What Are 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. Although the penalties for sex crime convictions are severe and can be life-changing, there are a number of defenses available that the skilled criminal attorneys at The Kavinoky Law Firm know how to effectively apply. The following is a list and brief description of some of the most commonly charged California sex offenses:

Internet pornography targeting a minor (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 288, may be filed as a felony against an individual who willfully and purposefully 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 may 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 will be charged under the same circumstances when the alleged victim and the accused are married to each other. 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 may be filed when 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 647b) and/or pimping and pandering will result if an individual solicits a prostitute, runs a “brothel” (also known as a house of prostitution) or procures 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 takes place when 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 commits an act (or fails to perform a required duty) 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. Further, any sex offense that is committed against a minor will likely result in enhanced sentencing, as that is typically considered an aggravating factor.

Criminal prosecution may also face those who attempt to commit certain sex crimes, even if the attempt fails. It is also worth noting that individuals who commit specific sex crimes more than once will face harsher punishment with each subsequent offense.

The experienced criminal defense lawyers at The Kavinoky Law Firm are well-versed in sex crime defense and pride themselves on their unsurpassed level of service. For outstanding legal advice and caring and discreet representation, contact them for a free consultation.

Expunging Sex Crimes From One’s Criminal Record

Crimes in California fall under three main categories: Misdemeanors, felonies and wobblers. The expungement of one’s criminal record that contains a sex crime conviction may be possible, depending on the category under which the sex offense was sentenced. If seeking such relief, it is absolutely necessary to hire a skilled criminal defense lawyer who is familiar with the ways in which expungements are permitted, and who knows the most effective ways to convince the court that this type of relief is appropriate.

Expunging one’s record essentially means clearing one’s record. It is a process by which an individual’s court file is sealed, allowing an individual to honestly claim, under most circumstances, that he or she has no criminal history. Expungement is most useful to those desiring gainful employment, housing security, funding for higher education, and simple peace of mind.

Those who were convicted of California sex crimes (either misdemeanors or felonies without a prison sentence, where probation was granted) may be entitled to an expungement. Under these circumstances, an individual may be permitted to withdraw his or her Guilty or No Contest plea to enter a Not Guilty plea, or will have his or her guilty verdict set aside if convicted following a trial. If the defendant’s probation was terminated early at the request of his or her attorney or expired after the defendant met all of his or her obligations, if he or she is not on probation for or serving another sentence and is not charged with another offense, the court must dismiss the underlying charge. If, however, the offender incurred a violation while on probation, it is within the court’s discretion whether or not to grant the expungement.

For procedural and strategic reasons, a knowledgeable defense attorney will likely ask the court to reduce a wobbler to a misdemeanor prior to moving for the expungement, as it is better to have a dismissed misdemeanor on one’s record than a dismissed felony. It must be noted, however, that even if a wobbler is reduced, if it originally counted as a “strike” under California’s Three Strikes Law, it will continue to do so.

Although it has many benefits, having one’s conviction expunged does not completely cleanse one’s record. There are a variety of circumstances where an individual must still disclose the conviction, and these include applying for licensure by any state or local agency, contracting with the California State Lottery, and applying for public office. Perhaps most significant is the fact that an expungement does not relieve one’s requirement to register as a sex offender, pursuant to Penal Code 290 if previously ordered to do so. Finally, there are certain sex offenses (for example, distributing obscene materials to a minor) that, if committed more than once, automatically rise from misdemeanors to felonies. Even if an individual’s record is expunged, that prior offense will still count towards the enhanced sentence.

Those who have incurred felony convictions for their sex crimes that resulted in state prison sentences are ineligible for expungement and must apply for either a certificate of rehabilitation and/or a full pardon. Certificates are available to those who have been California residents for at least three years, and who have lead an honest life, free from criminal convictions for a specified amount of time, determined by the underlying offense. If approved, the governor receives a copy of the certificate, which becomes an application for a pardon. Certain sex crimes are excluded from this relief, and an individual convicted of such an offense must directly apply for a pardon. Pardons are reserved for those who have demonstrated exceptional reform.

