Tag: criminal defense attorney

After Arrest: What to Do Following Police DUI Arrest

Posted by Brianna Wilkins on

Arrest for DUI can be a scary thing: don’t panic. There are things you can do to work to ensure your fair treatment. First things first, hire an experienced criminal defense attorney.  A great attorney will work to get you the best outcome possible from your case.

What to Do First After DUI Arrest

There is an lot of circumstances that lead to an arrest for a California DUI / DWI or drunk driving. For example, maybe you and your date shared a bottle of wiafter arrestne at dinner. Sadly, in your excitement to get home, a police officer pulled you over for speeding. If the officer detected the smell of alcohol on your breath, now you’re in trouble. Or, let’s take another situation, maybe you had one too many at a friend’s wedding. A police officer pulls you over when you fail to come to a complete stop somewhere. The point is that a drunk-driving arrest happens to almost anyone at any time. When it does happen, a call for a California DUI attorney is a must.

While you may have feelings of distress or anger following your arrest, do not bury your head. Waste no time in hiring qualified California criminal defense lawyers or a DWI criminal defense lawyer. Wasting time will likely result in a suspension of your driver’s license by the Department of Motor Vehicles. If you or someone you know is facing a charge of driving under the influence, you need legal assistance. You may need to locate someone who remains in custody, and you will need to locate a bail bondsman. Consequently, a lawyer that specializes in California DUI laws can help you navigate the confusing California system.

Custody and Bail

It is not always simple locating a friend or loved one who is in custody. Without the right information, it can feel downright impossible. When attempting to locate someone it is helpful to have the individual’s full name, birth date, and booking number from the arrest.

Most often, one is released on their own recognizance (OR) following an arrest for a DUI / DWI in California. This means that a person is free to go but must return to court for their arraignment. There is a great deal of trust here, as there is no bail paid. However, this does not mean that they are not in need of California criminal defense lawyers.

With this said, there are circumstances in which a person is held in custody until they pay bail. In such cases, locating a dependable bail bondsman is crucial. The bondsman can help secure the rapid release of the suspect. Additionally, the bond helps speed up the beginning to his or her defense. Typically a bail bondsman requires a down payment equal to ten percent of the total amount of bail.

DMV Case and California Criminal Case

A DUI / DWI charge in California actually results in two separate cases. You will face a California Department of Motor Vehicles case and a California criminal case. Each case needs to happen as soon as possible in order to avoid unnecessary negative repercussions.

In California DMV cases a person accused of drunk driving has ten (10) days from the date of arrest to request a DMV hearing. If this doesn’t happen, the DMV automatically begins a process of suspending the person’s license to drive.

In the criminal case involving driving under the influence, the first step is the arraignment. At the arraignment, you enter a plea of Guilty, Not Guilty, or No Contest. Remember, you don’t have to enter a guilty plea. An experienced California DUI attorney can fight your case and win. However, they must know the California DUI laws in every detail.

Hire Great Counsel

Oftentimes, it takes costly resources to fight a CA DUI / DWI case, and the issues are complex. It is possible to win a case with the right legal counsel with a great strategy. Success can happen in both the DMV hearing and the criminal drunk driving case.

The Kavinoky Law Firm employs the best DUI lawyers in Los Angeles. Call for a free consultation anytime with a top criminal defense attorney in California. Call 24/7 – 365 days a year. We’re here to fight for you.

Cocaine

Posted by Brianna Wilkins on

cocaine lawyersCocaine is a Schedule II drug under California Health & Safety code 11055 (b) (6)), and it’s illegal to use, possess, sell, possess for sale, and manufacture. Violation of California’s cocaine laws can result in felony charges that carry significant prison time. Consequently, if you’re facing a California cocaine charge, you should have an experienced defense lawyer fighting for your freedom. Additionally, a skilled California drug lawyer from The Kavinoky Law Firm will do everything possible to protect you from the serious consequences of a cocaine charge.

Cocaine Penalties

What is especially relevant here is that sentencing changes based off of the crime. California’s determinate sentencing laws spell out a lower term, a middle term, and an upper term for felony offenses spelled out in months or years.

In fact, the punishment handed down after a cocaine conviction will be determined by the facts of your case and by aggravating and mitigating factors. These factors are circumstances that prompt the judge to treat you more harshly leniently. Mitigating factors are almost always very helpful in a case. You’re probably going to talk to your attorney about these following your arrest.

