San Jose Sex Crime Attorney
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At Summit Defense, once someone accuses you of a sex offense, our San Jose criminal defense attorneys team will fight off these allegations with an aggressive defense strategy. If you have been falsely accused of a sex crime in San Jose, California, contact our San Jose criminal defense law firm at 1-866-537-2584 to schedule a free consultation with one of our sex crime lawyers.
Why Choose Summit Defense for Sex Crime Defense in San Jose?
A former sex crime unit District Attorney leads our criminal defense team. Our team knows how other attorneys prosecute these cases. We are ready to help and explore any available option to help you reduce your penalty or get your case dismissed.
You can start by contacting our defense team to get a free consultation that evokes client-attorney privilege. This attorney-client relationship protects anything you say to your defense in person, through e-mail, or over the phone.
Our law office is in the best position to defend you against attacks from the police and prosecution. Our goal is the total dismissal of all charges, and we will fight with their knowledge of the law to do just that in your case.
Types of Sex Crime Charges We Defend in San Jose
Our attorneys defend clients throughout San Jose and Santa Clara County against a wide range of sex crime charges. Each type of charge carries different penalties under California law. Below are the most common sex offenses we handle.
Lewd Conduct Charges in San Jose
Under California Penal Code 647(a), lewd conduct means engaging in or soliciting sexual activity in a public place. San Jose police and Santa Clara County prosecutors take these charges seriously, even if no one witnessed the act. A conviction may result in fines, probation, or jail time. Our San Jose sex crime lawyers will challenge the evidence and work to protect your record.
Child Molestation Defense in San Jose
California Penal Code 288 makes it a felony to commit a lewd or lascivious act with a child under 14. Child molestation charges carry some of the harshest penalties in the state, including lengthy prison sentences. The Santa Clara County DA’s office prosecutes these cases aggressively. If you are accused in San Jose, you need an attorney who will fight from day one.
Child Pornography Charges in Santa Clara County
Charges involving child pornography under Penal Code 311 can include possession, distribution, or production of sexual images of minors. In San Jose, these cases often involve collaboration between local police and federal agencies. Our attorneys know how to challenge digital evidence and defend against both state and federal charges in Santa Clara County.
Indecent Exposure in San Jose
Under Penal Code 314, indecent exposure means willfully exposing yourself in the presence of someone who may be offended. In San Jose, a first offense is usually a misdemeanor, but repeat offenses can be charged as felonies in Santa Clara County Superior Court. This charge can also require sex offender registration.
Rape Defense Attorney in San Jose
Rape under Penal Code 261 involves non-consensual sexual intercourse through force, threats, or when the victim cannot give consent. This is always charged as a felony in California and carries up to 8 years in state prison. In Santa Clara County, the DA’s sex crimes unit handles these cases with dedicated prosecutors. A rape defense lawyer in San Jose can examine the evidence, challenge witness accounts, and protect your constitutional rights.
Statutory Rape Charges in San Jose
Penal Code 261.5 defines statutory rape as sexual intercourse with someone under 18. In San Jose, the charge may be a misdemeanor or felony depending on the age difference between the parties. Even consensual contact can lead to charges in Santa Clara County if one person is underage.
Sex Offender Registration in Santa Clara County
Many sex crime convictions in California require sex offender registration under Penal Code 290. In Santa Clara County, this means your name, photo, and San Jose address are listed on the Megan’s Law website. Registration can follow you for years and affect your housing, employment, and personal relationships throughout San Jose and beyond. Our attorneys work to avoid convictions that trigger this requirement.
Sexual Battery Defense in San Jose
Sexual battery under Penal Code 243.4 involves touching another person’s intimate parts without their consent for the purpose of sexual arousal or gratification. This includes touching over clothing. In San Jose, it can be charged as a misdemeanor or felony depending on the facts. Santa Clara County prosecutors often pursue the maximum charges in these cases.
Penalties for Sex Crimes in San Jose, California
Being convicted of a sex crime has harsh consequences that will potentially change your entire life. There are varying penalties for specific cases of sex crimes. You will need an experienced criminal defense attorney committed to using the full force of the law to keep you out of jail.
