One-strike sex cases

California has one of the most severe sentencing schemes in the nation commonly called the Three-strikes law. Three strikes on one’s record may result in a life sentence without the possibility of parole. These laws apply to serious felonies and many of this state’s sex crimes will qualify for prosecution under this law. When an individual is convicted of a qualifying serious felony, he or she will obtain his or her first strike, which will result in 15 years to life in the state prison or in 25 years to life in the state prison. When faced with such a charge, the only way to hopefully avoid these devastating possibilities is to hire a criminal defense lawyer who has mastered this area of the law and who knows how to defeat a felony sex crime conviction.

Violent felony sex crimes are prosecuted as “one-strike”, “three-strike” or “habitual sex offender” crimes. Prosecutors are forbidden from engaging in plea bargaining over these offenses unless there is insufficient evidence to prove the people's case, the testimony of a material witness cannot be obtained or a reduction or dismissal would not result in a substantial change in the sentence. The skilled criminal attorneys at The Kavinoky Law Firm critically evaluate every case in a diligent effort to uncover all of the flaws in the prosecution’s case that will encourage a plea bargain, knowing exactly how to convince a prosecutor or judge that the case lacks sufficient evidence.

With respect to California sex offenses, the following charges apply to these laws: rape, sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury to the victim or another person, oral copulation by those same means, any forcible acts of sexual penetration and the commission of rape or sexual penetration in concert with another person. With respect to sex crimes against children, the following charges apply: lewd or lascivious acts on a child under 14, continuous sexual abuse of a child, the aggravated sexual assault of a child and sexual intercourse, sodomy, oral copulation or sexual penetration with a child 10 years or younger.

When an individual is convicted of any of these offenses and has been previously convicted of a serious felony (whether or not it was sexually related) in this state or in another state that meets this state’s definition of a “serious felony,” he or she will receive an additional five-year state prison sentence for each qualifying prior conviction that was brought and tried separately. The sentence imposed in the present offense and each enhancement will run consecutively, which means that they will run back-to-back.

With such severe penalties, it would be quite foolish for an individual accused of a one-strike crime to hire an inexperienced attorney, as his or her freedom, family and future are too valuable. The trusted, experienced defense attorneys at The Kavinoky Law Firm know what it takes to win and are dedicated to producing the most favorable results for their clients. They scrutinize every police report, question all witnesses, independently examine and analyze any physical evidence, highlight any discrepancies in testimony or reports and pride themselves on their exceptional cross-examination skills, which often leave judges and jurors doubting the credibility of the prosecution’s witnesses and case. With law offices located throughout California, including several in Los Angeles, they are easily accessible for anyone in need of an outstanding California sex crime defense lawyer. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best! Contact them today for a free consultation and for unparalleled representation.