Category: Sex Crimes

Sex Crimes | No Cuffs

Sex Crime Penalties

California sex offenses carry harsh penalties – some can even result in lifetime incarceration. Sentencing enhancements can add years to an already lengthy prison sentence, and many California sex crime convictions carry a lifetime requirement to register as a sex offender. Fortunately, it’s possible to aggressively fight California sex charges with the help of a skilled criminal lawyer. The experienced California defense attorneys of The Kavinoky Law Firm are well-versed in effective defenses to sex crime charges.

How a California sex crime is punished depends on whether it is charged as a felony or a misdemeanor. The following are examples of some felony penalties.

An individual convicted of certain acts of rape (including spousal rape), rape in concert with another, lewd or lascivious acts with a child under 14 years of age, penetration with a foreign object, sodomy, oral copulation, or of the continuous sexual abuse of a child faces 15 years to life in prison (with no probation) if he or she committed one of these offenses while involved in the commission of another felony offense, while using a weapon or inflicting serious bodily injury on the victim, if the victim was restrained during the offense, if the offense was committed against two or more victims, if the accused administered a controlled substance to the victim during the commission of the offense, or if the accused acted in concert with another during the offense and either of the accused parties engaged in one of these activities.

If the accused did two or more of these things during the commission of the offense, he or she faces 25 years to life in prison with no probation. The same penalty applies if the accused is convicted of any of the above-mentioned offenses and he or she had been previously convicted of one of those offenses, or if he or she committed one of these offenses while engaged in the commission of another serious or violent felony.

In addition, if the accused is convicted of multiple charges against the same victim on different occasions (meaning that there was time between acts for the accused to reflect upon his or her actions before resuming the illegal sexual activity) or against different victims, he or she can receive consecutive sentences for each offense.

Anyone acting in concert with another, by force or violence and against the alleged victim’s will, who either personally commits or aids in the commission of rape, spousal rape or in the aggravated sexual abuse of a child will receive five, seven or nine years in state prison. 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.

An individual who has previously served two prison terms for any serious felony, and who, during the present offense, either inflicted great bodily injury on another or who used force that was likely to result in great bodily injury to another, will be labeled a habitual offender and will be incarcerated for life without the possibility of parole for the first 20 years. If the individual served three or more prior prison terms, he or she will be incarcerated for life without the possibility of parole. Bottom line: Anyone labeled a habitual offender faces a mandatory minimum 25 years in prison.

Clearly, an individual accused of a felony sex crime should hire a California criminal defense lawyer who knows how to skillfully navigate through the sentencing elements that are imposed in connection with such crimes. The experienced California defense attorneys at The Kavinoky Law Firm are skilled in every aspect of sex crime defense. With law offices located in Los Angeles and throughout California, they are conveniently located to serve those in need of an aggressive California sex crime defense attorney. Contact The Kavinoky Law Firm today at 1-800-NO-CUFFS for a free consultation.

Pimping, Pandering and Procuring

Pimping, Pandering and Procuring

Pimping, pandering and procuring a child under 16 years of age for lewd or lascivious acts are three different California sex crimes that will be prosecuted as felonies, which all require a convicted offender to register as a sex offender (pursuant California to Penal Code 290). To best defend against these severe charges, it is critical that the accused hires a criminal attorney who specializes in California sex crime defense, as no other lawyer will be as qualified to tackle the emotionally unique and complex issues that are frequently raised in sex crime cases.

Pimping will be charged against an individual who, knowing another was a prostitute, took or received money that was earned from the person’s prostitution or received compensation for soliciting that person. If convicted, the accused is deemed guilty of a felony and faces three, four or six years in state prison and mandatory registration as a sex offender, in accordance with Penal Code 290. If, under these circumstances, the alleged prostitute was a minor (a person under the age of 18) but over 16 years of age, the accused faces a felony, punishable by imprisonment in state prison for three, four or six years. If the alleged prostitute was a minor under 16 years old, the accused faces a felony, punishable by imprisonment in state prison for three, six, or eight years.

