crime lawyer present. Anything you say can and will be used against you. More importantly, what you say may be misconstrued or misinterpreted and used as evidence for your prosecution.

Can a sex crime conviction be removed from my record?

No, a conviction can never truly be wiped off your record in most cases, but in some situations it can be "expunged". An expungement can result in your conviction being dismissed and/or having your guilty plea set aside. This can aid greatly in getting a persons life back on track. In some cases even more can be done for a person with a conviction. An experienced sex crime attorney can be the difference in moving past a prior conviction for a sex crime.

What does registered sex offender mean, and what is Megan’s law?

For over 50 years California has required dangerous sex offenders to register with their local law enforcement agencies. However this information was not available to the public until implementation of Megan’s Law in 1996. Megan’s Law is named after 7-year-old Megan Kanka who was raped and murdered by a known child molester who had moved in across the street without her parent’s knowledge. In the wake of the tragedy there was a wide spread movement that resulted in legislation requiring law enforcement to notify and provide warning to local communities about dangerous sex offenders in the area. A person required to register yearly as a sex offender will do so for the rest of their lives. The sex offenders name will be available to the public and they will have to report their location to law enforcement every time they move. Not all sex crimes require registration, but many do. If you are charged with a sex crime ask our sex crime lawyers if a conviction will require registration.

How can I be charged with rape when the victim consented to sex?

There are certain situations where persons can not legally consent to having sex. Consent to sex can never be given by minors, mentally disabled persons, and physically incapacitated persons (intoxicated, asleep, unconscious, ill, or drugged) as a matter of law. This comes to play in cases of statutory rape (adult with a minor) or in cases of date rape where drugs such as rohypnol, "roofies" or alcohol are used. Voluntary intoxication by the victim is not a defense to crimes such as sexual assault. Voluntary intoxication by the perpetrator is also not a defense.

What if the victim in a statutory rape case lied about their age, and I honestly did not know they were under 18?

Statutory rape is a strict liability offense. A person can be found guilty of the crime even if they honestly believed the other person was 18 or older. They can also be found guilty of the crime even if the victim consented and gave false information regarding their age.

In a solicitation of prostitution case, is it entrapment if the female police officer approached me and asked if I wanted to have sex?

In most cases, no. Police officers are allowed to do many things in prostitution cases that do not result in entrapment, including offering sexual services. The key is what you did to acknowledge that you wanted to engage in a sex for money transaction. This can include verbal or non-verbal communication. Was there an act in furtherance, such as taking out money, going to an ATM machine or taking the officer to a motel. An examination of what "exactly" happened is extremely important in these cases. Please contact our firm immediately if you have been arrested for solicitation.

Can I be prosecuted for looking at pornography on the internet?

Internet sex crimes are now vigorously prosecuted. Downloading child pornography or obscene material can result in prosecution by state and federal authorities. In some cases individuals who have simply visited internet sites displaying illegal content have faced scrutiny and prosecution.

What are the defenses to a sex crime?

Generally the defenses include insufficient or tainted evidence, factual innocence (mistaken identity), and in some cases consent.

What can I do to improve my chances?

Retain qualified and experienced counsel as soon as possible. Please call our firm at 1-866-388-7663. Do not share with others the details of the incident. Exercise your right to remain silent. Write down significant events, potential witnesses and alibis. Don’t try to handle things yourself. Gather documentation of your good character (reference letters, employment history etc.).

What will your firm do for me?

Our firm has over 60 years of criminal prosecution, investigation, judicial and defense trial experience. We have handled many "high profile" felony cases in a discrete manner. We will provide a shield for you and yet strongly advocate for your defense. We will provide early preparation, including legal research and defense identification. We will investigate and identify all facts helpful to your defense. We will meet with police and the District Attorney to minimize and in some cases eliminate the need for you to go to court. We will interview witnesses and attempt to remove or reduce bail requirements. We will provide open channels of communication with you so you can remain informed about your case. If you choose to retain our firm we will provide the highest level of criminal defense representation available. An experienced sex crimes lawyer is absolutely necessary if you are facing prosecution.

Please visit our web site at:  http://www.FormerDistrictAttorneys.com

If you have been arrested for a sex offense then please call us immediately for a FREE CONSULTATION at 1-866-388-7663

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