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 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.

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.

Indecent exposure, in California, will be charged against an individual who willfully and lewdly either exposes his or her person (or the private parts thereof), in any public place, or anywhere where there are people who may be offended or annoyed, or who counsels or assists another to publicly expose him or herself or to take part in any model or other public exhibition that is offensive to decency, or is adapted to excite vicious or lewd thoughts or acts. Although this sex offense is a misdemeanor, the guilty must still register as a sex offender, pursuant to Penal Code 290.

If the accused exposed him or herself after entering a private home or the inhabited portion of any other building without consent, he or she may be charged with either a misdemeanor or a felony, punishable by a maximum one-year jail or prison sentence.

If the accused suffers a second or subsequent conviction involving his or her own personal exposure or upon his or her first conviction for doing so (when he or she has incured a prior conviction for lewd or lascivious acts under Penal Code 288), he or she will be convicted of a felony, punishable by imprisonment in state prison.

Because the stakes can be so high for violating this law (the offender may be convicted of a felony and will be required to register as a sex offender in accordance with California Penal Code 290), it is imperative that the accused hires a criminal attorney who practices this area of the law and who will therefore be prepared to effectively tackle the different types of issues that frequently arise in connection with sex crime cases. The experienced criminal defense lawyers at The Kavinoky Law Firm excel in California sex crime defense and in everything related to these types of cases. Because of their thorough understanding of the laws that relate to sex offenses, they know how to critically analyze a case to spot any issues that may have infringed upon their client’s constitutional rights, which could lead to a reduction in the charge or an early dismissal of the case. They know how to skillfully interview and examine any witnesses, how to highlight discrepancies in witness accounts and police reports, and how to cast reasonable doubts in the minds of the jurors as to whether their client could have really committed the charged offense. They have mastered the defenses that are most commonly argued in sex crimes cases, which include insufficient evidence, mistaken identity and consent, and they know how to most effectively convey them to the judge and jury. The attorneys at the Kavinoky law firm pride themselves on their success rate, which is only surpassed by the level of compassion, discretion and respect with which they treat their clients.

With several law offices located in Los Angeles and throughout California, the exceptional defense attorneys at The Kavinoky Law Firm are conveniently located for anyone in need of a California attorney who is especially qualified to defend against an indecent exposure charge. To learn more about the defenses that are applicable to this charge and to secure the most trusted legal advice and representation, contact the firm today for a free consultation.

Sexually assaulting an animal, otherwise known as bestiality or zoophilia, is considered a sex crime in California and will be prosecuted as a misdemeanor. If an individual sexually assaults an animal for the purpose of arousing or gratifying his or her own sexual desire, he or she faces up to six months in county jail, a maximum $1,000 fine and a host of other possible penalties, which may include probation, counseling or community service or labor. While this crime doesn’t carry the heaviest sex crime penalties, it is regarded as one of the most reprehensible by society, which means that a judge or jury will be eager to convict the accused.

The skilled criminal defense lawyers at The Kavinoky Law Firm treat all their clients with compassion, discretion and respect and never, under any circumstances, pass judgment upon them. They excel in California sex crime defense, and as a result, have seen and heard it all. They are dedicated to protecting the rights of the accused, and have mastered all of the defenses that are applicable to this class of crimes, which allows them to negotiate the best deals, suppress illegal evidence, obtain early dismissals of their cases and prevail in judge and jury trials.

Although sexual assault is usually defined as any sexual conduct (be it touching, vaginal, oral or anal penetration) that is either performed without the consent of the alleged victim or is performed against the alleged victim’s will, that same standard doesn’t apply to the sexual assault of an animal. When an animal is the alleged victim, an “assault” isn’t necessary. This means that the conduct doesn’t have to be forced or violent and that any sexual contact with an animal (even if the animal doesn’t seem to mind or even if the animal appears to enjoy the experience) may result in criminal charges in this state. An example of a specific sex crime charge that an individual may face under these circumstances is sodomy, which may be charged whether the penetration is vaginal or anal.

In a vigorous effort to acquit their clients, the outstanding criminal attorneys at The Kavinoky Law Firm will thoroughly examine all of the evidence that was collected against their clients, will critically review the police report, will independently investigate all allegations, will interview any percipient witnesses, will highlight any discrepancies that exist in the police reports or physical evidence (if any) and will do their best to effectively convince the judge and jury that their clients were unfairly thrown into the criminal courts system and are deserving of a break. With several law offices located in Los Angeles and throughout this state, The Kavinoky Law Firm is conveniently located for those in need of a California defense attorney who concentrates on sex crime defense. For the most trusted legal advice, contact one of their qualified attorneys today for a free consultation and for unparalleled legal representation.

Lewd or lascivious acts (meaning acts that are sexual in nature) are generally prosecuted as felony sex crimes in California, under California’s Penal Code 288. Persons convicted of this offense typically face years in prison, a heavy fine and mandatory registration as a sex offender, pursuant to California’s Penal Code 290. In order to avoid these severe penalties, it is critical that the accused contacts a seasoned criminal defense lawyer who specializes in California sex crime defense. The experienced attorneys at The Kavinoky Law Firm know what it takes to successfully defend their clients charged with these types of offenses, and do so employing the utmost skill, discretion and integrity.