Pandering will be charged as a felony against an individual who procured another person for the purpose of prostitution, who threatened or otherwise persuaded another to become a prostitute, who procured for another a place in a house of prostitution and threatened or otherwise coerced or encouraged him or her to remain there, who procured another to enter or leave this state for the purpose of prostitution, or who received or gave, or agreed to receive or give, any money or thing of value for procuring, or attempting to procure, another person for the purpose of prostitution. If convicted of this offense under any of these circumstances, the accused faces state imprisonment for three, four or six years. If the defendant was accused of doing any of these things with a minor over 16 years of age, he or she would face the same penalty, but if the other person was under 16 years old, he or she would face three, six or eight years in state prison. Anyone convicted of this offense will additionally be required to register as a sex offender.

Procuring a child under the age of 16 for lewd or lascivious acts will be charged as a felony against anyone who intentionally gave, transported, provided, or made available, or who offered to give, transport, provide, or make available to another person, a child under 16 years of age for the purpose of any lewd or lascivious act, or who caused, induced, or persuaded a child under 16 years of old to engage in such an act with another person. If convicted, the accused will be imprisoned in state prison for three, six, or eight years and will be fined a maximum of $15,000. He or she will additionally be required to register as a sex offender.

It must be noted that upon conviction for any of these charges, the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional maximum fine of $5,000, which will be used to fund counseling centers and programs for victims of child sexual abuse. In setting the amount of the fine, the court will consider any relevant factors including, but not limited to, the severity of the offense, the circumstances of its commission, whether the accused financially profited from the crime and the extent to which the alleged victim suffered losses as a result of the crime.

The outstanding attorneys at The Kavinoky Law Firm know how to successfully defend their clients, as they have mastered the legal and personal complexities related to California sex crime defense. To speak to one of these passionate and dedicated attorneys, contact them at one of their many Los Angeles or State of California law offices today for a free consultation.

 

Enhancements

California Sex Offense Enhancements

“Enhancements” are penalties that are added to one’s punishment for committing a crime when aggravating circumstances were present. Unless specified, the judge has the option whether to impose an enhancement consecutively to, or concurrently with, the underlying sentence. When consecutive sentences are imposed, an individual’s prison time quickly adds up and he or she may ultimately face lifetime incarceration. The skilled criminal defense attorneys at The Kavinoky Law Firm know the most effective ways to avoid these types of sentences.

The following are some of the most commonly imposed enhancements for California sex offenses:

When an individual is convicted for a felony violation of statutory rape, sodomy, lewd or lascivious acts or oral copulation under specific circumstances, and the offense was committed with a person under the age of 18 for money or other consideration, he or she faces one year in prison in addition to the sentence that he or she received for the underlying offense

When an individual is convicted of lewd or lascivious acts with a child under 14 years of age or with the continuous sexual abuse of a child, and has a prior conviction for rape, spousal rape, rape in concert, the aggravated sexual assault of a child, incest, sodomy, lewd or lascivious acts, oral copulation, the continuous sexual abuse of a child or forced penetration, he or she faces a five-year enhancement for the prior violation. An individual who has incurred two or more of these priors faces 15 years to life in prison.

An individual convicted of certain acts of rape, spousal rape, rape in concert, sodomy, lewd or lascivious acts, the continuous sexual abuse of a child, oral copulation or forced penetration will receive a five-year enhancement for any prior conviction for one of these offenses. An individual convicted of one of these offenses who has served prison terms for two or more of these offenses will receive a 10-year enhancement for each prior term. A full, separate and consecutive term may be imposed for each violation if the crimes involved the same victim on the same occasion (which is usually prohibited). A full, separate and consecutive term will be imposed for each violation if the crimes involved separate victims or involved the same victim on separate occasions. In addition to these enhancements, an individual convicted under any of these circumstances also faces a maximum $20,000 fine.

