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.

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, 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 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.

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.

Defenses to Rape and Attempted Rape

Rape is defined in California as sexual intercourse with a person without his or her consent or that is against his or her will. Attempted rape will be charged when an individual specifically intends to rape another but doesn’t actually penetrate the other due to a variety of circumstances, the most typical situation being that the alleged victim resisted the accused individual’s efforts. Either charge will be prosecuted as a felony and carries severe penalties, which may include up to three, six or eight years in state prison, probation, community service or labor, medical treatment and a requirement to register as a sex offender, pursuant to California Penal Code 290.

Defenses to these charges exist and can be successfully argued by a California criminal defense lawyer who specializes in the unique and complex field of law that comprises sex offenses. The California sex crime defense lawyers at The Kavinoky Law Firm know exactly how to effectively convey these defenses to the judge and jury in ways that portray their clients in a favorable light. They critically analyze and investigate every piece of evidence that has been collected with respect to the charge, which includes the alleged victim’s complaint, any and all witness statements, all police reports and any DNA or other physical evidence. As a result of the diligence with which they review each and every case, their clients gain a powerful advantage, as the attorney will undoubtedly uncover weaknesses in the prosecution’s case, which can lead to a reduction of the charges or possibly an early dismissal of the case.

Some of the most common defenses that are applicable to California rape and attempted rape charges are consent, insufficient evidence, no witnesses, a lack of physical evidence or mistaken identity. With respect to consent, it should be noted that an existing or previous sexual relationship between the accused and the alleged victim will not automatically imply consent, nor will the alleged victim’s request that the accused use a condom or other birth control. Depending on the facts of the individual case, a seasoned criminal attorney will know which defenses will be the most likely to find favor with the judge and jury and will know how to apply them correctly. Once the lawyer has determined the most appropriate defenses to pursue, he or she will move to suppress any evidence that was obtained through an illegal search or seizure, that was collected during a prejudicial police line-up or that in any other way violated his or her client’s constitutional rights. He or she will further highlight any evidence that is helpful to the client (especially if it was ignored by the police or prosecutor), will point out any inconsistent statements made by the alleged victim, any witnesses or the police and will question the alleged victim’s credibility and criminal history in an effort to uncover any other sexual assault allegations or issues that could be relevant to his or her believability.

The skilled attorneys at The Kavinoky Law Firm will employ every resource to ensure that their clients receive the most vigorous, comprehensive defense possible. They are dedicated to protecting the rights of all their clients and will treat an accused sex offender with the compassion, respect and discretion. With law offices located in Los Angeles and throughout the state, they are easily accessible to those in need of a California sex crime defence attorney. For outstanding legal advice and the most trusted representation, contact the Kavinoky law firm today for a confidential, free consultation.

Sex Offender Registration

Although California sex crimes can subject the accused to lengthy prison sentences and heavy fines, perhaps the most brutal penalty (because of its social stigma) that such an individual faces is registration as a sex offender, pursuant to Penal Code 290. California Penal Code 290 provides that an individual who is required to register as a sex offender does so for the rest of his or her life while residing, working or going to school in this state. Upon registration, he or she must pay $300 for a first conviction and $500 upon a second or subsequent conviction, to the Department of Justice in addition to any fines imposed in the current case.

The sex offenses that require registration include spousal rape when accomplished or attempted using force, violence or threats, most instances of rape, rape or sexual penetration when acting in concert with another, pimping and pandering with a minor, enticing a female unmarried minor into prostitution, procuring a child under 16 years of age for lewd or lascivious acts, committing a sex act where consent was procured by fear and false representations, aggravated sexual assault of a child, abducting a minor for prostitution, incest, lewd or lascivious acts with a child under 14, continuous sexual abuse of a child, sodomy, oral copulation, penetration with a foreign object, indecent exposure, certain crimes dealing with obscene materials, using harmful matter to seduce a minor, and conduct involving lewd or lascivious acts that fall under “contributing to the delinquency of a minor”.

The accused must personally register his or her primary address (or addresses if the accused has more than one address where he or she regularly resides) with his or her local law enforcement agency within 5 days of the requirement. A student or employee of a college or any other institution of higher learning must meet that same requirement and must also register with the campus police department (if there is one) within 5 days of the requirement, within 5 days of commencing enrollment or employment at such an institution, and within 5 days of leaving such an institution. All individuals are also required to update their information yearly, within 5 days of their birthday. An individual labeled a “sexually violent predator” (that is, one who has committed a sex offense by means of force, violence, duress or threats, and who has been diagnosed with a mental disorder that makes the accused a danger to the health and safety of others) is required to update his or her information every 90 days. The registering agency then passes the information along to the Department of Justice Violent Crime Information Network. People who live out-of-state but work in California must register in the same manner if they are registered sex offenders in the state in which they live. Changes of address or name changes must be reported within 5 days to one’s local agency as well. In addition, if an individual who has registered as a sex offender in California moves, he or she may further be required to register in any other state where he or she relocates. Failure to follow any of these requirements within the specified timeframe will be penalized with an additional criminal charge of either a misdemeanor or felony, depending on how the original charge was filed, punishable by up to one year in the county jail and fines up to $1,000 for a misdemeanor, or by 16 months or two or three years in state prison for a felony.

The consequences of registering as a sex offender are life changing. When charged with a California sex crime, it is critical that the accused hires a criminal defense lawyer who specializes in this unique area of the law in order to defend against this severe penalty. The exceptional criminal attorneys at The Kavinoky Law Firm have mastered California sex crime defense and have successfully defended countless individuals, treating each with compassion and respect. For an unparalleled defense, contact them at one of their Los Angeles or other California law offices today for a free consultation.

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.