Rape cases can have a felony or misdemeanor charge with a fine of $2,000 to $20,000, depending on the type of rape case. Meanwhile, sexual assault cases have a maximum penalty of $10,000 and 2-4 years in state prison.
San Jose Practice Areas
What Are California’s Sex Crime Laws?
California’s sex crime laws carry harsh punishments for convicted sex offenders. Here are the penalties that you can receive when facing a sex offense charge under California’s sex crime laws:
Prison Sentences for San Jose Sex Crime Convictions
Felony sex crimes prosecuted in Santa Clara County can carry prison terms ranging from 2 years to life in California state prison. For example, rape convictions can result in 3 to 8 years, while offenses involving children may carry even longer sentences. San Jose judges have broad discretion in sentencing, which is why strong defense representation matters.
Registration as a Sex Offender for Life
Sex offense charges require a mandatory sex offender registration as per California Penal Code 290 to 290.024. It can include a minimum of one year of sex offender treatment.
Permanent Damage to your Reputation
Even an accusation of a sex crime can damage your personal and professional reputation in the San Jose community. A conviction creates a permanent criminal record that shows up on background checks. This can affect your career, your relationships, and your standing in Santa Clara County.
Deportation
Sex crime convictions are considered crimes of moral turpitude under federal immigration law. San Jose is home to a large immigrant population, and many residents facing sex crime charges also face immigration consequences. If you are not a U.S. citizen, a conviction in Santa Clara County could lead to deportation, denial of a visa, or loss of your green card.
Potential Legal Defenses For Our Clients In Sex Crime Cases
Someone charging you with a crime is overwhelming at first. However, the next best thing you should do is get a San Jose sex crime attorney to defend you. Summit Defense offers a free consultation so they can discuss a few possible defense strategies with you. Here are a few possible defenses for your criminal charges:
You are innocent
The right attorney will launch a full investigation to challenge these false allegations. Your lawyer can check if penetration or sexual contact did occur or if it was a case of mistaken identity. There might not be enough evidence to build a case against you in most cases.
There was consent
A lawyer with extensive experience will gather the facts of the alleged incident. If there is an honest and reasonable conviction that the person charging you with a crime consented, your lawyer will investigate and fight to keep you out of jail.
Please note that being under the influence of alcohol is
How can a sex crime lawyer in San Jose help me?
A sex crime lawyer helps protect your rights at every stage of the legal process. From the moment you are accused, your attorney can advise you on what to say (and what not to say) to police. They will review the evidence, identify weaknesses in the prosecution’s case, negotiate with the DA’s office, and represent you in court. In Santa Clara County, having an attorney who knows the local courts and prosecutors makes a real difference in the outcome of your case.
Will I have to register as a sex offender after a conviction in San Jose?
Not every sex crime conviction in Santa Clara County requires registration, but many do. California uses 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 tier depends on the offense. A San Jose sex crime attorney will fight to avoid a conviction that triggers this requirement or work to reduce the charge to one that does not require registration in Santa Clara County.
What happens if I fail to register as a sex offender in San Jose?
Failing to register as a sex offender in San Jose is a separate criminal offense under Penal Code 290.018. Santa Clara County prosecutors can charge it as a misdemeanor or felony. If your underlying conviction was a felony, failing to register is also a felony. This can result in additional prison time on top of your original sentence. If you have questions about your registration requirements in San Jose, contact a local defense attorney right away.
How are sex crime cases handled in Santa Clara County?
Sex crime cases in Santa Clara County are typically prosecuted by specialized units within the DA’s office. These cases are treated with extreme seriousness. The investigation process often involves forensic evidence, witness interviews, and electronic evidence analysis. Having an attorney who understands the local prosecution patterns and court procedures in Santa Clara County is essential for building an effective defense.
Will I be publicly identified if charged with a sex crime in San Jose?