If an officer arrests an individual for a crime specified in Penal Code 290 (an offense that requires sex offender registration), and that individual is an employee of a California public school, the officer is required to notify the superintendent of that individual’s district. It should be noted that a registered sex offender is prohibited from receiving any publicly funded prescription drugs or other therapies that are offered to treat erectile dysfunction, or from applying for or accepting a job or volunteer position where he or she would be working with minors, without disclosing his or her registered status. If the individual is registered because of a conviction that involved a minor under 16 years of age, he or she is prohibited from holding such a position, period. Any violation of these rules will result in an additional misdemeanor charge.

An individual who flees to California with the intent of avoiding prosecution or incarceration for an offense specified in Penal Code 290 will receive an additional misdemeanor charge and, if convicted of the underlying charge, will receive an additional and consecutive two-year sentence.

Probation will not be granted to anyone convicted of specified acts of rape, rape in concert, sodomy, oral copulation, penetration with a foreign object or employing a minor for prohibited acts or of pimping, pandering or procuring a minor, or of the aggravated sexual assault of a child. Probation may be granted (under unusual circumstances) to an individual convicted of less severe acts of rape, sodomy, oral copulation or penetration with a foreign object.

For the most trusted legal advice concerning a California sex crime offense, contact the exceptional sex crime defense attorneys at The Kavinoky Law Firm today for a free consultation.

Sex Crimes

In California, sex offenses are aggressively prosecuted and heavily punished. They include a variety of criminal sexual behaviors and are typically charged as felonies, though some lesser offenses are charged as misdemeanors. The penalties for sex crime convictions are severe and can be life changing, but the skilled Los Angeles, California based criminal lawyers of The Kavinoky Law Firm are experienced in defending every type of sex cases.

The following is a list and brief description of some of the most commonly charged California sex offenses.

Internet pornography (otherwise known as sexually exploiting a child) may be charged when an adult knowingly develops or exchanges any data or images that depict a minor engaged in sexual conduct. Advertising or distributing obscene materials or possessing such materials with the same content can also result in criminal charges.

Lewd or lascivious acts, California Penal Code section 288, can be filed as a felony against an individual who willfully and lewdly commits a lewd or lascivious act with a child under the age of 14 or as a misdemeanor or felony against a person who does so with a child who is 14 or 15 years old, if the accused is at least 10 years older than the child.

Rape can be charged when an individual has sexual intercourse with another (who is not the spouse of the accused) either against that person’s will or without that person’s consent. Spousal rape can be charged under the same circumstances when the accuser and the accused are married. Statutory rape may be charged under any circumstances where the alleged victim is a minor. Oral copulation can be charged under any of the above circumstances if the accused either gives or receives oral sex and the same can be said for a sodomy charge if an individual’s penis or anus comes into contact with the penis or anus of another. If the accused uses a foreign object to penetrate the genital or anal opening of another under any of these circumstances, he or she may face prosecution for that as well.

Indecent exposure can be charged against an individual either exposes him or herself or persuades another to do so in a public place (or in a private home without consent) that is either offensive or done to provoke vicious or lewd thoughts.

The criminal charges of prostitution (California Penal Code section 647b) and/or pimping and pandering can be charged against an individual accused of soliciting a prostitute, running a “brothel,” or procuring another for the purpose of prostitution. If the accused is pimping a minor or pandering with a minor, special penalties will apply.

Crimes that apply to families include bigamy, which will be charged if an individual is simultaneously married to more than one person, and incest, which involves family members either marry or have sexual relationships with one another.
An individual who sexually assaults an animal for his or her own sexual gratification will be charged with sexually assaulting an animal.

Abduction for marriage may be charged against an individual who either forces a woman to marry him or another or against an individual who causes a woman to be defiled.

If an individual either commits an act or fails to perform an act that is sexual in nature against a minor and thereby causes that minor to become a dependant of the state, he or she will be charged with contributing to the delinquency of a minor. On that note, any sex offense that is committed against a minor will likely result in enhanced sentencing, as that is typically considered an aggravating factor.

Attempting to commit certain sex crimes can also result in criminal charges in California, even if the attempt fails. Also, individuals convicted of specific sex crimes more than once will face harsher punishment with each subsequent offense.

