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.
