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Adult Related Sex Crimes Attorney

Mike Chastaine is recognized as one of the premier Sacramento County Sex Crime Lawyers

If you are facing charges of a sex crime involving an adult, it is essential to have an experienced Sacramento sexual offense lawyer by your side early on in your case. If a person is convicted of a sex crime, he / she must register with the California sex offender registry. This can have a detrimental and lasting impact on one’s life.

For example, in addition to a state prison sentence, it may result in difficulty in finding employment, attending school, or finding a decent place to live. Moreover, information about registered sex offenders, including their home address, can be made public. An experienced sexual assault lawyer can listen to your side of the story and investigate the case. They will then develop a legal defense that could potentially result in a dismissal or lighter sentence upon conviction.

Rape

The California Penal Code defines rape as sexual intercourse with an individual who was unable to give consent or who did not want to give consent to the sexual act. Rape can involve a defendant’s use of force, threat of force, or violence to force sexual intercourse upon someone. It can also include sex with someone who is unable to “consent” due to being intoxicated, drugged, or otherwise unable to consent to the sexual act.

In addition to registering as a sex offender, an individual found guilty of rape in California may be subject to 3, 6, or 8 years of incarceration. This potential sentence may increase if the rape victim is a young child or there are multiple acts.

Statutory Rape

The law defines statutory rape as sexual intercourse with someone under the age of 18, even if the minor agreed to the act. In California, statutory rape could be either a misdemeanor or a felony. According to the California Penal Code, an individual charged with statutory rape who is only three years older than the victim will receive a misdemeanor charge. However, if the accused is more than three years older than the victim (or if the accused is older than 21 and the victim is under 16), then the law may deem the rape either a felony or a misdemeanor.

Sexual Battery & Sexual Assault

Sexual battery—or sexual assault—includes threatening another person and causing him or her to submit to unwanted sexual intercourse out of fear. Penalties may include: hefty fines, jail time and sex offender registration.

An experienced sexual assault lawyer can raise the following defenses:

  • Victim misidentification
  • False accusations by the alleged victim
  • Revenge motive on the part of a former lover or spouse
  • Physical incapability of carrying out the alleged crime
  • Alibi (i.e., the accused was elsewhere at the time the alleged crime occurred)
  • Victim consent (i.e., where the alleged victim is not a minor, mentally handicapped, unconscious, etc.)

Indecent Exposure and Lewd Conduct

Indecent exposure and lewd conduct may incur felony charges. Lewd conduct occurs when an individual solicits someone to engage in sexual intercourse or other sexual activity in any location open and visible to the public.

The state must prove, beyond a reasonable doubt, that the accused:

  • Knowingly and willingly touched his/her/someone else’s private parts
  • Specifically intended to sexually gratify himself/herself/some other person
  • Knew (or had reason to know) that an individual or group of people might take offense at this conduct

Indecent exposure occurs when the accused purposefully exposes himself or herself in a public area where such exposure is considered lewd and out-of-place. Penalties for indecent exposure and lewd conduct may include incarceration, fines up to $10,000.00 and mandatory sex offender registration.

Prostitution

Prostitution is a misdemeanor in California. In order for the state to prove prostitution beyond a reasonable doubt, the accused must have agreed or solicited to take part in sexual intercourse in exchange for money. In order to obtain a conviction, the state must prove both agreement as well as intent.

Both the prostitution solicitor and the customer may receive punishment under California law. Prostitution is a sex crime. Therefore, a convicted defendant may have to register as a sex offender.

Human trafficking, also known as pimping and pandering, involve a person working with a prostitute, or other individual, to engage in prostitution. When this involves minors, it is typically prosecuted in federal court with extremely high potential sentences.

Contact a Sacramento County Sex Crime Lawyer

Individuals charged and convicted of sexual offenses such as the ones listed above are subject to severe penalties. They are also subject to extreme humiliation and embarrassment. An experienced California sexual assault lawyer will be able to review your case with you. Moreover, he can formulate the defenses necessary to potentially obtain a favorable plea deal, dismissal at trial, or light sentence upon conviction.

If you are facing charges of a sex crime involving an adult, call The Chastaine Law Office at (916) 943-4487.

Contact The Chastaine Law Office

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