DNA

DNA (deoxyribonucleic acid) evidence is used to acquit or convict those charged with sex crimes. This evidence is specific to each individual, so no two people (other than identical twins) share the same DNA. DNA remains constant throughout one’s life, is found in virtually every cell in the body, and is easily retrievable from one’s blood, saliva, semen, hair or skin tissue. Once collected, it will be entered into a California DNA database. Because DNA evidence carries so much weight, it is critical that an individual accused of a sex offense in California hires an experienced criminal defense attorney who specializes in California sex crime defense and who has mastered this scientific and complex area of the law.

Anyone arrested for or charged with a California misdemeanor or felony (or an attempted crime) that would be required to register as a sex offender, pursuant to Penal Code 290 if convicted, or who has been ordered by the court to reside in a mental health facility or sex offender treatment program, is required to provide a DNA sample, consisting of swab samples, right thumbprints, a full palm print impression of each hand, and any blood specimens or other requested biological samples. These offenses include most instances of rape, spousal rape when accomplished or attempted using force, violence or threats, rape or sexual penetration when acting in concert with another, enticing a female unmarried minor into prostitution, committing a sex act where consent was procured by fear and false representations, pimping and pandering with a minor, procuring a child under 16 years of age for lewd or lascivious acts, abducting a minor for prostitution, aggravated sexual assault of a child, incest, sodomy, lewd or lascivious acts with a child under the age of 14, oral copulation, continuous sexual abuse of a child, penetration with a foreign object, certain crimes dealing with obscene materials, indecent exposure, conduct involving lewd or lascivious acts that fall under “contributing to the delinquency of a minor” and using harmful matter to seduce a minor. An individual may submit a sample for any other offense if agreed to in a plea bargain.

Samples are supposed to be collected as soon as administratively possible after an arrest, but if an officer or the prosecuting attorney fails to verify that the samples have been collected, the court will do so prior to the final disposition or sentencing in the case, and will require the defendant to provide a sample at that time. DNA samples may also be collected from those who have prior convictions from this state or from any other court that would have been qualifying crimes if committed in this state, even if already incarcerated or previously released. Samples that are destroyed or unusable for any reason will be discarded and the person who provided the original sample will be required to submit a new one.

An individual who refuses to provide a sample faces a separate misdemeanor charge, punishable by up to $500 and a maximum one-year jail sentence. An individual already serving time in prison will be separately sanctioned as well. When an individual refuses to provide a sample, an officer may use reasonable force to collect one if the request is pre-approved by a supervising officer. If the forced sample consists of a cell extraction, the extraction must be videotaped.

Finally, an individual who either substitutes his or her own DNA for another’s or who tampers with the collected sample faces a separate felony, punishable by two, three or four years in state prison.

DNA samples may be removed or expunged from the database if, after the arrest, a formal complaint was never filed, if the accused was acquitted, or if the case was dismissed and the accused has no prior offenses that required DNA samples.

The skilled California sex crime attorneys at The Kavinoky Law Firm understand this technical and complex area of the law, and know the proper arguments to make in order to either exclude improperly collected samples or to have the samples expunged when appropriate. Contact them today for a free consultation and for outstanding legal representation.

In California, there are a number of sex crimes that deal with obscene matter, most of which carry heavy fines, a jail or prison sentence and a requirement that the accused register as a sex offender, pursuant to California Penal Code 290. “Obscene matter” means matter (in any form), that to the average person applying contemporary statewide standards (taken as a whole), appeals to an unpleasantly strong sexual interest, that depicts or describes sexual conduct in a patently offensive way, and that lacks serious literary, artistic, political, or scientific value. If the material in question depicts minors engaged in sexual conduct, that fact may be used to consider whether or not the material meets the above definition. If it appears from the nature of the matter or from the circumstances of its distribution or exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the material shall be judged with reference to its intended recipient group.

