Category: Sex Crimes

Sex Crimes | No Cuffs

California Sex Offenders Penalties Increase

California sex offenders face some of the toughest penalties in the country.

As such, part and parcel of punishment for sex crime conviction is to join the sex offender registry for life. as Megan’s Law allows for much of the personal information of a sex offender to be publicly available.  Of course, some civil liberties groups and convicted sex offenders want to see change. They argue that a one-time conviction should not remove all future opportunities. However, the general public supports tough penalties, and may even be pressing for further restrictions.

Penalties for California Sex Offenders

Penal Code § 290 requires convicted sex offenders to register as such. Registration takes place in their city or with the sheriff’s department directly. Additionally, law requires the offenders check in every year on their birthdays and with any change of address.

Convictions which may require registration include:

  • Sexual Battery;
  • Rape;
  • Indecent Exposure;
  • Lewd Acts with a Child;
  • Child Pornography Crimes; or
  • Child Molestation.

Although the laws are strict, there are a few exemptions. Indeed some people convicted of sex crimes do not have to register as sex offenders.

Discretion of Judges to Lift Registration

Judges have the discretion to spare some adult offenders from the lifetime sex offender registration. This discretion occurs when the offending sexual intercourse was non-forcible. For example; a young adult who has consensual sex with someone underage may not face the requirement. After all, the registry is a truly life-altering sentence.

In 2006, discretion for judges was expanded. Here, a California Supreme Court decision gives judges more leeway in cases of oral sex.  Judges received leeway to be treat oral sex differently than full intercourse.

Discretion Lifted

However, that said, the same court changed their position earlier this year. A convicted sex offender who was not required to register based on a judge’s discretion. Sadly, the man violated his probation by working with teenage girls in the Miss Rio Linda Pageant. Those young girls faced exposure to a sex offender. As a result the court claimed judges were applying their 2006 ruling too broadly. They state it wasn’t intended for older defendant engaging in sexual activity with much younger victims.

In this case, the offender was 48-years-old at the time. He received a conviction for oral copulation and penetration with a foreign object of a 17-year-old girl.

More Prison Time

Taking back discretion is not the only place the law is coming down even harder on sex offenders. A California state senator introduced a bill to increase prison time for sex offenders who remove GPS trackers. Sen. Patricia Bates of Laguna Niguel authored the bill that cruised through the senate with unanimous support. SB 722 make it a felony for the highest level of sex offenders to disable or remove required GPS bracelets. Violation includes up to 3 years in prison.

The bill was introduced after two homeless sex offenders kidnapped and killed four women from Anaheim and Santa Ana. They served a few months in prison previously for cutting off their GPS bracelets. Determined as they were, they did this twice.

Unemployment and Poverty

The laws limiting where sex offenders can live, increasing penalties, and requiring lifetime registration are popular with the public. However, the real-life impact of such laws could bring about a lifetime of unemployment and poverty for convicts. Many of whom have a hard time finding employment after they serve their sentence. Additionally, many are forever shunned by the communities where they live.

Frank Lindsay received a conviction of lewd and lascivious acts with a minor under 14-years-old when he was 26-years-old, in 1979. After serving his sentence and probation, he tried to move on with his life. In 1996, the creation of the public federal sex offender list put Lindsay’s name online. Of course, his life hasn’t been the same since. Neighbors and business contacts no longer treat him the same way, and one man even threatened him after breaking into his house.

Due to his experience, Lindsey takes part in an organization called California Reform Sex Offender Laws. In part, their mission is to create a tiered system for California sex offenders. This ensures that those each offense receives a different level of punishment. They argue that one person with a conviction of public nudity is not in the same category as violent rapists. Civil rights advocates argue public registries do not reduce sexual crimes or recidivism. Now, an estimated 6,000 registrants of convicted California sex offenders may be homeless, and as a result, difficult to monitor.

Get the Help You Need

The Kavinoky Law firm hires only the most experienced criminal defense attorneys in Los Angeles. If you find yourself facing a criminal conviction, don’t do it alone. You can call us anytime 24/7, 365 days a year. We don’t sleep – so you can.

Bigamy

Bigamy is considered a sex crime in California. It takes place when a married individual marries more than one person concurrently.

Bigamy Conviction in California

If convicted of this offense, the accused faces either a misdemeanor or a felony. It is punishable by up to one year in county jail or state prison. Conversely, the defendant may receive a maximum $10,000 fine.