The experienced California defense lawyers of The Kavinoky Law Firm are experienced in every aspect of fighting sex crime charges, and pride themselves on their unsurpassed level of service. For outstanding legal advice and representation, contact a top California sex crime lawyer today at 1-800-NO-CUFFS for a free consultation.

Statutory Rape Laws and Penalties in California

Statutory rape, by definition in California, is for the governance and protection of minors.

This charge encompasses unlawful sexual intercourse with a minor. In California, a minor is anyone under the age of 18. An individual under the age of 18 years isn’t legally capable of giving consent. Of course, this law is regardless of how physically, emotionally, or mentally mature he or she is or appears.

Additionally, the courts may convict anyone of any age this crime. Therefore, adults are not the only ones capable of arrest for statutory rape. It’s true, depending on the circumstances, even two minors involved in a relationship may find themselves under arrest.

The Difference Between Rape and Statutory Rape

Knowing the above, it is clear the main differences between rape and statutory rape is age. Even if no force, threat, or duress occurs. In fact, this act is still a sex crime solely because of the age of the alleged victim.

Since statutory rape offenders face a haunting social stigma and serious penalties, it is imperative that the accused hires a qualified criminal defense lawyer as quickly as possible so that the attorney has an opportunity to develop the most effective defense possible. The skilled criminal attorneys at The Kavinoky Law Firm have mastered this difficult field of law and know what it takes to successfully defend their clients.

Penalties for Statutory Rape Convictions

The penalties that are imposed in connection with a statutory rape conviction will vary, depending mostly on the age of the accused and on the age of the alleged victim.

There are three major categories of penalty in which this conviction falls:

  • First: A Misdemeanor Charge. When the accused is no more than three years older or younger than the alleged victim.
  • Second: Misdemeanor or Felony Charge. If the accused is more than three years older than the alleged victim. This misdemeanor conviction carries up to 1 year in county jail or state prison.
  • Third: Misdemeanor or Felony Charge. If the accused is 21 years old and has sexual intercourse with a minor younger than 16.  This misdemeanor conviction carries a penalty of up to 1 year in county jail. If it is a felony conviction, it carries 2 to 4 years in state prison.

An adult facing a statutory rape charge will likely also face further civil penalties. This person may be civilly liable for up to $2,000. Additionally, the punishments increase based upon age difference. For example,

  • If the minor is at least two years younger than the adult, the accused looks at up up to $5,000 in fines.
  • Furthermore, if the minor is at least three years younger, the accused may face up to $10,000.
  • Finally, if the accused is an adult over the age of 21, they face the most severe penalties. If this adult engages in an act of unlawful sexual intercourse with a minor under 16, they’re facing a $25,000 penalty.

The Importance of Criminal Intent

The primary defense in a statutory rape case will be a lack of criminal intent, where the accused reasonably believed that the alleged victim was over the consenting age. Statutory rape was once a strict-liability crime. This meant a defendant faced conviction of this crime even if they were genuinely ignorant. If a person did not know a factor which makes the act or omission criminal, it did not matter.

However, California now recognizes ignorance as a defense where the accused participated in a mutual, sexual act. This is true only if the defendant believed their partner was of legal age. Of course, the attorney must prove the accused has reasonable grounds for such belief. However, committing lewd or lascivious acts with a child under the age of 14 is still a strict-liability offense. (California Penal Code 288)

The experienced lawyers at The Kavinoky Law Firm dedicate themselves to help their clients defend against this devastating charge. Their excellent legal advice and outstanding representation are available to those in need of a California sex crime defense attorney, and they have law offices in Los Angeles and throughout the state. Contact the firm today for a confidential, free case evaluation.

About Darren Kavinoky and The Kavinoky Law Firm

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider. He is also a popular guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.

One-strike Sex Cases

California has one of the most severe sentencing schedules 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 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 to entrust to less than the best. 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 to those 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 legal representation.

