San Rafael Sex Crimes Attorney

A Summit Defense San Rafael Sex Crime Lawyer has always been dedicated to defending individuals accused of state and federal scandals. We are also proud to say that Summit Defense has received an “A+” rating from the Better Business Bureau for providing superior customer service to its clients for the past six years.

If you have been wrongfully accused of a sex offense in San Rafael, California, contact Summit Defense to speak with one of our San Rafael sex crime lawyers.

Penalties For Sex Crimes In San Rafael, California

Sex crimes in San Rafael, California have severe consequences. That is why you need the most expert, assertive, and skilled San Rafael sexual assault lawyer on your side.

If you are convicted of a San Rafael sex crime, you will face additional penalties. A guilty plea has the following consequences:

• Incarceration in California state prison or county jail;
• Register as a sex offender in California for a lifetime;
• Difficulty in the expungement of a sex crime conviction;
•  Prohibition on firearm possession;
• Some requirements to reveal a conviction on job applications;
• Deportation;
• Fines;
• Probation;
• Community service;
• Court fees;
• A strike on your criminal record.

Common Sex Crimes That We Defend In San Rafael, Ca

Rape

Rape happens when a person cannot consent because they are incapacitated, involuntary, or drugged up.

Under California Penal Codes 261 and 262, there are numerous rape offenses. The following cases may be classified as rapes:

1. Rape by force. It happens when someone has completed the intercourse through force, violence, or threat of retaliation.
2. Rape at a concert. It happens when a sexual assault occurs by a group of persons, whether or not that person had intercourse with the victim.
3. The rape of a drunken person occurs when the victim has consumed, taken, or been given drugs.
4. Rape of a person who is unconscious. It happens if the victim cannot resist because they are unaware of the nature of the act at the time.
5. Sexual assault of a disabled person. This happens if someone is having an affair with a person who has a mental problem, a physical impairment, or a mental disability that prevents them from legally consenting.
6. Violation by deceit occurs when someone deceives the victim, either by withholding facts from her or convincing her that they married each other.
7. Rape of a spouse. This occurs when someone is having sexual intercourse with a spouse against the person’s will or without consent.

Indecent Exposure

It is an offense under California Penal Code 314 to engage in ‘indecent exposure.’ Indecent exposure refers to willfully exposing your genitals to someone either for your own sexual gratification or to offend the other person sexually. It is also considered an offense to ask or assist someone else to do this.

This is considered a more severe charge than lewd conduct in a public place – and a conviction will result in an obligation to register as a sex offender.

Child Molestation

Several offenses cover child molestation under Sections 288 and 289 of the California Penal Code. It is considered molestation of a child to commit sexual acts such as oral copulation, penetration, or intercourse with a juvenile. It can also be considered molestation to touch a child for sexual gratification, even if the touching does not happen in the genital area. Furthermore, having a juvenile expose themselves or an adult exposing themselves to a juvenile for sexual gratification can also be considered molestation.

Several offenses involve communicating with juveniles, such as sending or showing harmful material to them, communicating with a juvenile with intent to commit a felony, or arranging a meeting to engage in lewd activities.

In many of the offenses under this part of the Penal Code, the age of both the juvenile and the defendant and the kind of act committed can significantly change the level of seriousness of the offense.

Child Pornography

Under California Penal Code 311, child pornography is defined as material that contains a visual depiction of a minor engaging in or simulating sexual conduct.

Possession of child pornography is a wobbler offense (can be charged as a felony or misdemeanor). The offense level will almost always depend on the number of images you are alleged to possess and the age range of minors depicted, though the county in which you are arrested will play a role in the level of offense. For example, the Santa Clara District Attorneys’ office is far more likely to file felony charges than Alameda or San Francisco.

The maximum penalty for child pornography possession is three years in state prison. Regardless of the sentence imposed, California penal section 290 requires a lifetime sex offender registration if you are convicted of possessing child pornography.

Sexual Battery

Sexual battery is an offense under Penal Code 243.4 in California. This offense is sometimes called ‘sexual assault’ and concerns the unwanted touching of a person’s ‘intimate parts’ for sexual arousal, gratification, or abuse.

Different kinds of touching – for example, through clothing versus bare skin – are treated with different levels of seriousness under the law. However, minor sexual battery is still regarded as a sex offense. This means that a conviction has severe consequences and can include the requirement to register as a sex offender.

Statutory Rape

Statutory rape refers to sexual intercourse with anyone under the age of 18. The term statutory means that knowledge of age is not a relevant element of this crime. It is a Strict Liability crime, wherein the mental state is not an element of the offense.

Having sex with someone under 18 is a crime in California under Penal Code 261.5. The law refers to this offense as ‘unlawful sexual intercourse,’ but it is commonly referred to as statutory rape. This offense generally covers those cases where both parties agreed to have sex and did so willingly but where at least one of the parties was underage.

It is an offense to have sex with someone under 18 in California because that is the ‘age of consent.’ This is because the law considers all people under 18 unable to consent to have sex. This does not mean that a person under the age of 18 cannot agree to have sex with someone – they can and do, and it happens all the time. Instead, being old enough to have the capacity to consent to sex is a legal concept.

Failure to Register as a Sex Offender

Anyone convicted of a sex offense in California or Federal court needs to register as a sex offender. These include almost all rape offenses, child molestation offenses, child pornography offenses, and offenses of lewd conduct. There are very few offenses excepted from this rule. But if an alternative charge is available in your case, we will do everything possible to have the alternative filed so you are not exposed to registration. If you have been charged with any sex offense, you should immediately contact a San Rafael sex crimes attorney to determine if a conviction would expose you to lifetime registration.

Under California Penal Code 290 to 290.024, registration of sex offenders is required for life, as long as offenders are living, working, or going to school in the state. Under the Federal law – the Sex Offender Registration and Notification Act – all people convicted of registerable sex offenses in Federal courts must register in the jurisdiction where the conviction occurred. Further, as long as an offender is living in, working in, or going to school in California, the state requirements for registration will apply to both state and federal offenses, and an offender will have to register for their entire life.