Probation and community service or labor typically also accompany the punishments of this conviction. This crime is typically regarded as a “socially unacceptable crime.” As such, it is important that the accused to hire an experienced criminal attorney. Hire one who knows how to get through to the judge and jurors by effectively arguing the defenses that are applicable to this offense. The attorneys at The Kavinoky Law Firm excel in California sex crime defense.

Burden of Proof

Every person who has a living husband or wife and who marries another is guilty of bigamy. A defendant charged with bigamy is in an unusual situation. Since, the burden of proof lies in his or her hands, it’s unusual.

Typically, a prosecutor works to prove the entirety of a criminal charge. Then, a defendant need not say anything at all. In a bigamy case, the prosecutor must only prove that there were two marriages. Also, he must prove the first spouse is still living. However, he is not required to prove that the first marriage was still in force at the time of the second marriage. In turn, it is up to the defendant to prove otherwise.

Bigamy Defense

The individual charged with bigamy offers a defense essentially by proving absenteeism. That is, the defendant proves his or her first spouse was absent for five successive years. During this time, there was no indication that he or she was still living.

Another option is to show that the first marriage is:

  1. Void,
  2. Annulled, or
  3. Dissolved by the court. It therefore follows that no bigamy exists where a court grants legal termination of a first marriage by annulment or divorce prior to the second marriage. However, a defective or fraudulent divorce is not a defense to a charge of bigamy. A good faith belief in divorce or unlawful marriage is not a defense either.

A bigamy charge may also be filed against an individual who knowingly and willfully marries the husband or wife of another, in any case in which that husband or wife could be prosecuted for bigamy. Such an individual also faces a felony, punishable by a minimum fine of $5,000 or by imprisonment in state prison.

Bigamy laws are serious and carry heavy fines and possible state prison sentences.

In order to best avoid serious penalties and the social stigma that results a bigamist/sex offender conviction, it is imperative to hire a criminal defense lawyer. Hire a lawyer who focuses on the unique issues and emotions that are commonly come in this field of law.

Hire an Experienced Attorney

The unparalleled criminal defense attorneys at The Kavinoky Law Firm firmly grasp the complexities related to California sex crime defense. They know what it takes to obtain favorable outcomes for their clients. Additionally, they understand how to critically analyze a sex crime police report. They know how to examine percipient witnesses. Due to this, this know how to spot the weaknesses in the prosecution’s case. Of course, all of which are in an effort to have the client’s case either reduced or dismissed.

Contact one of their many Los Angeles or other California law offices today. Request a free consultation and help for an unsurpassed bigamy defense.

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Sodomy

Sodomy is a California sex crime that takes place when there is any sexual contact between the penis of one person and the anus of another. Sodomy may be charged as either a misdemeanor or a felony, depending on the severity of the case. Regardless of how it is classified, a conviction carries the requirement that the guilty party register as a sex offender, in accordance with California Penal Code 290. A skilled criminal defense lawyer who specializes in California sex crimes is the key to securing a favorable outcome, as he or she is the most qualified to represent a client charged with this type of emotionally unique and socially stigmatized case.

Sodomy, much like rape and oral copulation, may be charged under a variety of circumstances. The more aggravated the offense, the more severe the punishment. Some of the less serious sodomy charges involve situations where the accused (who can be any age) engages in sodomy with a person who is under the age of 18, where the accused engages in sodomy with another while both are incarcerated or where the accused engages in sodomy with another while both are confined in a state hospital or other treatment facility, and the alleged victim is incapable of giving consent due to his or her mental or physical disability (a fact which is known or should have been known by the accused). Under any of these scenarios, a defendant would face either a misdemeanor or a felony, punishable by a maximum one-year jail or prison sentence.

The other circumstances under which an individual may be charged with this crime lead to more serious penalties. Anyone over 21 years of age who engages in sodomy with another who is under 16 years of age will automatically be charged with a felony. Likewise, anyone who engages in sodomy with someone who is under 14 years of age and who is more than 10 years younger than he or she will automatically be charged with a felony and faces three, six or eight years in state prison. It should be noted that attempted sodomy will be criminally prosecuted as well, since the act would have been accomplished but for some intervening force (which typically means that the alleged victim was able to defend against the unwanted act).