Internet Pornography

When an individual has been charged with a sex crime, it is imperative that he or she contacts a criminal defense lawyer who specializes in this particular area of the law. The laws and penalties that apply to sex offenses are severe, yet there are many applicable defenses. The outstanding criminal attorneys at The Kavinoky Law Firm focus on California sex crime defense and have successfully protected their clients from the harsh and sometimes life-altering consequences that can be imposed in connection with a sex crime conviction.

One such sex offense is Internet pornography (which is legally referred to as the sexual exploitation of a child). This crime will be charged against an individual who knowingly develops, duplicates, prints or exchanges any data or image (regardless of its form) that depicts a person under the age of 18 engaged in an act of sexual conduct. Sexual conduct refers to sexual intercourse (which includes oral sex) between any two people or between people and animals, penetration of the vagina or rectum by any object and masturbation, sadomasochistic abuse, exhibition of the genitals, pubic or rectal area and defecation or urination for the purpose of sexually arousing the viewer.

If convicted of this charge as a first offense, an individual faces a misdemeanor, punishable by up to one year in the county jail and a maximum $2,000 fine. If, however, the accused has a prior conviction for this same offense or for any offense that is related to possessing, distributing, advertising or promoting obscene materials, he or she faces the charge as a felony. Regardless of whether the charge is filed as a misdemeanor or as a felony, if the accused is convicted, he or she must register as a sex offender in accordance with Penal Code 290, which is perhaps the most devastating consequence of all, due to the social stigma that such an individual will undoubtedly face. It should be noted as well that any obscene materials that were confiscated by law enforcement will be destroyed if the accused incurs a conviction.

Two related charges include advertising obscene matter depicting a minor engaging in or simulating sexual conduct and possessing or controlling such matter. If charged with advertising, the accused faces either a misdemeanor or a felony (depending on the severity of the offense), punishable by up to one year in the county jail or by two, three or four years in state prison and/or a fine of up to $50,000. If charged with possession as a first offense, the defendant faces a misdemeanor, punishable by up to one year in county jail and a maximum $2,500 fine, but if the accused has a prior conviction for this offense, for selling or distributing such materials in this state or for employing a minor to pose for or perform these types of live acts, he or she faces a felony, punishable by two, four or six years in state prison. Under any of these circumstances, a convicted defendant will be required to register as a sex offender and any confiscated obscene materials will be destroyed.

The good news is that there is hope. The exceptional criminal defense lawyers at The Kavinoky Law Firm have mastered this field of law and are well-equipped to aggressively defend against these and any other sex offenses. They understand how to effectively argue the many defenses that are available to those charged with Internet and child pornography, and will ensure that their clients receive an outstanding advocate. With law offices in Los Angeles and throughout California, they are conveniently located to provide their highly reputable legal advice and services to anyone in need of a California criminal defense attorney. Contact them today for a free consultation and for unparalleled representation.

 

Rape

Rape, in California, is a felony sex offense that is defined as an act of sexual intercourse (no matter how slight the penetration) done with a person without that person’s consent or against that person’s will. Although it is commonly believed that only men can rape women, both sexes are capable of committing this offense. It should be noted that if the alleged victim is the spouse of the accused, it will be considered spousal rape and if the alleged victim is a minor, it will be considered statutory rape – both are separate crimes in and of themselves. Rape (and even attempted rape) carries serious penalties, including three, six or eight years in state prison, professional license restrictions and a requirement that a convicted individual register as a sex offender. In order to best avoid these life-changing penalties, it is vital for the accused to immediately contact a sex crime defense attorney in order to begin building the most comprehensive defense. The unparalleled criminal defense lawyers at The Kavinoky Law Firm pride themselves on their exceptional legal advice, as they specialize in sex crime defense and have mastered this complex and unique area of the law.

With respect to consent, rape may be charged under a variety of circumstances. It may be charged if the alleged victim was unable to give legal consent due to a mental or physical disorder, because he or she was intoxicated or because he or she was unconscious. In order for the accused to be convicted under any of these scenarios, the accused would have to have been aware of the victim’s condition.