An experienced California sex crime criminal attorney is the key to avoiding the stiff penalties that are imposed in connection with these offenses. He or she knows the most compelling arguments that judges and juries respond to regarding this highly sensitive area of the law, and further knows the most effective ways to articulate them.

The most commonly prosecuted California sex offenses involving obscene matter include possession, distribution, publication and duplication of such materials. Participating in any of these activities constitutes a crime, and the accused faces an even stiffer sentence if he or she does so with material that depicts minors engaged in sexual conduct. Participating in any of these activities for commercial consideration, knowing that the matter depicts a minor engaged in sexual conduct, will result in a definite prison sentence, and if any of these materials are sold, distributed, etc. to a minor, the accused automatically faces a felony.

Another commonly prosecuted class of crimes that deal with obscene materials includes using a minor to distribute, publish or duplicate the matter, or using a minor to pose for any print or live act that depicts sexual conduct alone, with others or with animals. If the accused additionally persuaded or coerced the minor into posing for or performing the obscene sexual act, the accused automatically faces a felony. If done for commercial purposes or if it is proven that the minor described under any of these scenarios is under the age of 14, the penalties will be severe.

Crimes that involve distributing or exhibiting obscene material to minors will also be vigorously prosecuted in California. These include selling, renting or exhibiting obscene matter to a minor, representing oneself to be the parent or guardian of a minor, causing the minor to be admitted to an obscene exhibition, displaying or selling a vending machine that displays obscene matter in a public place accessible by minors, altering a rented video to include obscene matter and failing to have a clearly labeled “Adults Only” section in a video store that sells obscene materials.

The least serious sex crimes relating to obscene materials deal with their creation, promotion and delivery. These misdemeanor crimes include writing, creating, soliciting or otherwise promoting the sale and distribution of matter held to be obscene, participating in managing, producing, sponsoring, or exhibiting obscene live conduct, and requiring a purchaser to receive and keep obscene materials as a condition of a sale or delivery for resale of any merchandise.

The laws that relate to obscene materials are complex and subject to much interpretation and scrutiny, which is why it is so important to have a skilled defense attorney who specializes in California sex crime defense, and who therefore knows how to successfully challenge these types of charges. To learn more about the punishments and defense strategies that are applicable to these offenses, contact the unsurpassed criminal defense lawyers at The Kavinoky Law Firm today for a free consultation.

Oral Copulation (Penal Code 288a and 290)

Oral copulation (Penal Code 288a) is any contact, however slight, between the mouth of one person and the sexual organ or anus of another. Oral copulation will be treated as a sex crime under a variety of circumstances (even if the crime is only attempted) and whether it is charged as a misdemeanor or a felony will primarily depend on the ages of the accused and the alleged victim, and on the circumstances that surrounded the charged incident. Depending on the severity of the offense, an individual accused of this crime faces up to eight years in prison and will definitely be required to register as a sex offender, pursuant to California’s Penal Code 290.

The most effective way to avoid these penalties is to hire a criminal defense lawyer who knows how to successfully and discretely defend these types of cases. The exceptional attorneys at The Kavinoky Law Firm have mastered this unique area of the law and are dedicated to helping their clients defend against the life-changing consequences that coincide with an oral copulation conviction.

Unlawful oral sex is a chargeable offense under a number of circumstances. It may be charged against any individual (even another minor) who participated in an act of oral copulation with another person who was younger than 18 years of age at the time of the incident as a misdemeanor, punishable by up to one year in jail, or as a felony, punishable by up to one year in prison. If the accused was over the age of 21 and engaged in oral copulation with another who was under the age of 16, he or she will be charged with a felony. The offense may also be charged against an individual who had oral sex with another who was under 14 years of age and more than 10 years younger than the accused, as a felony, punishable by a three, six or eight year prison sentence.