Any force, intimidation or threats that the accused used in order to sodomize the alleged victim will also lead to a three, six or eight year state prison sentence. Similarly, if the alleged victim was unconsciousness at the time of the alleged offense (and that fact was known by the accused), or lacked the capacity to consent due to intoxication (and that fact was either known or should have been known by the accused), consented (believing that the accused was his or her spouse because the accused induced him or her into believing so) or lacked the capacity to consent due to a mental or physical disability (and that fact was either known or should have been known by the accused), the accused will face the same three, six or eight year state prison sentence.

The most aggravated sodomy offense occurs when an individual voluntarily acts in concert with another person, either personally or by aiding and abetting that other person, to engage in sodomy against the will of the alleged victim. Under that type of scenario, the accused faces imprisonment in the omit state prison for five, seven or nine years. It must be noted that consecutive sentencing applies to California sex offenses, which means that a defendant convicted of multiple illegal sex acts could actually be imprisoned for life.

The outstanding criminal attorneys at The Kavinoky Law Firm meticulously analyze and review all the facts of every case to determine what defenses will be the most effective and which evidentiary issues might lead to a reduced charge or an early dismissal. They have mastered California sex crime defense, which is clearly revealed in their skill and practice. For the most trusted legal advice and unequaled representation, contact the Kavinoky law firm today for a free consultation.

The Penalties For California Sex Crimes Involving Great Bodily Injury and/or Weapons

The Penalties For California Sex Crimes Involving Great Bodily Injury and/or Weapons

California felony sex offenses that result in great bodily injury to anyone other than the accused or an accomplice, and offenses that involve firearms or other dangerous or deadly weapons, will result in severe and enhanced punishment for the accused. The experienced sex crime defense attorneys at The Kavinoky Law Firm are the key to avoiding these devastating penalties.

An individual convicted of inflicting great bodily injury during the commission or attempted commission of a felony sex offense will receive a consecutive three-year prison sentence in addition to the punishment that he or she receives for the underlying offense. If the victim’s injury resulted in a coma or paralysis or if the injured victim was over 70 years of age, the accused will receive an additional and consecutive five-year sentence. If the injured victim is a child under the age of 5, the accused will receive a four, five or six-year consecutive enhancement. It should be noted that when three sentencing options are available, the judge is required to impose the middle term unless aggravating or mitigating circumstances support either the higher or lower term. The enhancement will be the same if the injured victim is an intimate partner of the accused, meaning his or her heterosexual or same-sex partner, the person with whom he or she lives, the person whom he or she is dating, or a person with whom the accused was formerly involved.

An individual convicted of inflicting great bodily injury on a victim during the commission or attempted commission of certain acts of rape, spousal rape, rape in concert, lewd or lascivious acts, forced penetration, sodomy or oral copulation will also receive a five-year enhancement for each violation. In circumstances such as this, where a consecutive sentence is not mentioned, it means that the judge has the option whether to impose the enhancement consecutively or concurrently. It must be noted that if two or more enhancements are applicable to the same victim for the same offense, only the highest great bodily injury enhancement will be imposed, however, enhancements for other situations may still apply.

An individual convicted of being armed with a firearm or of using a dangerous or deadly weapon while committing or attempting to commit a felony sex offense, will receive an additional one-year enhancement. If the individual was acting in concert with another during the offense or attempted offense, and knew that the other person was armed, he or she will receive an additional and consecutive term of one, two or three years.

An individual convicted of being armed with a weapon during the commission or attempted commission of a rape, spousal rape, rape in concert, sodomy, lewd or lascivious acts, oral copulation or forced penetration, will receive a one, two or five-year additional enhancement. An individual convicted of using a firearm or deadly weapon under those same circumstances will receive an additional three, four or ten-year enhancement.

An individual convicted of using a firearm during the commission or attempted commission of a felony sex offense will receive an additional and consecutive term of three, four or ten years. If the firearm is an assault weapon, the accused will receive an additional and consecutive term of five, six or ten years.

It should be noted that an individual convicted of using a firearm during the commission or attempted commission of lewd or lascivious acts, rape, spousal rape, rape in concert, the continuous sexual abuse of a child, sodomy, oral copulation, sexual penetration or the aggravated sexual assault of a child, will not be granted probation. It should also be noted that only one enhancement (the one that imposes the greatest sentence) will be applied for a crime involving a weapon, however other enhancements for other circumstances (for example, great bodily injury) may be additionally imposed.

