Sex Crimes Defense Lawyers
NorCal Criminal Defense lawyers provide criminal defense services in the greater Sacramento area, Gold Country and all of Northern California on serious felony and misdemeanor sex charges. We have extensive experience successfully defending the most serious of sex charges. Many of our cases are referred by other attorneys as we pride ourselves in accepting and successfully defending tough cases other attorneys won't take.
The justice system is handing down overwhelming harsh sentences for sex offenses at every level, including even misdemeanor sex offenses. If an individual is convicted, prison may only be the beginning. Sex offender registration lasts a lifetime and is required for not only felony convictions but misdemeanors as well. Moreover, if a person is labeled a “sexually dangerous predator” after they serve a prison sentence- then they can be indefinitely committed to a mental institution in California. And now, new laws require lifetime GPS monitoring and strict residence requirements where a person can even live.
At the same time, false allegations are on the rise. ( See "child suggestibility") The reasons for this are complicated; but we are aware of many of the dynamics involved in aggressively representing an individual charged with a sex offense.
At NorCal Criminal Defense, the goal in these difficult cases is to prove innocence whenever possible, to seek treatment when appropriate, and to maintain fairness and balance in the system in all cases. To accomplish these goals, the firm uses a variety of legal tools, including psychiatric evaluation and testimony. Our sex crimes defense attorneys work closely with forensic psychiatrists and psychologists to understand and communicate the intent and the capacity of the person charged with a sex crime, and to fully explore all mitigating circumstances.
Sex Offense Charges
Sex crimes allegations can devastate a person's entire life even before charges are filed. It has been said, "it is the deadliest accusation". If you, or a loved one, has been accused of sexual misconduct of any kind, you need a sex crimes attorney who understands how these accusations are made and how to defend them. If you want to find out what can be done for your situation, we’ll be glad to privately talk with you. We know you will find our staff incredibly knowledgeable, friendly and willing to help and we are confident that you'll be impressed with our firm and what we will be able to do for you.
Penal Code 243.4 Sexual Battery
Penal Code 261.5 Statutory Rape
Penal Code 288 Lewd Acts with a Child
Penal Code 290 Failure to Register
Penal Code 311 Child Pornography
Penal Code 314 Indecent Exposure
Penal Code 647(a) Lewd Conduct in Public
Penal Code 647(b) Prostitution Solicitation
Penal Code 261 Rape
Penal Code 262 Drug induced rape
Penal Code 289 Sex Penetration
Sex Computer crimes
Sexual Violent Predator civil commitments
Types Of Cases We Handle:
Studies have repeatedly shown that over half of molestation-abuse
accusations are false, yet this crime is one of the simplest for a prosecution and has the highest conviction rate of any felony charge. The accusation alone, even if unsubstantiated can ruin lives.
The accusation of an alleged molest often times start in a divorce/custody battle or some other family dispute. Sometimes anonymous, a false accusation of abuse can lead to the removal of your children by CPS, termination of parental rights, to criminal charges and ultimately to a prison sentence. Understanding how these allegations can arise and how the criminal justice system deals with them, is your best defense.
Child Physical Abuse
A little knowledge is dangerous... and more and more the freedom given to Child Protective Service workers (CPS) in defining corporal punishment is what most often leads to false allegations of physical child abuse. Biased staff combined with often unchecked power; and a judicial system that relies on information from people in the employ of the government will lead to criminal charges being filed. CPS may mean well, but in a time of almost weekly news where overworked staff fail to fully investigate the actual facts of a case- leads to an attitude of 'shoot first and aim later'.
False Memory Syndrome
The psychological area dealing with sexual assault is full of 'junk science' and misapplication of good science. Repressed Memory is the latest fad among therapists. Their unorthodox methodology is used to revive memories of childhood incest in order to explain away adult problems. Individuals who make allegations of sexual abuse against one of their parents as a result of 'recovered memory therapy' may be the victims of a dangerous fad. There is little support for such procedures in the professional literature as so called memories may have been created through suggestive and invasive techniques, especially if there is no corroborating evidence of abuse.
How is it possible to sit at your own computer exercising your First amendment rights and be the subject of a police Internet sting operation? Actually, it is quite easy once you understand the law.
In the State of California all "attempt" crimes carry as a sentence one half of the underlying crime. Lewd acts with a minor under the age of fourteen years (Penal Code § 288(a)) carries eight years in prison; therefore, attempted lewd acts with a minor under the age of fourteen carries four years in the state prison. Although, these 'stings' are becoming more common by law enforcement and computers are being routinely seized, a careful and detailed review of the facts is always required.
The criminal allegation that is easy to claim and increasingly difficult for the defendant to disprove. In addition to 'rape shield' laws that severely restrict a defendant's ability to cross examine his accuser, California also has Evidence Code § 1108 that further crippled a defendant's ability to remain innocent in the eyes of the jury until proven guilty. The code section allows the prosecution to introduce mere allegations, of defendant's character, made by other women allegedly assaulted on previous occasions to prove that a rape occurred in the currently charged offense. However, no corroborative evidence is required to introduce these alleged prior incidents! There does there have to exist a criminal charge or even a prior police report. The uncorroborated word of a single individual is sufficient. Nonetheless, The key to a successful rape defense is a complete investigation into all the facts of the case and working closely with forensic experts.
Unfortunately, there is oftentimes a gender bias in the enforcement of the law. The penal code sections do not distinguish between the accused being a man or a women. However, the vast majority of the people entrusted to enforce these laws favor a woman's testimony, not only because of cultural bias, but because of the out-dated psychological training that the police, judges and prosecutors receive from one school of health care professionals.
In the vast majority of cases, the man is arrested and the women left in the house. It is much less common that officers have each of the individuals make a citizen's arrest of the other, and then transport them both to jail. Even in this situation, however, when the officer files a report stating he arrested both male and female parties, research and experience shows that the prosecutor usually proceeds with charges against the man and releases the woman.
Please feel free to contact me personally and confidentially at NorCal Criminal Defense Lawyers by e-mail or call 530-265-0186 for a
strictly confidential consultation.