If the alleged victim engaged in oral copulation with the accused because the accused either forced him or her into doing so or threatened to hurt him or her or another if he or she didn’t, the accused faces a felony, punishable by three, six or eight years in the state prison. An individual will face the same sentence if he or she engaged in oral sex with an alleged victim who was unconscious (which was known by the accused), who was prevented from resisting due to intoxication (which was known or reasonably should have been known by the accused), who submitted under the belief that the accused was the victim’s spouse (a belief that was induced by the accused with the intent of inducing such a belief), who was reasonably convinced that he or she or another was going to be incarcerated, arrested, or deported, because he or she believed that the accused was a public official, or who was incapable of giving consent due to a mental or physical disability (a fact which was known or should have been known by the accused).

If the alleged victim suffered from a mental or physical disorder that rendered him or her unable to consent (and that fact was known by the person accused of committing the act) or was threatened or forced into the oral sex act and the accused was voluntarily acting in concert with another (either personally or by aiding and abetting that other person), he or she faces a felony, punishable by imprisonment in state prison for five, seven, or nine years.

Prisoners or those who engage in oral copulation with another while both individuals are confined in a state hospital or treatment facility will be charged with either a misdemeanor or a felony, punishable by up to one year in jail or prison.

The good news is that there are a variety of defenses that the skilled criminal attorneys at The Kavinoky Law Firm know how to effectively convey to the judge and jury that will cast reasonable doubt as to the validity of the charge. For unsurpassed legal advice and representation, contact them today for a free consultation.

Internet sting operations designed to catch adults who correspond with and try to meet children are becoming more widespread in California and around the nation. Undercover officers or organizations visit websites and enter chat-rooms, posing as children (typically about 13 years old, as the penalties are stiffer for soliciting a minor 14 and under) in an effort to lure adults into meeting for sex. Those working the operations then forward all incriminating information sent by the suspect directly to law enforcement.

The good news is that there are defenses for these types of Internet sting operations that a skilled criminal defense lawyer knows how to effectively argue. The laws regarding sex crimes and the Internet are constantly evolving and only those who focus on it are prepared to successfully defend against it. The outstanding criminal attorneys at The Kavinoky Law Firm specialize in California sex crime defense. They receive ongoing education and training with respect to the latest laws and cutting-edge trial strategies that are applicable to sex offenses (particularly with respect to the online world), enabling them to provide the most aggressive and vigorous defenses available.

The most common defense that will apply to an Internet sting operation is entrapment. An experienced criminal lawyer will argue that the undercover agent encouraged his or her client to commit a crime that he or she wouldn’t have otherwise committed. The intent of the accused becomes the critical issue, because the prosecution will attempt to rebut the entrapment defense by arguing that the defendant was ready and willing to break the law and that the undercover agent merely provided an opportunity for the accused to do so. A skilled sex crime defense lawyer will cast reasonable doubt in the minds of the jury, arguing that his or her client didn’t have the intent to commit the offense until he or she was induced or persuaded to do so by the decoy.

In a case where a sting operation has been set up to catch adults who are sending or receiving pornographic materials that depict children on the Internet, a defense attorney may argue that his or her client “mis-clicked” and therefore inadvertently received the material without the required criminal intent to do so. This defense is typically used when an individual opens a “pop-up” advertisement that is sent to his or her account – either directly or via his or her spam folder. The attorney will try to argue that the accused neither requested nor purchased the email and should therefore not be convicted of a crime that he or she inadvertently committed.

Sentencing for this type of offense is unique, as the crime is typically prevented before it occurs. As a result, a person involved in an Internet sting would likely be charged with attempted lewd or lascivious acts, which would result in half of the prison sentence charged for that offense. Because lewd or lascivious acts can be charged under a variety of circumstances, this sentence may range from six months in jail to four years in prison. It should additionally be noted that an individual charged with lewd or lascivious acts involving a child under 14 will be prohibited from having his or her sentence suspended unless the court receives a report from a reputable psychiatrist or psychologist.