The following charges can be brought in a California cocaine case:

Section Number
Charge
Sentence
11350
Cocaine possession
16-2-3
11351
Possession for sale
2-3-4
11352
Sale (transport, import, furnish, administer, give away, etc.)
3-4-5
11379.6
Manufacture (process, prepare, etc.)
3-5-7 plus $50,000
11355
Agrees to sell, then sells another substance in lieu of
Misdemeanor or 16-2-3
11366.8a
Possess or use false compartment in vehicle to store or transport
Misdemeanor or 16-2-3
11366.8b
Design or construct false compartment in vehicle to store or transport
16-2-3
11401
Analog of cocaine (controlled substance) (i.e. substantially similar chemical structure or effect)
PC 182a1
Conspiracy to do any or all of the above (same as substantive charge)
11532
Loitering in a public place
Misdemeanor
with the intent to commit a drug offense

Sentencing Enhancements

In addition to the charges in a California cocaine case, there are also numerous sentencing enhancements that can be filed that, if proven, can substantially increase your punishment. Another penalty can add include  more time for weight enhancements, prior convictions, firearms, locations, and minors.

Therefore, if you’re facing a California drug charge, you could see substantial prison time. Additionally, there are other significant repercussions to this conviction. However, it’s entirely possible to aggressively fight your charge. Hence, you need a lawyer – and you need one quickly. Luckily, a skilled California criminal defense attorney from The Kavinoky Law Firm is ready to review your case and help you plan your next move. Please contact us today at 1.800.NO.CUFFS for a free consultation.

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About Darren Kavinoky and The Kavinoky Law Firm.

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider, and is a sought-after guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.

Bail Bonds – Release on Recognizance

Posted by Brianna Wilkins on

Bail bonds can feel like an overwhelming and complicated part of the arrest process.

Whether you or a loved one is facing conviction for DUI (drunk driving) or murder, a misdemeanor or a felony, you want out of jail. Therefore, one of the first priorities is to get the accused released from custody.

Bail, Bail Bonds, and O.R.

Release may be by way of a simple promise to appear, also known as being released O.R., or on one’s own recognizance. However, for more serious misdemeanors or felonies, or where the accused has a prior record, posting bail may be required to secure release.

Most counties have a “bail schedule”, which is simply a list of various Penal Code, Vehicle Code, and Health and Safety Code violations, and a corresponding bail amount. These are the “presumptive” bail bonds amounts, but the actual amount of bail can be deviated either higher or lower, depending upon the facts of the case and the background of the accused.

The purpose of setting bail is two-fold: it is to ensure the presence of the accused at future court proceedings, and it is also to safeguard the community. There are many factors to consider:

  1. The bail schedule,
  2. Seriousness of the offense,
  3. Previous criminal record of the defendant, and/or
  4. Whether the defendant has ties to the community, owns property, or has a job, and many others.

Types of Bail

Bail is a complex issue, and there are many special rules that apply to certain types of cases. For example, in a DUI (drunk driving) case, an person cannot go home until a sufficient period of time. The person must allow their blood alcohol concentration to drop below certain levels. In domestic violence cases, even misdemeanors, O.R. release is not allowed by the arresting agency. In cases involving drugs, or criminal enterprises, a source of bail hearing must occur. This is a hearing where the defendant must show that the money used to secure his or her release is not the fruit of criminal activities.

Once you know bail prices, it amount shows up in one of several ways:

  1. Cash bail,
  2. Government bonds,
  3. Real Property, or
  4. Bail Bonds. This last option is the most popular of all four.

Bail Bondsmen

A good bail bondsman provides an invaluable service. In exchange for the bondsman’s fee (which is usually 10% of the amount of the bond, with or without collateral), a good bondsman will forego sleep in favor of going to a police station or county jail, filling out necessary paperwork, and even driving the accused home and ensuring that they have a hot meal on the way.

We work with some of the best, most dedicated bail bondsmen in the business. Like our offices, these bondsmen dedicate themselves to providing the best possible service. They give their clients excellent value for their investment. If someone you care about needs to bail out of jail, you can call on them for immediate help.

Hire an Attorney

If you should find yourself arrested for DUI, talk to a criminal defense lawyer at The Kavinoky Law Firm right away. 1.800.NO.CUFFS is the number to call – we don’t sleep – so you can. Don’t wait to get a free consultation from one of the best criminal defense attorneys in the state of California.

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DUI Blood Sample Investigation & Evidence Testing

Posted by Brianna Wilkins on

DUI blood sample investigation & evidence testing is a key strategic move in any criminal defense case.

DUI Blood Sample Investigations

Believe if or not, some criminal attorneys don’t include analysis of blood tests in their fees.