To learn more about sex offense penalties and defenses, contact the outstanding criminal defense attorneys at The Kavinoky Law Firm today for a free consultation.

Contributing to the Delinquency of a Minor

Contributing to the delinquency of a minor is a misdemeanor offense in California. Those who coerce, persuade, or aid minors in committing crimes, are liable for prosecution.

Contributing to the Delinquency of a Minor

This charge exists to prosecute those who commit or fail to commit an act which induces crime. Specifically Contributing to the Delinquency of a Minor causes or encourages a person under the age of 18 to commit crime. The child is now a ward or dependent of the juvenile court.

The state may also levy this offense against an individual who either:

  • Threatens,
  • Commands,
  • Persuades, or
  • Induces a minor, ward or dependent child of the juvenile court to do or perform a crime. Additionally, this act may cause the child to remain such a ward or dependent. So, this act itself is a crime.

Since this crime includes both acts and failures to act, an individual may either intentionally or negligently commit this offense.

Contributing to the Delinquency of a Minor Conviction

If convicted under either of these circumstances, the accused faces a misdemeanor. This misdemeanor carries a maximum fine of $2,500 and up to one year in county jail. Additionally, it carries a maximum five-year probationary sentence. If any of these acts (or failures to act) involved lewd or lascivious conduct, then the consequences increased. Now, the accused now must register as a sex offender, pursuant to California Penal Code 290.

In order to avoid these penalties, it is imperative that the accused contacts a criminal attorney. In fact, ensure the attorney knows what defenses typically apply to this type of offense. The lawyer must also know how to effectively convey them to a judge and jury.

The skilled defense attorneys at The Kavinoky Law Firm specialize in crimes against children and in California sex crime defense. They are well-equipped to tackle any issue that comes their way.

Additional Charges

Contributing to the delinquency of a minor is applicable to someone who does know the child.

As a matter of fact, a “stranger” over 21 years of age who knowingly contacts/communicates with a minor under age 14 this the person is now open to prosecution. It does not really matter in the eyes of the law whether the person reasonably knows the child’s age. If this contact begins for the purpose of:

  1. Persuading and luring, and/or
  2. Transporting; or
  3. Attempting to persuade, lure, and/or or transport that minor away from the minor’s home, or from any location known by the minor’ s parent, legal guardian, or custodian, without the consent of such an authority and with the intent to avoid that authority’s consent.

A “stranger” is a person of casual acquaintance with whom no substantial relationship exists. Conversely, this person can also be one with whom a relationship exists for the primary purpose of victimization.

Additional Penalties

Depending on the severity of the offense and on the defendant’s prior criminal history, the accused faces either an infraction (punishable by a fine) or a misdemeanor, punishable by up to six months in jail and a maximum $1,000 fine. If there was an emergency situation (which means that there was a situation where the minor was threatened with imminent bodily harm, emotional harm, or psychological harm) that led to this offense, that will serve as a defense and the accused cannot be convicted of this charge.

An individual who contacts minors as a part of his or her legitimate job or as a volunteer of a recognized civic or charitable organization is also exempt from conviction, so long as the contact was otherwise lawful.

An individual who either owns, leases or otherwise operates a place where a prizefight or cockfight is advertised or represented to take place who admits a minor onto the premises or who sells or gives an admission ticket to a minor will be charged with a misdemeanor, punishable by up to $100 or by a maximum 25-day jail sentence. This type of offense will be prosecuted under the theory of contributing to the delinquency of a minor.

Hire an Attorney

The outstanding criminal defense lawyers at The Kavinoky Law Firm know the law in great detail. Especially pertinent to this type of crime and crimes against children. They keep up-to-date on the latest laws and cutting-edge trial strategies that are relevant to these types of crimes. In turn, this gives their clients a tremendous advantage.

The Kavinoky Law firm hires the best criminal defense attorneys in California. Our excellent and experienced attorneys work hard to fight for their clients’ rights. If you find yourself on the wrong side of the law, call 1.800.No.Cuffs for a free consultation. 

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Sex Crimes Against Children

Sex crimes against children are among the most punitive crimes in California, and carry severe penalties.

Sex Crimes Penalties

These severe penalties include lifetime incarceration and mandatory registration as a sex offender, pursuant to Penal Code 290. They encompass a variety of charges and all elicit highly-charged emotions from judges and juries, which is why it is critical that an individual accused of one of these offenses hires a skilled California criminal attorney who specializes in sex crime defense and who knows the most effective ways to defend against the devastating and life-changing consequences that such a conviction carries.