The value in hiring a law firm that is devoted to passionately protecting the rights of their clients lies in the fact that they will be relentless in their pursuit of justice. The exceptional attorneys at The Kavinoky Law Firm will defend a sex crime case with energy, skill and integrity and discretion. The firm’s attorneys maintain an excellent reputation with the courts and with the prosecutors who routinely pursue these types of cases, which allows their clients to receive favorable deals and special consideration when required. With law offices located throughout California, they are conveniently located to serve anyone in need of a California sex crime defense lawyer. Contact the Kavinoky law firm today for a free consultation and for the best representation.

Sexual penetration with a foreign or unknown object, a sex crime in California, occurs when there is any penetration, no matter how slight, of the genital or anal opening of another, done for the purpose of sexual arousal, gratification or abuse, by any foreign object, substance, instrument, device or by any unknown object. Causing another to penetrate his or her own genital or anal opening for the same purpose will also constitute a sex crime offense, as will an attempt to penetrate. A foreign object, substance, instrument, or device includes any part of the body (other than a sexual organ) and an unknown object can include anything (including a part of the body) if the alleged victim does not know what is penetrating him or her. If convicted, the defendant faces severe penalties, which include up to nine years in prison for one offense (more if convicted of multiple acts), registration as a sex offender, pursuant to Penal Code 290, and a social stigma that will affect every facet of the defendant’s life. It is imperative that the accused hires a skilled California sex crime criminal attorney who knows how to successfully defend against this crime that will be viewed by the judge and jury as deviant sexual behavior.

The penalties for this offense vary. The less serious charges include situations where an individual penetrates a person under the age of 18 with a foreign or unknown object, or where a person so penetrates another who is incapable of giving consent due to a mental or physical disorder (a fact that was known or reasonably should have been known by the accused) and both the accused and the alleged victim are confined in a state hospital or treatment facility. Under either of these scenarios, the accused faces either a misdemeanor or a felony, punishable by up to one year in jail or prison and must register as a sex offender.

An individual who is over 21years of age and penetrates an individual younger than 16 years of age with a foreign or unknown object will automatically face a felony. If the alleged victim is under the age of 14 and more than 10 years younger than the accused, the accused faces three, six or eight years in prison. When charged with a crime against a child, it is even more critical that the accused retains counsel that specializes in this emotionally charged area of the law.

The more seriously punished cases involve force, threats or conspiracies. The accused will face a three, six or eight year prison sentence if he or she violated this law while using force, violence or threats of any kind to accomplish the act, or if he or she violated this law by penetrating an individual who wasn’t capable of consenting, due to a mental or physical disability (a fact that was known or reasonably should have been known by the accused), due to a state of intoxication (a fact that was known or reasonably should have been known by the accused), due to the fact that he or she was unconscious (a fact that was known by the accused) or by penetrating an individual who consented under the false belief that the accused was his or her spouse (a belief that was intentionally induced by the accused). The most serious charge results when the defendant is alleged to have voluntarily acted with another (either personally or by aiding and abetting the other) and penetrated the alleged victim with a foreign or unknown object and used force or violence to accomplish the act against that victim’s will. If proven, a five, seven or nine year prison sentence will be imposed.

The exceptional criminal defense lawyers at The Kavinoky Law Firm provide their clients with the most aggressive, carefully crafted and passionate defense possible. They have mastered this highly-charged area of the law and know how to effectively communicate all applicable defenses to the judge and jury. Contact them today for the most trusted legal advice and for a free consultation.

Prostitution, considered a sex crime in California, may be charged under a variety of circumstances. Although considered “the oldest profession in the world,” it still carries criminal penalties, which include probation, fines, community service or labor, jail time, a possible state prison sentence and, in connection with certain offenses, a requirement that the offender register as a sex offender, pursuant to California’s Penal code 290. In order to best avoid these penalties, it is important for the accused to hire a criminal attorney who specializes in California sex crime defense to ensure the most qualified representation.