An individual who wishes to pursue a sex crime expungement must contact a qualified California sex offense attorney. The experienced sex crime defense lawyers at The Kavinoky Law Firm know the most effective ways to apply for relief and will guide their clients employing the utmost skill and diligence. For unparalleled assistance in expunging one’s sex crime conviction, contact them today for a free consultation.

DUI / DWI Arrests in Redding, Anderson, Shasta Lake and Eureka

A Shasta County DUI / DWI conviction carries harsh consequences, which can include huge fines, a driver’s license suspension, and even time in jail or prison. Because these repercussions have such a negative impact, it’s critical that you fight the charges aggressively with the help of an expert lawyer. The experienced Redding DUI / DWI lawyers of The Kavinoky Law Firm are ready to fight your Shasta County drunk driving charge and work to diminish or even eliminate any punishment.

A Shasta County DUI / DWI arrest is a confusing and nerve-wracking experience, and it’s difficult to know what to do first. Like many accused drunk drivers, it may be your first experience with the criminal justice system. That’s why you need an experienced Redding DUI / DWI lawyer at your side. A knowledgeable DUI / DWI attorney will address every aspect of your drunk driving case, including arranging your release from jail on bail or on your own recognizance (OR) and requesting a hearing with the California Department of Motor Vehicles.

.Even after you’ve been released from jail and recovered from the initial shock of your Shasta County DUI / DWI arrest, requesting your DMV hearing is probably the last thing on your mind. However, you must request a hearing within 10 days of your DUI / DWI arrest or your driver’s license will be automatically suspended.

Fortunately, your DMV administrative suspension case can be fought just as aggressively as your Shasta County DUI / DWI criminal court charge. A successful challenge of the state’s evidence at your DMV hearing means your license cannot be administratively suspended. However, a conviction in criminal court can result in the loss of your license in a separate proceeding.

The prospect of facing a jury in criminal court is understandably frightening, but learning about the court process can ease your mind about the experience and prepare you for what lies ahead. Your Redding DUI / DWI lawyer will begin preparing your defense immediately – long before your case goes to trial. Your Shasta County DUI / DWI defense attorney will thoroughly examine every piece of evidence the prosecutor intends to use against you, including your chemical test and your field sobriety test, to establish the appropriate challenges

Many drivers wonder whether there is any point in fighting a Shasta County DUI / DWI charge, but you should know that it’s entirely possible to fight and win against your drunk driving charge. The seasoned Redding DUI / DWI lawyers of The Kavinoky Law Firm can answer all of your questions about your Shasta County drunk driving charge during a free consultation.

Being arrested for drug possession or an alcohol related infraction is a very stressful and difficult time. You are likely feeling fearful, defeated, and perhaps even regretful. Often when an individual is arrested for a drug or alcohol crime it is becomes the impetus for them to seek drug or alcohol treatment.

Seeking substance abuse treatment at this time is usually a very good idea. The drug or alcohol situation which led to the arrest has already caused significant problems in a person’s life ahead of the actual legal problem. Family, job related or personal struggles have often already come to light and your recent arrest is “the icing on the cake” so to speak. At this point going to treatment is a good idea, even if it is only to fix your legal troubles. You do not have to be at “rock bottom” to reap the benefits of drug or alcohol counseling. The treatment you will receive will do more than just aim to keep you off of substances, it helps improve your life, and can be a powerful tool in your legal defense.

Judges tend to look very favorably upon people who take the initiative to get a counseling or treatment plan in place ahead of their initial court appearances. It shows the judge that you sincerely see the problems that your substance abuse is causing you and society and that you want to change. Judges look for remorse, they look for the willingness to admit that you screwed up and are taking the steps to prevent a similar event in the future.

Judges also understand that often treatment becomes a necessity due to an arrest, they know that you may not even think you have a problem, or that you may not be ready to stop. However, by going to drug treatment, instead of serving jail time, judges know that you will have a much lower repeat offender rate and also save their state or municipality money in the long term. Treatment is much less expensive for society than a drawn out trial and period of incarceration. Statistics show that for every $1.00 spent on treatment saves about $7.00 in criminal justice costs. This is a motivating statistic for the courts, they want you in treatment, not jail or wrapped up in the justice system.