Going the extra mile to challenge prosecution evidence in a California DUI case is extremely important. A strong defense begins with lots hard work. It’s important to think through all of the possible things that could potentially be incorrect in your case. The Kavinoky Law Firm excels at defense. For example, if you took a blood test before your California DUI arrest, we will double check. Consequently, we will order an independent test of your blood sample at no extra charge.

The Logic Behind Independent Testing

The reason why we order an independent blood test is simple. Errors occur in blood testing more often than police and prosecutors like to admit. In fact, a blood sample in a California DUI case is not always perfect. Improper collection, storage, or analysis can ruin one’s reputation. Additionally, it is even possible to accidentally swap a sample from another driver.

The blood sample in your California DUI has specific instructions for collection and storage. Consequently, improper storage or collection provide problems or solutions. The blood needs to go into a glass tube that contains a mix of preservative and anticoagulant. If the preservative level is incorrect, your blood sample can ferment, creating alcohol and an inflated result. If the tube doesn’t contain enough anticoagulant, your blood sample will clot, which also creates falsely high blood alcohol levels. This is why independent testing of the same sample is essential for an effective California DUI defense.

Tests Aren’t Always Accurate

Even when a blood test is accurate, it merely indicates that your BAC was over the limit when you were tested, not when you were driving. It is not against the law to exceed the legal limit while at the police station, only while behind the wheel. Your body can absorb alcohol for a long time after you stop drinking, so your BAC may have risen between the time you were pulled over and the time you were tested.

An independent blood test is a crucial part of an aggressive California DUI defense. Therefore, that’s why The Kavinoky Law Firm includes this service in their retainer. For more information about California DUI defense, please contact us today at 1-800-NO-CUFFS for a free consultation.

Criminal Defense Attorney – How We are Different

Posted by Brianna Wilkins on

California criminal defense attorney and seasoned trial lawyer, Daren Kavinoky knows how to fight for your rights. In fact, he is a successful California Attorney. Successful California criminal defense calls for innovative and strategic approaches.

California Criminal Defense Attorney and Leader

The California defense attorneys of The Kavinoky Law Firm are always searching for new approaches to fighting criminal charges. Consequently, we seek out the latest technological advances to benefit our clients. We employ advanced computer software support such as:

  • BAC Tracker,
  • Westlaw,
  • Forecite, and
  • The CEB (Continuing Education of the Bar) database.

Highly sought-after attorney Darren Kavinoky ensures that your case received the utmost attention to detail. When you work with Darren himself or his team of attorneys, your case is in good hands. You can rest easy knowing that the latest technological innovations are working on your side.

Stay Up-To-Date

It is important to the Kavinoky Law Firm that you never wonder about the status of your case. We commit to keeping you up-to-date about the status of your case. Whether you prefer phone, email, or snail-mail, we ensure you are always aware. You won’t wonder about the latest developments in your case. In fact, at the very least, we send you a letter at least once a month outlining developments in your case.

The Kavinoky Law Firm is dedicated to providing comprehensive support and ensuring that our clients have access to the resources they need. We’ll provide information about alcohol schools, private jails, auto insurance, alcohol and drug rehab services, or any other information that you need to successfully resolve your California criminal case.

The Kavinoky Law Firm is as committed to protecting the environment as you are, so you can choose to receive all of your communication electronically. So by going green, you can help us cut down on unnecessary paper use.

If you’re looking for a law firm that employs creative, cutting-edge approaches to fighting California criminal cases, The Kavinoky Law Firm is here to help you. Please contact us today at 1-800-NO-CUFFS for a free consultation.

Evading Law Enforcement

Posted by Brianna Wilkins on

Evading Law Enforcement

Anyone who attempts to avoid arrest or flee a pursuing police vehicle in California can be charged with evading law enforcement. Evading arrest is a serious offense that requires the representation of an expert defense lawyer. The skilled defense attorneys of The Kavinoky Law Firm are experienced in every aspect of California evading arrest laws, and will provide top-notch representation.

A driver convicted of misdemeanor evading law enforcement faces serious consequences, including fines, a driver’s license suspension, and up to six months in jail. If there are no aggravating factors present, such as injuries to someone other than the driver, this offense will likely be charged as a misdemeanor.

Drivers accused of evading arrest often face other charges. If alcohol and/or drugs were involved, the driver will likely also face a charge of DUI / DWI or driving under the influence of drugs. If the driver is accused of leaving the scene of an accident, there will typically be a charge of hit-and-run in addition to the allegation of evading law enforcement.