 

Felony Aggravated Sexual Assault

A felony aggravated sexual assault charge subjects the offender to fifteen years to life in prison. This conviction occurs when the act is against a child who is younger than 14. Additionally, if the child is seven or more years younger than the accused.

To clarify, these acts include:

  1. Rape. Using force, violence, or threats to kidnap, falsely imprison, or inflict extreme bodily injury or death upon the victim or another, or when the accused acts in concert with another,
  2. Sodomy. Under the same circumstances mentioned above,
  3. Oral copulation. Under the same circumstances mentioned above,
  4. Sexual penetration. Committed against the victim’s will by means of force, violence, or intimidation.

The court imposes a consecutive sentence for each offense that results in a conviction. In fact, each conviction includes each separate violation regardless of same or different victim. If the violations occur on separate occasions, they treat them as separate crimes to prosecute.

Sentencing

A judge grants a prison sentence of 25 years to life upon conviction of an individual in one specific circumstance. For this sentence, the accused is over the age of 18 and engage in sexual intercourse/sodomy with a child who is 10 years of age or younger. Fifteen years to life will be imposed in conjunction with a conviction for orally copulating or sexually penetrating a minor 10 years of age or under by an individual 18 years of age or older.

Continuous sexual child abuse will be charged against an individual who either lives with the abused child under the age of 14 or who has recurring access to the child and engages in three or more acts of substantial sexual conduct (which means oral copulation, masturbation or sexual penetration) or three or more acts of lewd or lascivious conduct (which means any act done with the intent to arouse, appeal to or gratify the lust, passions or sexual desires of the accused or victim) over a minimum three-month period. A conviction for this offense carries a six, twelve or sixteen-year prison sentence. A defendant may be charged with only one count under this section unless the other charged offense occurred under a different time period or more than one victim was involved.

Harmful Matter

The least serious sex crimes against children involve situations where an individual knowingly:

  1. Distributes, sends, or exhibits any harmful matter (that is, sexual material that lacks serious literary, artistic, political or scientific value for minors)
  2. To a child with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of him or herself or the minor,
  3. With the intent or purpose of seducing the minor.

Consequently, upon a first conviction, the accused faces either a misdemeanor or a felony. Therefore, the crims results in up to one year in jail or prison. However, upon a second or subsequent conviction, the crime is automatically classified as a felony. Distributing, sending or exhibiting these materials in aid of legitimate sex education or scientific educational purposes will serve as a defense to this crime.

A person convicted of any of the above acts against a child under 14 shall not have a suspended sentence. That is, not until the court obtains a report from a psychiatrist or psychologist. The report is so the court can see the mental condition of the accused.

Hire an Attorney

The outstanding criminal defense lawyers at The Kavinoky Law Firm are masters in the defenses pertinent to these sex crimes. Additionally, the ways in which they are most successful. To secure an unparalleled defense and the most trusted legal advice, call them today for a free consultation. Rest assured, the firm commits itself to securing the best outcome for its clients.

We staff only the best lawyers in California so we can defend you to the best of our ability.

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Three Strikes Law

The California Three Strikes Law

California enacted a “Three Strikes Law” in March of 1994 that dramatically increases punishment for those who repeatedly commit “serious or violent felonies”. Many sex crimes constitute serious or violent felonies, which means that, under this law, a twice-convicted sex offender could face life in prison if he or she commits any subsequent felony offense. This is a very important reason why it is critical that an individual accused of a felony sex crime immediately contacts an experienced criminal defense lawyer who specializes in California sex crime defense, and who knows how to successfully challenge this law.

Under the California Three Strikes Law, sex offenses that are serious or violent felonies count as a “strike,” even if they were committed prior to the enactment of the Three Strikes Law, committed in another state, or committed as a juvenile. When an individual is charged with a felony (any felony, not just a serious or violent one) and has a prior “strike” on his or her record, he or she will be referred to as a “second-striker” and the sentence in the new case will be twice the term otherwise required by law. When an individual is charged with a felony – again, any felony – and has two prior “strikes” on his or her record, he or she will be referred to as a “third-striker” and will serve a minimum mandatory sentence of 25 years to life in state prison.