In treatment you will learn how substance abuse affects you. The counselors and fellowship around you will help you understand whether you are an addict, abuser or casual user who went over the edge. You will also find ways to cope with substance abuse, you will learn how to stay clean, sober and out of trouble and also how to enjoy your life without the use of mind altering chemicals. By learning these powerful lessons, you will be able to move on with your life as a more knowledgeable person and rise above your substance abuse and legal problems. Usually, your family life, work performance and personal struggles will get much better, almost immediately. This is good for you, for society, and for those who love you. Treatment is an excellent option, and one the courts will look favorably upon.

Top 10 myths about sex offenders

The social stigma that attaches when someone has only been charged with a sex crime makes it almost impossible to receive a fair trial. The skilled criminal attorneys at The Kavinoky Law Firm specialize in California sex crime defense and know the most effective ways to dispel the myths that pervade our society, to ensure that their clients receive fair consideration from skeptical judges and jurors.

The following are the top 10 myths that our society readily believes regarding sex offenders.

1. All child molesters are pedophiles.
Fact: Child molesters do so for a variety of reasons, often unrelated to sexual desires. Their victims may be incidental and their primary sexual orientation may even be towards adults. They may molest a child to meet an unmet emotional need.

2. All pedophiles are child molesters.
Fact: Pedophiles have a strong sexual desire towards children but many are content fantasizing in private. Many rely on pornographic materials to fulfill their fantasies in the safety and comfort of their own home, never actually molesting a child.

3. Child pornography collectors molest children.
Fact: Some child molesters use child pornography – not all child porn collectors molest children. Research reveals that many child molesters aren’t stimulated by child porn and (if they collect pornographic materials at all) actually collect adult porn. There is no evidence to suggest that sex offenders use pornography with any more frequency than non-offenders.

4. All convicted child molesters re-offend.
Fact: A convicted child molester may have molested a child because of poor self-esteem, due to a perceived inability to be close with an adult partner or to escape feelings of powerlessness and loneliness. Many molest due to a specific circumstance and not based on an ongoing need.

5. The more serious the initial offense, the more likely the person will re-offend.
Fact: This is perhaps one of the most commonly exploited myths – and easy to dismiss with research and reports. Recidivism (relapse) rates for sex offenders are lower than for the general criminal population and rape (one of the most severe sex crimes) has an extremely low relapse rate.

6. All convicted rapists re-offend.
Fact: This, too, is a largely publicized, political fear-tactic that has no bearing on reality. Convicted rapists have one of the lowest recidivism rates among criminals, and the only group that is lower is convicted murderers.

7. Most sexual assaults are committed by strangers.
Fact: Regardless of whether the victim is an adult or a child, the fact is that most sexual assaults are committed by an individual known to the victim or to the victim’s family. 9 out of 10 rape or sexual assault acts involve a single offender who had a prior relationship with the victim as an acquaintance, intimate partner or family member.

8. Indecent exposers are rapists waiting to happen.
Fact: This is a huge leap. Indecent exposers (also known as flashers) reportedly engage in such behavior to feel validated. Many believe that they are performing a harmless act and that flashing is a victimless crime.

9. Punishment is the best deterrent.
Fact: Certain types of rehabilitation have a much better deterrent effect on recidivism than punishment. The fact is that longer prison sentences have a higher recidivism rate than shorter sentences – those more than 2 years increased the rate and those less than 6 months had no effect on the rate. Research supports that cognitive-behavioral therapy is the best treatment for adult offenders (focusing on the social influences, values and habits that contribute to these crimes, teaching techniques to cope) and that systematic therapy is the best treatment for adolescent offenders (focusing on the needs of family and other social systems that influence these offenders, including peers and school).

