Defending Clients Who Are Under Investigation For A Sex Crime In California
Being accused of a sex crime is a serious criminal matter. If you are being investigated for or have been charged with a sex crime, call the Los Angeles sex crime lawyers at Stephen G. Rodriguez & Partners immediately to discuss your legal options. Do not speak to anyone from law enforcement until you have consulted with a Los Angeles criminal defense attorney from our office.
You have rights; protect them! The key to a successful outcome in sex cases is hiring the right sex crimes lawyer during the criminal investigation and before formal criminal charges are filed and conducting a prompt and complete investigation in order to develop and prepare a strategic defense.
Why Hire Stephen G. Rodriguez & Partners
Our Los Angeles sex crimes lawyers can help you by:
- Arranging for bail, bail reduction, or released without bail.
- Understanding the possible penalties and likely outcomes.
- Hiring an investigator to interview witnesses and gather evidence.
- Arranging for a lie detector test.
- Negotiating with the prosecution for a reduction of the charges.
- Working to eliminate the requirement of lifetime sex offender registration.
- Presenting the best legal defense for your case.
- Vigorously challenging every aspect of the prosecution's case.
- Seeking alternative sentencing programs such as house arrest (electric monitoring), residential treatment, counseling, and informal probation.
Sex Crimes in California
A sex crime refers to any illegal act that involves sexual behavior or sexual misconduct. These crimes are considered particularly serious due to their impact on victims and society as a whole. In California, as in many other jurisdictions, various types of sex crimes are recognized and prosecuted.
Some examples of sex crimes in California include:
- Rape: This involves non-consensual sexual intercourse, often accomplished through force, threats, coercion, or incapacitation.
- Statutory Rape: This occurs when an adult engages in sexual activity with a minor who is below the age of consent, even if the minor agrees to the activity.
- Child Sexual Abuse: This involves sexual exploitation or molestation of children, which can include various forms of sexual contact or exposure to sexually explicit materials.
- Lewd Acts in Public: This refers to engaging in sexual behavior or exposing oneself in public with the intent to sexually gratify oneself or offend others.
- Solicitation: This involves offering or agreeing to engage in sexual activity in exchange for money or other goods or services.
- Prostitution: This involves engaging in sexual activity in exchange for money or other compensation.
- Sexual Battery: This refers to unwanted sexual touching or groping of another person's intimate parts without their consent.
- Child Pornography: This involves the production, distribution, or possession of sexually explicit images or videos involving minors.
- Indecent Exposure: This involves intentionally exposing one's genitals or intimate parts in public, often with the intent to shock or offend others.
“Consent” Defined Under California Law
In sex crime cases where consent is an issue, consent is defined to mean "positive cooperation in act or attitude pursuant to an exercise of free will." California Penal Code section 261.6. Consent does not include any of the following factors:
- The accused used a condom or other birth control device;
- The victim complied with the act to avoid possible injury or death;
- The victim didn't resist the attack; or
- The accused and the victim are or had been dating.
Have you been accused of a sex crime? Call Stephen G. Rodriguez & Partners today at (213) 481-6811 or contact us online to schedule a consultation with our Los Angeles sex crimes lawyer.
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What Is Considered An Internet Sex Crime?
Online sex crimes are a growing area of concern for prosecutors. These crimes often involve:
- Indecent exposure
- Lewd conduct
- Child pornography
- Solicitation of minors for child abuse
An internet criminal offender can be prosecuted under state and federal law in California.
Megan’s Law in California
Under California's Megan's Law, the names of convicted sex offenders can be viewed on the California website www.meganslaw.ca.gov. This allows the public to view information on sex offenders required to register with local law enforcement. However, approximately 25% of registered sex offenders are excluded from this public disclosure by law based on the type of sex crime for which the person is required to register.