There are ways to defend against this sentencing schedule, but only a skilled criminal attorney has the knowledge to effectively do so. The unparalleled defense attorneys at The Kavinoky Law Firm have mastered the California laws that relate to sex crimes in order to provide the most comprehensive and vigorous defenses for their clients. They keep up-to-date on this complex and ever-changing area of the law, which includes the latest evidentiary rulings, policy debates and cutting-edge trial strategies.

When a client of The Kavinoky Law Firm faces a third strike offense, the first line of attack is the pending charge. The attorney will aggressively defend against the allegation to either acquit his or her client, to have the case dismissed or, at the very least, to try to reduce the charged offense. In a case where the open charge is a wobbler, the savvy lawyer knows the most effective ways to convince a judge that it should be sentenced as a misdemeanor, which avoids the California Three Strikes Law. The qualified attorney also knows what arguments are most likely to persuade a judge to dismiss a prior “strike” to similarly avoid a 3-strikes sentence. It should be noted that although the decision as to how to charge a wobbler lies in the hands of the prosecutor, it is ultimately the trial court that has the authority to reduce a felony charge to a misdemeanor at the time of sentencing.

California’s Three-Strike Law demands that anyone accused of a wobbler or felony sex offense hires an exceptional criminal attorney to defend against the severe penalty that this law imposes. This unfair, indiscriminate sentencing scheme allows a relatively minor misdemeanor sex offense to transform into a felony at the discretion of the prosecutor, which could result in a permanent strike on an individual’s record or worse, in a lifetime prison sentence.

With law offices in Los Angeles and throughout California, The Kavinoky Law Firm is conveniently located for those in need of an outstanding California sex crime defense attorney. To best avoid these devastating consequences, contact them today for a free consultation, for the most trusted legal advice and for unsurpassed representation.

Incest

Incest will be charged when individuals who have certain familial relationships either intermarry or commit fornication or adultery with each other. Incest is considered a sex crime in California, regardless of whether the sexual intercourse was consensual or not. If convicted of this crime, the accused faces a felony, punishable by imprisonment in state prison and a mandatory requirement that he or she registers as a sex offender, in accordance with California Penal Code 290.

Incest is perhaps one of the most socially stigmatized sex crimes, as society typically believes that intimate relationships between family members are immoral and unnatural. As a result, a judge and jury will be eager to convict an individual accused of this offense. This is why it is so important for the accused to hire a criminal attorney who specializes in this very unique area of the law and who knows how to effectively influence those who hold these views.

Persons who are related within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who are 14 years of age or older, commit fornication or adultery with each other, will face this charge. Marriages between parents and children, ancestors and descendants of every degree, between sisters and brothers, between half-brothers and half-sisters and between uncles and nieces or aunts and nephews are incestuous, and void from the beginning, whether the relationship is legitimate or illegitimate. This means that even a consensual, sexual relationship will be deemed illegal, ruling out consent as a defense to this crime.

Although it would seem that consensual sex between adults should be private business, not regulated by the government, the state believes that it can legitimately justify its intrusion into the personal and private lives of individuals based on its interest in protecting against inbreeding (which can cause mutated births), protecting the integrity of the family unit, protecting persons who might not be in position to freely consent to sexual relationships, and in protecting children from the abuse of parental authority.

The criminal penalties that an individual faces after being charged with incest are severe enough – he or she shouldn’t also have to deal with unfair judgment and prejudice from the person that he or she turns to for help as well. The trusted criminal defense lawyers at The Kavinoky Law Firm are dedicated to protecting their client’s rights and freedoms and will stop at nothing to make sure that their clients receive fair trials and are treated by the criminal courts system with nothing but the utmost compassion and respect. They have mastered this particularly difficult area of the law and know the most effective ways to communicate their clients’ defenses to the judge and jury. To learn more about the defenses that are applicable to incest from a firm who is recognized as one of the most reputable throughout Los Angeles and California, contact The Kavinoky Law Firm at one of their many law offices today for a free consultation and for unsurpassed representation.

 

Sexting

Prosecutors are increasingly targeting adolescents for “sexting” – sending naked or sexually suggestive pictures of themselves with cell phones or posting them on the Internet. These “sexting” teens can face charges of possessing or distributing child pornography.

