40-year-old (name withheld for privacy) has been accused of 7 felony counts of child sexual abuse, including such charges as forced oral copulation and forcible penetration with a foreign object. He has also been charged with continuous sexual abuse of a child. The Gilroy man, on paid administrative leave from the San Mateo Sheriff’s Department where he has been a deputy for the past 8 years, was arrested in conjunction with allegations from a young female family member who claims that he molested her on several different occasions at two different locales.
In the state of California, (CA Penal Code 288.5) covers the continuous sexual abuse of a child, while (CA Penal Code 288) addresses oral copulation of a minor child. In any case of alleged child molestation or sexual crime against a child, if the child is under the age of 14, the charge is automatically considered a felony. The use of force, violence, or threats may increase a person’s sentence significantly. For example, if the child in this case was under the age of 14 and he is 10 or more years older than that child and only the oral copulation charge can be proven, then instead of facing 8 years in state prison, he would be looking at up to 12 years in state prison if the use of force can also be proven. As you can see, cases in which children and sexual contact are involved, both the determination of felony charges and the penalties are quite complex.
If you’re in a situation where you are facing criminal charges, the criminal process can be confusing. The justice system has specific steps they follow. Whether federal or state, the prosecuting attorney has the challenge of proving guilt beyond a reasonable doubt. That means obtaining an attorney from a reputable law firm that understands the […]
A little night out with your friends is fine. A little sip of party bourbon won’t cause anyone any trouble. However, when all that little moments of sipping drinks add up, it could end up in a disaster. Dealing with a DUI conviction is not easy, and it could even cost you thousands of penalty […]
Domestic violence is the attempt to gain power over and control another human within the household through a wide range of abusive behavior. Domestic violence can happen to anyone, regardless of race, sex, sexual orientation, class, education, etc. It often involves physical abuse, and other types of abuse as well. Abusive relationships are too common, […]