Understanding the Consequences of a Sex Crime Conviction
Being accused or charged with a sex crime can have serious consequences that can impact your personal and professional life. In addition to potential jail time and fines, a conviction can result in:
- Mandatory sex offender registration
- Difficulty finding employment or housing
- Strained personal relationships
- Restricted access to certain places and activities
- Loss of professional licenses
At Stephen G. Rodriguez & Partners, our Los Angeles sex crimes attorneys understand the severity of these consequences and work tirelessly to defend our clients against any and all allegations. We will fight to protect your rights and reputation, and work towards achieving the best possible outcome in your case.
Common Legal Defenses Against Sex Charges
A legal defense is a strategy used by the defendant in a criminal case to challenge or mitigate the prosecution's allegations. These defenses aim to raise doubts about the defendant's guilt or to argue that their actions were justified, excused, or mitigated in some way. In the context of sex crimes, several common legal defenses may be utilized:
- Consent: The defendant may argue that the sexual activity in question was consensual, meaning that both parties willingly participated. This defense is often used in cases of rape or sexual assault.
- Mistaken Identity: The defendant asserts that they were wrongly identified as the perpetrator of the sex crime. This defense might involve providing an alibi or presenting evidence that someone else committed the offense.
- Lack of Intent: The defendant may claim that they did not have the intent to commit the alleged sex crime. For example, they might argue that they did not realize the other person did not consent or that they mistakenly believed the other person was of legal age.
- Insufficient Evidence: The defense challenges the prosecution's evidence, arguing that it is not enough to prove guilt beyond a reasonable doubt. This might involve questioning the reliability of witnesses, the credibility of forensic evidence, or the legality of police procedures.
- Duress or Coercion: The defendant asserts that they were forced or threatened into engaging in the sexual activity against their will. This defense can be used when the defendant's actions were the result of fear for their safety or the safety of others.
- Mental Incapacity: The defendant may argue that they were mentally incapacitated at the time of the offense, either due to temporary insanity, intoxication, or another mental condition, which prevented them from understanding the nature of their actions or distinguishing right from wrong.
- Statute of Limitations: The defense may argue that the prosecution's case is barred by the statute of limitations, meaning that too much time has passed since the alleged offense occurred for the defendant to be prosecuted.
- Entrapment: The defendant asserts that they were induced or coerced by law enforcement into committing the offense, which they would not have otherwise committed.
Contact Our Sex Crimes Lawyer Today
Being convicted of a sex crime is a life changer. The penalties for sex crime offenses are harsh and usually come with long prison sentences as well as mandatory lifetime sex registration. Many sex crime cases are prosecuted even though there is a lack of physical evidence coupled with poor quality law enforcement investigations. In fact, many sex crime cases in Los Angeles are prosecuted on the sole basis of the victim’s testimony such that the case is essentially a she said - he said situation. Call the Los Angeles sex crime attorneys at Stephen G. Rodriguez & Partners to discuss your legal situation. With more than 70 years of combined legal experience, our criminal defense lawyers can help you and aggressively defend you against sex crime charges.
Contact Stephen G. Rodriguez & Partners today to get started on your defense with our sex crime attorney in Los Angeles, CA.
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Defendant Charged with Felony Battery.
Arrested for Felony rape of a minor
Comprehensive Defense Strategies
We focus on the facts of the case to create a strategic defense. We work tirelessly for our clients, prepare for trial, and work toward securing the best possible outcome – whether that be a dismissal, reduction in charges, or alternative sentencing.
We provide step-by-step guidance throughout each phase of the process. The criminal justice system can be a confusing and frightening place, which is why we support our clients every step of the way. We provide the confidence you need to move forward.
75+ Years of Combined Criminal Law Experience
At Stephen G. Rodriguez & Partners, our defense attorneys have the ability and experience to handle even the most complex criminal cases. From misdemeanors to serious felonies, no case is too small or large for us to handle.
Communication And Personal Attention
We make ourselves available at all times, responding promptly to our clients' calls. Initial in-office consultations are free and include an in-depth discussion of your situation. Throughout all points of your case, your lawyer will keep you informed.