Consent, with respect to rape, means positive cooperation in act or attitude, resulting from an act of free will. If consent is the key issue, it will not be assumed simply because the accused and the alleged victim are or were dating (even if involved in a sexual relationship) or were previously married. In addition, consent will not be implied if the alleged victim asked, suggested or otherwise communicated that the accused should use a condom or some other type of birth control without some additional evidence of consent.

Rape can also be charged under several circumstances where it was accomplished against the alleged victim’s will. If the accused used force, violence or threats to engage the alleged victim in sex, rape will be charged. If the alleged victim consented, believing that the accused was his or her spouse (because the accused had induced him or her into believing so), rape will be charged. If the accused threatened to retaliate against the alleged victim or any other person (which means a threat to kidnap, falsely imprison, inflict serious bodily injury or kill), and there was a reasonable possibility that the accused could have executed the threat, rape will be charged. Finally, if the accused threatened to use the authority of a public official to incarcerate, arrest or deport the alleged victim or another, and the alleged victim reasonably believed (whether or not it was true) that the accused was a public official, rape will be charged.

In addition to consent, there are a variety of defenses that an experienced sex offense lawyer knows how to apply and effectively argue to help keep his client from being convicted. This is simply one of the reasons why it is so critical to hire an experienced criminal attorney who specializes in sex crime defense, as an inexperienced attorney or an attorney who isn’t well-versed in this field will not be able to provide the same level of service that is absolutely necessary when a client faces a rape charge and all of the consequences that coincide with a conviction. The outstanding attorneys at The Kavinoky Law Firm know what it takes to win and have the success record to prove it! They give 110% to every client and are dedicated to exceeding client expectations. Contact them today for a free consultation and for unsurpassed representation.

 

Penalties For Sex Crimes

Penalties For California Sex Crimes

Although they vary quite a bit, the prison sentences that accompany many California felony sex offenses are severe – some even resulting in lifetime incarceration. The best way to avoid these devastating penalties is to hire a criminal attorney who specializes in California sex crime defense.

The following are examples of some felony penalties. For a more thorough description of a specific crime and/or its punishment, click on the desired offense or visit our main menu. It should be noted that the punishment for most sex crimes involving violence, unconscious, sleeping or mentally incapacitated victims will be listed under an individual crime’s description.

An individual convicted of certain acts of rape (including spousal rape), rape in concert with another, lewd or lascivious acts with a child under 14 years of age, penetration with a foreign object, sodomy, oral copulation, or of the continuous sexual abuse of a child faces 15 years to life in prison (with no probation) if he or she committed one of these offenses while involved in the commission of another felony offense, while using a weapon or inflicting serious bodily injury on the victim, if the victim was restrained during the offense, if the offense was committed against two or more victims, if the accused administered a controlled substance to the victim during the commission of the offense, or if the accused acted in concert with another during the offense and either of the accused parties engaged in one of these activities. If the accused did two or more of these things during the commission of the offense, he or she faces 25 years to life in prison with no probation. The same penalty applies if the accused is convicted of any of the above-mentioned offenses and he or she had been previously convicted of one of those offenses, or if he or she committed one of these offenses while engaged in the commission of another serious or violent felony. In addition, if the accused is convicted of multiple charges against the same victim on different occasions (meaning that there was time between acts for the accused to reflect upon his or her actions before resuming the illegal sexual activity) or against different victims, he or she will receive consecutive sentences for each offense.

Anyone acting in concert with another, by force or violence and against the alleged victim’s will, who either personally commits or aids in the commission of a rape, a spousal rape or in the aggravated sexual abuse of a child will receive five, seven or nine years in state prison. 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.

An individual who has previously served 2 prison terms for any serious felony, and who, during the present offense, either inflicted great bodily injury on another or who used force that was likely to result in great bodily injury to another, will be labeled a habitual offender and will be incarcerated for life without the possibility of parole for the first 20 years. If the individual served 3 or more prior prison terms, he or she will be incarcerated for life without the possibility of parole. Bottom line: Anyone labeled a habitual offender faces a mandatory minimum 25 years in prison.