In many cases, sex crime charges filed in Santa Clara County become part of the public record. However, during the investigation stage, the San Jose Police Department typically does not release this information publicly. An experienced San Jose defense attorney can work to protect your privacy throughout the legal process. They may also be able to intervene early with the Santa Clara County DA’s office to prevent charges from being filed in the first place.
What should I do if I am falsely accused of a sex crime in San Jose?
If you have been falsely accused of a sex crime in San Jose, contact a local defense attorney immediately. Do not speak to San Jose police, the accuser, or anyone else about the allegations without your attorney present. Your lawyer can help preserve evidence, identify inconsistencies in the accuser’s story, and build a defense in Santa Clara County court to protect your rights and reputation.
Contact a San Jose Sex Crime Attorney for a Free, Confidential Consultation
Just being accused of a sex crime can be life-altering and devastating. If someone charges you with a sex offense, do not hesitate to contact our San Jose sex crime lawyers.
Summit Defense offers an experienced criminal defense attorney that you can meet with at our law firm located in the Bay Area or in-home consultation. You can contact us at 1-866-537-2584 for a free case review.
Recent Sex Crimes Blog Posts
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- Is Car Sex Illegal?
- California Sex Offender Laws
- What Is the Legal Age of Consent in California?
- What Can Sex Offenders Not Do in California?
Courts That Handle Criminal Defense Cases in San Jose, CA
Hall of Justice (HOJ)
Cases Handled: If you are accused of committing any criminal offense in San Jose, your case will likely be handled at the Hall of Justice.
Phone: (408) 808-6600
Family Justice Center Courthouse (FJCC)
191 West Hedding Street San Jose, CA 95110
Cases Handled: If you are accused of committing any criminal offense in San Jose, your case will likely be handled at the Hall of Justice.
Phone: (408) 792-4200
Jails in San Jose, CA
The Main Jail
All inmates are initially booked through this correctional facility in Downtown San Jose.
Elmwood Correctional Facility
This correctional facility in Milpitas has complexes for both male and female inmates.
Driving Directions to Our San Jose Criminal Law Office
From North (River Oaks)
From River Oaks, get into River Oak Pkwy going South-West. Follow this road, passing Villagio, Epic Apartment Homes, and Hobee’s as you go. This will turn into E Plumeria Dr. Follow for two blocks until you reach Zanker Rd., then take a left. On Component Dr., take a left. Our Office will be on your right, next to Specialties Café & Bakery.
From East (Berryessa)
Get on Murphy Ave driving West. This will turn into E Brokaw Rd. just as you pass City Sports Club and Sprouts Farmer’s Market. Continue West on Brokaw, passing over Coyote Creek and underneath I-880. Once you reach Pacific Bay Recycling Center and Porcelanosa San Josa, take a right onto Zaker Rd. Follow Zanker for just under a mile, until you reach Component Dr. Take a left on Component, and our office will be on your right, right next to LG Display America.
From South (Downtown San Jose)
From Downtown San Jose, hop on CA-87 N heading to North San Jose. Continue North, passing Guadalupe Park, Columbus Park, and Norman Y. Mineta San Jose Intl. Airport. Take exit 9A toward N 1st St. Once you see PayPal Headquarters, take a left onto N 1st St. Follow N 1st St., once you see Ebay’s headquarters on your left, our office is on the right side of the street.
From West (Santa Clara)
Start by heading North on Scott Blvd. Follow Scott for 1.3 miles. Once you see NVIDIA on your left and Owen’s Corning on your right, turn right onto Central Expy. Once you reach the airport, take a left onto W Trimble Road. Pass under Highway 101 and over the Guadalupe River, passing Lumileds on your right. Take a right onto Orchard Pkwy, then a quick left onto Component Dr. Our office is on your left after Ebay.
Let us help you fight for your future.
When you or a loved one has been charged with a crime, you need to act quickly. Your future depends on the kind of defense you can build, and time is not on your side. Connecting with a Bay Area criminal defense lawyer from Summit Defense can give you a better chance at getting your charges dropped, reduced, or dismissed altogether. We offer in-office visits, but you are welcome to request in-home consultations.
Contact Us Now For a Free Consultation