10. Treatment for sex offenders doesn’t work.
Offenders who successfully complete treatment programs re-offend less often and less seriously than those who receive no therapy – period. Research continually reveals that sex offenders can be successfully treated.

To learn more, contact the outstanding sex crime defense lawyers at The Kavinoky Firm for a free consultation.

DUI / DWI Arrests in Lassen, Plumas, Sierra and Butte Counties

If you’ve been arrested for DUI / DWI anywhere in Lassen, Plumas, Sierra or Butte counties, including Quincy, Paradise, Chico or Yuba City, you need an expert California drunk driving lawyer fighting for your rights. The experienced Quincy DUI / DWI lawyers of The Kavinoky Law Firm will fight aggressively to protect you from fines, driver’s licenses suspensions, jail, and the other consequences of a drunk driving arrest.

A drunk driving arrest can happen to anyone – it’s whether you choose to aggressively fight your DUI / DWI arrest that sets you apart. However, it’s difficult to know what to do first, particularly if it’s your first experience with the criminal justice system. A knowledgeable Quincy DUI / DWI lawyer will guide you through every detail of your drunk driving case, including posting bail or getting released on your own recognizance (OR) and requesting a hearing with the California Department of Motor Vehicles.

After everything you’ve been through, requesting your DMV hearing is probably the last thing on your mind, but if you don’t request a hearing within 10 days of your DUI / DWI arrest, you risk the automatic suspension of your driver’s license.

Fortunately, it’s possible to successfully fight your DMV suspension just as you can challenge your DUI / DWI charge in criminal court. If your attorney can successfully challenge or exclude the state’s evidence at your DMV hearing, your license cannot be suspended in the DMV’s administrative action. However, the court can order your license suspended if you’re convicted in criminal court.

You are probably understandably nervous about facing a jury in criminal court, but learning about the court process can make the experience less nerve-wracking. Your Quincy DUI / DWI lawyer will start fighting your drunk driving charge long before the case goes to trial. Your attorney will analyze every aspect of the case against you, including your chemical test and your field sobriety test, to determine the most effective challenges.

You may wonder whether there is any point to fighting your Lassen, Plumas, Sierra or Butte county DUI / DWI charge, but you should know that a drunk driving charge doesn’t result in a slam-dunk conviction – not even close. The experienced Quincy DUI / DWI lawyers of The Kavinoky Law Firm are ready to fight your drunk driving charge in Paradise, Chico, Yuba City and Quincy. To find out more about proven defenses to your drunk driving charge, contact us today for a free consultation.

Release Conditions in Sex Offense Cases

When arrested for a California sex crime, the accused is permitted to post bail, to be released on his or her own recognizance (also referred to as OR release) or the offender will be denied bail, based on the specific crime or crimes alleged. Whether or not the individual’s bail may be modified without a hearing will also depend on the charged offense. An experienced sex crime defense attorney is the key to navigating this system with ease and understanding.

The bail for certain sex offenses will be set according to a bail schedule. These offenses include those that involve obscene materials, rape (when the alleged victim is incapable of consenting due to a mental or physical disorder or when he or she is unconscious, under the influence or submits under the false belief that the perpetrator is his or her spouse), statutory rape, spousal rape (when the alleged victim is under the influence or unconscious or is threatened by incarceration or deportation), oral copulation (with a minor over 14 or under the circumstances described above under rape), sodomy (with a minor over 14, under the same circumstances or when threatened by incarceration or deportation), sexual penetration (under the same circumstances), indecent exposure, prostitution, pimping, pandering, bigamy, incest, sexually assaulting an animal, abduction for marriage, contributing to the delinquency of a minor or situations where a public entity employee engages in sexual activity with an involuntarily committed resident.

With respect to the above offenses (some being misdemeanors, some being felonies), the bail may be modified upon an application that may be submitted by the arresting officer, by the defendant or by anyone on his or her behalf. Public safety will be the main consideration for the court in determining whether or not to raise or lower the set bail or whether to release the accused OR.