Clearly, an individual accused of a felony sex crime must hire a criminal defense lawyer who knows how to skillfully navigate through the sentencing elements that are imposed in connection with such crimes. The experienced attorneys at The Kavinoky Law Firm have mastered the complexities related to California sex crime defense. With law offices located in Los Angeles and throughout California, they are conveniently located to serve those in need of an aggressive California sex crime defense attorney. Contact The Kavinoky Law Firm today for a free consultation and for unsurpassed representation.

Sex Crime Charges

California Sex Crime Charges

There are many criminal charges that can be filed in a California sex crime case, and all of them carry potentially harsh punishment that can include jail or prison time and mandatory registration as a sex offender.  Fortunately, an experienced California defense lawyer can aggressively fight a sex crime charge. The top California defense lawyers of The Kavinoky Law Firm are well-versed in the most advanced defenses to sex crime charges, and will take every step available to fight for your rights.

California sex crime charges fall into two categories – misdemeanors and felonies. The main difference between the two is the possible punishment they carry. Misdemeanors are punishable by up to one year in county jail, and can also result in a number of other penalties, including fines and sex offender registration. Felonies are punishable by a year or more in state prison and other substantial repercussions. Some California sex offenses fall into a category of offenses known as wobblers, which means they can be charged as misdemeanors or felonies. Prosecutors often choose to charge wobbler sex offenses as felonies because of the potential for harsher punishment.

These are some of the charges that can be filed in a California sex crime prosecution:

Internet pornography – also called sexually exploiting a child – can be charged against an adult who knowingly develops or exchanges any data or images that depict a minor engaged in sexual conduct. Advertising or distributing obscene materials or possessing such materials with the same content can also result in criminal charges.

Lewd or lascivious acts can be filed as a felony against an individual who willfully and lewdly commits a lewd or lascivious act with a child under the age of 14 or as a misdemeanor or felony against a person who does so with a child who is 14 or 15 years old if the accused is at least 10 years older than the child. Lewd or lascivious acts are prohibited under California Penal code section 288.

Rape can be charged against anyone who has sexual intercourse with someone (who is not the spouse of the accused) either against that person’s will or without that person’s consent. Spousal rape can be charged under similar circumstances when the accuser and the defendant are married. Statutory rape may be charged under any circumstances where the alleged victim is under 18.

Oral copulation charges can be filed if the accused either gives or receives oral sex with any person against his or her will. A sodomy charge can be filed when an individual’s penis or anus comes into contact with the penis or anus of another against that person’s will. If the accused uses a foreign object to penetrate the genital or anal opening of another under any of these circumstances, the individual can face additional charges.

Indecent exposure is a California sex crime charge that can be brought against an individual who either exposes him- or herself or persuades another to do so in a public place (or in a private home without consent) if the action is either offensive or done to provoke vicious or lewd thoughts.

Prostitution (California Penal code 647b) and/or pimping and pandering charges can be brought against an individual who solicits a prostitute, runs a “brothel” or procures another for the purpose of prostitution. If the accused is pimping a minor or pandering with a minor, additional repercussions can be applied.

Authorities can file bigamy charges against an individual who is simultaneously married to more than one person. Incest charges can be brought against individuals who marry or have sexual relationships with one another.
An individual who sexually assaults an animal for his or her own sexual gratification will be charged with sexually assaulting an animal.
Abduction for marriage may be charged against an individual who either forces a woman to marry him or another or against an individual who causes a woman to be defiled.

An individual who commits an act that is sexual in nature against a minor and thereby causes that minor to become a dependant of the state can be charged with contributing to the delinquency of a minor. Any sex offense that is committed against a minor will likely result in enhanced sentencing, as that is typically considered an aggravating factor.

The bottom line is that California sex crime charges carry extremely harsh penalties, and your only chance of avoiding them is to fight back with the help of a skilled attorney. The experienced California defense lawyers of The Kavinoky Law Firm are skilled in every aspect of defending sex crime charges, and will do everything possible to safeguard your freedom and your reputation. Contact a top California defense attorney today at 1-800-NO-CUFFS for a free consultation.