An individual (either the alleged prostitute or the alleged customer) will be charged with prostitution (any lewd act between persons for money or other consideration) as a misdemeanor when he or she either solicits, agrees to engage in or engages in any act of prostitution, which is evidenced by something done in furtherance of the commission of the act. An act in furtherance can be payment, going to a specific location or may consist of words only, if the statements made were unambiguous and unequivocal in conveying that the agreed act of prostitution would occur and moved the parties toward completion of the act. If the accused is convicted and has been previously convicted of this same offense (which is proven to the judge and/or jury) on one occasion, he or she will be sentenced to a mandatory minimum 45-day jail sentence. and if convicted on two or more occasions, he or she will be sentenced to a mandatory minimum 90-day jail sentence.

Persuading or enticing an unmarried female virgin under the age of 18 to engage in prostitution, aiding and assisting in such persuasion or procuring such an individual under false pretenses or other fraudulent means to have illicit sexual relations with another will be charged as either a misdemeanor or a felony, punishable by a maximum one-year jail or prison sentence, a maximum $2,000 fine and a requirement that the guilty register as a sex offender. In order to be convicted of this offense, it must be proven that the female was previously “of chaste character” and that she was under someone’s care. It therefore follows that no crime is committed if the woman isn’t a virgin, is living on her own and is simply aided in being placed in a house of prostitution.

The most serious prostitution charge involves an individual who takes a minor (a person under 18) away from his or her parents or other guardian without the parents’ or guardian’s consent for the purpose of prostitution. If convicted under these circumstances, the accused faces a felony, punishable by imprisonment in the state prison for 16 months or two or three years, a maximum fine of $2,000 and mandatory registration as a sex offender, pursuant to Penal code 290.

The skilled criminal defense lawyers at The Kavinoky Law Firm have mastered California sex crime defense and all of the defenses that are applicable to these types of crimes. They know how to effectively argue insufficient evidence, lack of intent, lack of knowledge or any other defense that may be used to convince a judge or jury that the accused should not be convicted of prostitution. They thoroughly examine every police report and all witness statements, visit the scene where the alleged crime took place and speak to any and all witnesses in an effort to uncover how their client’s constitutional rights may have been violated, which could result in a reduced charge, a suppression of evidence or an early dismissal of the case. The outstanding Kavinoky Firm has law offices in Los Angeles and throughout the state, enabling them to provide their excellent legal advice and services to anyone in need of a California sex crime defense attorney. Contact them today for a free consultation and for unparalleled representation.

Polygraph Testing and its Role in California Sex Offense Cases

Polygraph machines are one of the most famous instruments used to detect truth and deception. They record one’s physical involuntary responses to questions and generally measure results based on the respiratory, sweat gland and cardiovascular systems of the body. Although polygraph testing is the subject of much debate and is generally excluded from evidence in California, there are ways that it can be helpful to the defense in a sex offense case. The skilled California sex crime defense attorneys at The Kavinoky Law Firm know how to effectively use this type of evidence to help their clients in a variety of ways.

California courts are open to the use of polygraph results under a number of circumstances. While results are generally excluded from evidence during the case-in-chief, there are some instances where they may nonetheless be admissible, and others where they may be useful in pre-trial situations. For example, a polygraph test may be admissible in a sex offense criminal trial if both parties stipulate to its admissibility before the test is administered. When this is the case, the court will typically set certain requirements relating to the conditions under which the test may be given and relating to the qualifications of the polygraph examiner. These requirements are set forth in an effort to ensure the most reliable results, as even those who believe in the accuracy of these tests admit to the fact that erroneous results can occur. Errors can result from inadequate preparation of the individual taking the test, from the manner in which the examiner asks the questions, from the examiner’s interpretation of the test, and from the individual’s anxiety and nervousness. If the accused believes that his or her results were mistakenly interpreted, he or she should immediately ask the criminal defense lawyer to request a second examination with a different examiner.