Certain sex crimes require that a hearing be held before the accused may have his or her bail modified. These crimes include lewd or lascivious acts with a child under 14, sexual penetration with a child under 14 who is also more than 10 years younger than the accused, and the continuous sexual abuse of a child. When a hearing is held, the judge will primarily consider public safety, but will also consider the defendant’s flight risk, his or her prior criminal history and the severity of the pending case. When considering these issues, the judge presumes that the accused is guilty, which is another reason why it is imperative for the accused to have a skilled criminal defence attorney who knows how to persuade the judge otherwise..

There are certain sex offenses where bail doesn’t apply, because they are considered so serious. These include rape, spousal rape, oral copulation, sodomy, sexual penetration or lewd or lascivious acts performed on or with a child under 14 where force or threats were used to accomplish any of these acts, or where the accused acted in concert with another while committing or attempting to commit these offenses.

If arrested on a bailable offense and denied an OR release, the accused can elect to post cash bail or a bail bond. If the accused posts cash bail, he or she remits the full bail amount, which will be returned at the conclusion of the case if he or she attends all court appearances. If the accused posts a bail bond (the more commonly-used option), he or she pays a bail agent or bondsman 10% of the bail amount and the agent then pays the rest. The bondsman may also require additional collateral, which he or she may keep or sell if the bond isn’t refunded at the conclusion of the case due to the defendant’s failure to appear.

The outstanding attorneys at The Kavinoky Law Firm are unsurpassed in California sex crime defense. They are dedicated to helping their clients get released from custody as quickly and inexpensively as possible, and providing the best defense throughout the entire criminal court process. Contact them today for a free consultation.

Prohibited Sexual Conduct By Public Entity Employees

California regulates the sexual activity of those who are responsible for providing care to others in public treatment facilities and public detention facilities by prohibiting sexual activity with those who are involuntarily confined within these institutions. If convicted of this type of sex crime, the accused faces either a misdemeanor or a felony and will most likely lose his or her job as well. The outstanding criminal attorneys at The Kavinoky Law Firm excel in California sex crime defense and are dedicated to protecting their clients from these devastating penalties.

Any employee or officer of a public entity treatment facility or adult or youth detention correctional facility or any employee, officer or agent of a private facility that contracts with a public facility who either rubs or touches the breasts or sexual organs of an adult who is involuntarily confined in such an institution or of oneself in the presence of and with knowledge of the patient or inmate, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of oneself or of the other will be charged with a misdemeanor, punishable by up to six months in county jail and a maximum $1,000 fine.

Any person who holds a position as described above who engages in “sexual activity” with such a confined individual will face either a misdemeanor or a felony, punishable by up to one year in county jail or state prison and a maximum $10,000 fine. Within this context, “sexual activity” refers to sexual intercourse, sodomy, oral copulation or sexual penetration.

If an individual is convicted of this offense (and was previously convicted of a violation of this section) the charge will be labeled a felony. Anyone who is convicted of a felony violation of this section who is employed by a Youth and Adult Correctional Agency will be terminated and will not be eligible to be hired or reinstated by a Youth and Adult Correctional Agency.

It must be noted that consent is assumed with respect to this crime, and therefore will not serve as a defense to the charge. It will be a defense, however, that the alleged sexual activity took place between consenting adults during an approved overnight conjugal visit or as the result of physical contact or penetration that was made pursuant to a lawful search or due to bona fide medical examinations or treatments.

In order to best avoid the consequences that may be imposed in connection with this charge, it is imperative that the accused hires a criminal defense lawyer who has mastered California sex crime defense. The skilled attorneys at The Kavinoky Law Firm have done just that. They receive ongoing education and training with respect to this specific area of the law, and keep up-to-date with sex crime laws, defenses and cutting-edge trial strategies. This knowledge gives them a tremendous advantage over the competition, and gives their clients a smooth path through the criminal courts system. With law offices located in Los Angeles and throughout this state, The Kavinoky Law Firm is conveniently located for anyone in need of a criminal defense lawyer who focuses on California sex crime defense. Contact them today for a free consultation, for the most trusted legal advice and for unsurpassed representation.