While no one wants to see their teenager “sexting” – these images can negatively impact a teen for years to come – prosecuting adolescents under child porn laws isn’t the answer. However, although several judges have barred prosecutors from pursuing these charges, your child’s reputation could be harmed by any involvement in this type of investigation. If your teenager is involved in a “sexting” investigation in any way, it’s important to consult with an experienced lawyer.

California child pornography charges carry extraordinarily harsh repercussions that can include incarceration and lifetime sex offender registration. Even a teenager convicted of child porn for relatively harmless “sexting” could face this punishment, so it’s critical to fight aggressively for your teenager’s rights.

Teenagers with access to technology are naturally going to push the boundaries, and adolescents are bound to experiment. Even teens who send a photo to only one other recipient with no intention of distributing the image more widely have been targeted by “sexting” Be sure to educate your teen about the hazards of “sexting” and the dangers of being charged with child pornography.

An attorney who completely understands California’s child pornography laws and the issues surrounding “sexting” is your family’s best protection against overzealous prosecution. For more information about “sexting” and child pornography laws, please contact a skilled criminal lawyer from The Kavinoky Law Firm today at 1-877-4-NO-CUFFS for a free consultation.

Bail and Sex Offenses

Bail and Sex Offenses

In California, when an individual is arrested for a sex crime, he or she is taken into custody until either bail is posted, until he or she is released on his or her own recognizance (also referred to as OR) or until his or her trial if the offense is so severe that it is considered unbailable. In order to be released from custody as quickly and as inexpensively as possible, the accused (or a family member or friend of the accused) should immediately contact the knowledgeable and discreet sex crime defense attorneys at The Kavinoky Law Firm, who are outstanding in this complex field of law and know how to successfully tackle every stage of the criminal court process.

The Los Angeles County 2007 Felony Bail Schedule will serve as an example of the amount of bail that may be set for specified sex offenses. Every county in the state has its own bail schedule and the amounts in each may be modified at the court’s discretion, as permitted by law. Typically, bail for an offense will be specifically listed in the schedule. If it is not, there are general bail amounts that may be used, depending on the maximum state prison term that is applicable to the offense, and these amounts will range from $20,000 for a maximum three-year sentence to $100,000 for a maximum 16-year sentence to $1,000,000 for a life sentence.

When the accused is charged with two or more offenses, the highest bail amount will be used, unless the offenses were committed against separate victims or on separate dates or where separate sex acts were performed on the same victim and each may be separately punished. If the offenses fall under any of those scenarios, the bails may be totaled. Aggravating circumstances and/or prior convictions also carry independent bail amounts, which will be added one time per defendant or per case.

It must be noted that some of these offenses, even though a specific bail amount is posted, may be unbailable crimes or may have a variety of bail amounts that are applicable, which is why it is absolutely vital that the accused contacts a qualified criminal defense lawyer who can reconcile any discrepancies with clarity and competence.

 

 

Rape (committed in situations where force or threats weren’t used) = 100,000 Rape (in concert with force and violence) = $250,000 Statutory rape (with person under 18) = $20,000 – if defendant is over 21 and alleged victim is under 16 = $25,000 Spousal rape (committed in situations where force or threats weren’t used) = $100,000 Pimping = $25,000 – if other is a minor over 16 = $50,000 – if other is a minor under 16 = $75,000 Pandering = $35,000 – if other person is a minor = $50,000 Incest = $50,000 Sodomy (with minor under 18) = $50,000 -all other situations, including those when the alleged victim is under 16 and the accused is over 21 and when the alleged victim is under 14 and the accused is more than 10 years older = $100,000 Lewd act with a child under 14 = $100,000 Oral copulation (with minor under 18) = $50,000 -when alleged victim is under 16 and the accused is over 21 = $75,000 -all other situations, including those when the alleged victim is under 14 and the accused is more than 10 years older = $100,000 Arranging or attending a meeting with a minor to procure sexual exposure = $75,000 Contacting a minor with the intent of committing a sexual offense = $5,000             -with a prior = $25,000 Engaging in specified sex acts with a minor under 10 = $100,000 Sexual penetration = $100,000 Failure to register as a convicted sex offender, under Penal Code 290 = $20,000 Bringing or distributing obscene matter within the state of California = $40,000 Using a minor to bring or distribute obscene matter within California = $40,000 Possession or control of child pornography = $20,000                 -with prior = $40,000 Indecent exposure = $35,000

 

Contact the experienced criminal defense attorneys at The Kavinoky Law Firm today for more information and for a free consultation.