An experienced criminal attorney may also ask his or her client to participate in a polygraph test for pre-trial purposes. If the charged allegations are based on false accusations under any circumstances, test results could be extremely helpful in obtaining an early release from custody and in negotiations with the prosecution to either reduce or dismiss the charges. For example, if a polygraph test reveals that the defendant either didn’t commit the crime alleged, or that he or she believed that (in certain crimes, such as rape or sodomy) there was consent on the part of the other adult participating in the act, the judge may be persuaded to permit an OR release or to reduce bail, based on the fact that the accused doesn’t present as big a threat to society as was previously believed. Similarly, these types of results may be useful evidence to convince a prosecutor that the alleged “victim” may not be telling the truth, especially if it is a case that is lacking in physical evidence. Such powerful evidence may convince a prosecutor to either reduce the charged offense to a less serious offense (for example, to reduce a felony to a misdemeanor or to reduce a charge that requires sex offender registration under Penal Code 290 to one that doesn’t) or it may convince him or her to dismiss the case altogether, especially if it lacked substantial support to begin with.

Only a qualified lawyer should consider this type of testing because of the risks that it presents. The outstanding attorneys at The Kavinoky Law Firm specialize in all the complexities related to California sex crime defense, enabling them to provide the most comprehensive defenses. They keep current with the latest rulings, trial strategies and issues that are applicable to this ever-changing and emotionally unique area of the law, which gives their clients a tremendous advantage. With law offices in Los Angeles and throughout California, they are conveniently accessible to those in need of an exceptional California sex crime defense attorney. For more information about the role of polygraph testing in sex offense cases, and for the most trusted legal advice, contact them today for a free consultation.

Other Crimes Dealing With Prostitution

In addition to the basic California sex crime of prostitution, there are a variety of additional crime that encompass this offense that may be prosecuted as misdemeanors or felonies. The following are some of the most commonly prosecuted in this state.

Persuading another to visit a place kept for the purpose of prostitution will be charged as a misdemeanor, punishable by up to six months in county jail and a maximum $500 fine.

Operating, owning or living in a house or inn that is kept for the purpose of prostitution or lewdness will be charged as a misdemeanor, punishable by up to six months in county jail and a maximum $1,000 fine.

Taking a person against his or her will and without his or her consent (or with his or her consent, obtained by fraudulent misrepresentation) for the purpose of prostitution will be charged as a felony, punishable by 16 months or two or three years in state prison and a maximum $2,000 fine. If the accused has previously procured others to live in houses of prostitution, that evidence may be admissible to prove his or her guilty intent.

Purchasing (either with money or something else of value) a person for the purpose of prostitution or for the purpose of placing that person in a house for immoral purposes against his or her will be charged as a felony, punishable by 16 months or two or three years in state prison.

Placing, leaving or procuring another to place or leave one’s own wife in a house of prostitution either by force, intimidation, threats, persuasion, promises or any other means will be charged as a felony, punishable by imprisonment in state prison for two, three or four years. The accused will be guilty of this charge even if he simply consents to or permits his wife to live or remain there or if he doesn’t do anything to actively take her home. The fact that one’s wife was a prostitute before the marriage will not serve as a defense to this charge. However, if the accused used all lawful means to cause her to be removed from the house of prostitution, was eager for her to leave and/or tried to persuade her to do so using a variety of reasonable methods, those facts will serve as a defense to this crime.

The outstanding criminal attorneys at The Kavinoky Law Firm excel in California sex crime defense and know the most effective ways to have their client’s charges reduced and dismissed. When a case must go to trial, they provide unparalleled representation, knowing exactly how to successfully communicate all applicable defenses to the judge and jury to ensure that they not only hear the defendant’s side of the story, but believe it as well. They keep up-to-date on this ever-changing field of law, giving their clients a tremendous advantage and keeping them ahead and shoulders above the competition. With law offices conveniently located in Los Angeles and throughout the state, they are easily accessible for those in need of a criminal defense lawyer who has mastered all the complexities related to California sex crimes. For the most trusted legal advice and the best representation, contact The Kavinoky Law Firm today for a free consultation.