Anyone who willfully commits any lewd or lascivious act against a child under 14 (whether or not force or threats are used), with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, will be charged with a felony, punishable by three, six or eight years in state prison. The sentence will be the same for anyone who is a caretaker for another and who commits lewd or lascivious acts by force, violence or threats against the dependant person, with the above-described sexual intent. A “dependant person” is someone who has a physical or mental impairment that substantially restricts his or her ability to carry out normal activities or to protect his or her rights, and includes anyone who is admitted as a patient to a 24-hour mental health facility. It should be noted that the law doesn’t apply to a spouse or significant other caring for a dependant.

In addition to the stated prison sentences, the defendant faces a fine of up to $10,000, which may be imposed based on the circumstances of the offense. In determining whether to issue a fine and in determining how much to fine the accused, the court will consider the seriousness and gravity of the offense, whether the accused financially profited from the offense, and the extent (if any) to which the alleged victim suffered an economic loss as a result of the offense. A person convicted of committing a lewd or lascivious act against a child under 14 will also be prohibited from having his or her sentence suspended until the court obtains a report from a reputable psychiatrist or psychologist. It should be noted that a reasonable mistake of age will not serve as a defense to this charge.

Anyone who commits a lewd or lascivious act against a child who is 14 or 15 years of age and who is at least 10 years younger than the accused will be charged with a felony, punishable by one, two or three years in state prison, or with a misdemeanor, punishable by up to one year in county jail. The charge and sentence will be the same for a caretaker who commits such an act upon a dependant even without using force, violence or threats.

Regardless of the circumstances of the offense, an individual convicted of lewd or lascivious acts under California’s Penal Code 288 will be required to register as a sex offender in accordance with Penal Code 290. Registration is, perhaps, one of the most devastating penalties that may be imposed in connection with a sex crime, as the social stigma and lifestyle restrictions that it places upon an individual can be dramatically life-changing.

The best way to prevent these possibilities from becoming one’s reality is to contact one of the skilled attorneys from The Kavinoky Law Firm. The criminal defense attorneys at The Kavinoky Firm are dedicated to protecting the rights of their clients who are charged with California sex crimes, and have mastered aspects related to this area of the law. With law offices conveniently located in Los Angeles and throughout the state, they are available to help those in need of a California sex crime defense attorney. For a free consultation, the most trusted legal advice and unparalleled representation, contact the Kavinoky law firm today.

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.

Internet pornography is governed by both California state law and by federal law too. Generally, the purposes of the internet pornography laws are similar to pre-existing pornography laws that govern such things as books, magazines, and pornographic videos. Many of the laws either fall under the category of obscenity laws or laws that were created to prevent the exploitation of children.

Obscene material, whether it is on the internet or in magazines is considered illegal and a person can be prosecuted for selling such material. There is no First Amendment right to obscene speech. According to current Supreme Court law on obscenity, material is considered obscene when “to the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to the prurient interest.” This confusing language is quite ambiguous and the Supreme Court often finds itself debating about the meaning of this standard. A conviction for obscenity crimes can result in both civil and criminal forfeiture.

The question of obscenity is one for the jury. Therefore, it is best to use an experienced and qualified criminal defense attorney who can develop a rapport with the jury. Often times in American history, overzealous prosecutors with political intentions have prosecuted obscenity cases. These cases are often controversial and high profile. It is important to use an attorney who is used to the spotlight and not a person who may not be able to handle the pressure that such cases bring to bear upon the defendant and the defense team as well.

Federal and state law prohibit images that depict a minor either engaging in or simulating sexual conduct. This prohibition extends to anyone who mails, transports, distributes, reproduces, advertises, promotes, solicits, or presents such material. The state and federal definitions do vary, so it is important to get a qualified criminal lawyer who knows the differences. Furthermore, the penalties and fines between California law and federal law vary too.

The California Penal Code states that, every person who knowingly possesses or controls any matter, representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, the production of which involves the use of a person under the age of 18 years, knowing that the matter depicts a person under the age of 18 years personally engaging in or simulating sexual conduct, is guilty of a public offense and shall be punished by imprisonment in the county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment.”

Federal law requires anyone who produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer manipulated image of an actual human being, picture, or other matter which contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct that will be interstate or foreign commerce, shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction. This requires that a person producing such material to get proper identification from the performer as well as to ascertain any information that may be necessary to determine the performer’s age. A producer is considered someone who creates the original material or someone who puts the material in a catalogue or on a website as a thumb nail. The definition of producer is broad and therefore, almost anyone who puts images of persons engaged in actual sexually explicit conduct on the internet will be required to maintain such detailed records. For purposes of this law, “actual sexually explicit conduct” means actual but not simulated conduct. This differs from the standard that is applied to performers under the age of 18.

Internet pornography law is very much influenced if not the same as laws that govern pornography in the US and throughout the states. It is important to find legal counsel who has an understanding of the often complex issues involved in pornography cases.