California sex offenses carry harsh penalties – some can even result in lifetime incarceration. Sentencing enhancements can add years to an already lengthy prison sentence, and many California sex crime convictions carry a lifetime requirement to register as a sex offender. Fortunately, it’s possible to aggressively fight California sex charges with the help of a skilled criminal lawyer. The experienced California defense attorneys of The Kavinoky Law Firm are well-versed in effective defenses to sex crime charges.
How a California sex crime is punished depends on whether it is charged as a felony or a misdemeanor. The following are examples of some felony penalties.
An individual convicted of certain acts of rape (including spousal rape), rape in concert with another, lewd or lascivious acts with a child under 14 years of age, penetration with a foreign object, sodomy, oral copulation, or of the continuous sexual abuse of a child faces 15 years to life in prison (with no probation) if he or she committed one of these offenses while involved in the commission of another felony offense, while using a weapon or inflicting serious bodily injury on the victim, if the victim was restrained during the offense, if the offense was committed against two or more victims, if the accused administered a controlled substance to the victim during the commission of the offense, or if the accused acted in concert with another during the offense and either of the accused parties engaged in one of these activities.
If the accused did two or more of these things during the commission of the offense, he or she faces 25 years to life in prison with no probation. The same penalty applies if the accused is convicted of any of the above-mentioned offenses and he or she had been previously convicted of one of those offenses, or if he or she committed one of these offenses while engaged in the commission of another serious or violent felony.
In addition, if the accused is convicted of multiple charges against the same victim on different occasions (meaning that there was time between acts for the accused to reflect upon his or her actions before resuming the illegal sexual activity) or against different victims, he or she can receive consecutive sentences for each offense.
Anyone acting in concert with another, by force or violence and against the alleged victim’s will, who either personally commits or aids in the commission of rape, spousal rape or in the aggravated sexual abuse of a child will receive five, seven or nine years in state prison. It should be noted that when three sentencing options are available, the judge is required to impose the middle term unless aggravating or mitigating circumstances support either the higher or lower term.
An individual who has previously served two prison terms for any serious felony, and who, during the present offense, either inflicted great bodily injury on another or who used force that was likely to result in great bodily injury to another, will be labeled a habitual offender and will be incarcerated for life without the possibility of parole for the first 20 years. If the individual served three or more prior prison terms, he or she will be incarcerated for life without the possibility of parole. Bottom line: Anyone labeled a habitual offender faces a mandatory minimum 25 years in prison.
Clearly, an individual accused of a felony sex crime should hire a California criminal defense lawyer who knows how to skillfully navigate through the sentencing elements that are imposed in connection with such crimes. The experienced California defense attorneys at The Kavinoky Law Firm are skilled in every aspect of sex crime defense. With law offices located in Los Angeles and throughout California, they are conveniently located to serve those in need of an aggressive California sex crime defense attorney. Contact The Kavinoky Law Firm today at 1-800-NO-CUFFS for a free consultation.