If the motorist is charged with reckless driving in conjunction with evading arrest, the offense can be charged as either a misdemeanor or a felony, and the driver could face up to four years in prison. However, in order to obtain a conviction, the prosecutor must establish that the driver had a willful disregard for the safety of others, which is a difficult allegation to prove.

There are several elements to a charge of evading arrest, and the prosecutor must prove each element in order to obtain a conviction. Remember, the prosecutor has the burden of proving the driver’s guilt beyond a reasonable doubt, and if that burden of proof isn’t met, the driver cannot be convicted. There are several proven strategies to defend a California charge of evading law enforcement.

In some cases, it may be in the driver’s best interest to negotiate a settlement in a California evading arrest charge rather than taking the case to trial. A skillfully negotiated plea bargain may offer an opportunity to plead guilty in exchange for reduced charges and/or alternative sentencing, which is best accomplished with the assistance of a capable California defense lawyer.

The knowledgeable defense attorneys of The Kavinoky Law Firm are skilled in every aspect of defending California charges of evading police. To learn more about effective defense strategies regarding evading arrest charges, contact an experienced defense lawyer today for a free consultation.

Sex Crimes Against Children

Posted by Brianna Wilkins on

Sex crimes against children are among the most punitive crimes in California, and carry severe penalties.

Sex Crimes Penalties

These severe penalties include lifetime incarceration and mandatory registration as a sex offender, pursuant to Penal Code 290. They encompass a variety of charges and all elicit highly-charged emotions from judges and juries, which is why it is critical that an individual accused of one of these offenses hires a skilled California criminal attorney who specializes in sex crime defense and who knows the most effective ways to defend against the devastating and life-changing consequences that such a conviction carries.

 

Felony Aggravated Sexual Assault

A felony aggravated sexual assault charge subjects the offender to fifteen years to life in prison. This conviction occurs when the act is against a child who is younger than 14. Additionally, if the child is seven or more years younger than the accused.

To clarify, these acts include:

  1. Rape. Using force, violence, or threats to kidnap, falsely imprison, or inflict extreme bodily injury or death upon the victim or another, or when the accused acts in concert with another,
  2. Sodomy. Under the same circumstances mentioned above,
  3. Oral copulation. Under the same circumstances mentioned above,
  4. Sexual penetration. Committed against the victim’s will by means of force, violence, or intimidation.

The court imposes a consecutive sentence for each offense that results in a conviction. In fact, each conviction includes each separate violation regardless of same or different victim. If the violations occur on separate occasions, they treat them as separate crimes to prosecute.

Sentencing

A judge grants a prison sentence of 25 years to life upon conviction of an individual in one specific circumstance. For this sentence, the accused is over the age of 18 and engage in sexual intercourse/sodomy with a child who is 10 years of age or younger. Fifteen years to life will be imposed in conjunction with a conviction for orally copulating or sexually penetrating a minor 10 years of age or under by an individual 18 years of age or older.

Continuous sexual child abuse will be charged against an individual who either lives with the abused child under the age of 14 or who has recurring access to the child and engages in three or more acts of substantial sexual conduct (which means oral copulation, masturbation or sexual penetration) or three or more acts of lewd or lascivious conduct (which means any act done with the intent to arouse, appeal to or gratify the lust, passions or sexual desires of the accused or victim) over a minimum three-month period. A conviction for this offense carries a six, twelve or sixteen-year prison sentence. A defendant may be charged with only one count under this section unless the other charged offense occurred under a different time period or more than one victim was involved.

Harmful Matter

The least serious sex crimes against children involve situations where an individual knowingly:

  1. Distributes, sends, or exhibits any harmful matter (that is, sexual material that lacks serious literary, artistic, political or scientific value for minors)
  2. To a child with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of him or herself or the minor,
  3. With the intent or purpose of seducing the minor.

Consequently, upon a first conviction, the accused faces either a misdemeanor or a felony. Therefore, the crims results in up to one year in jail or prison. However, upon a second or subsequent conviction, the crime is automatically classified as a felony. Distributing, sending or exhibiting these materials in aid of legitimate sex education or scientific educational purposes will serve as a defense to this crime.

A person convicted of any of the above acts against a child under 14 shall not have a suspended sentence. That is, not until the court obtains a report from a psychiatrist or psychologist. The report is so the court can see the mental condition of the accused.

Hire an Attorney

The outstanding criminal defense lawyers at The Kavinoky Law Firm are masters in the defenses pertinent to these sex crimes. Additionally, the ways in which they are most successful. To secure an unparalleled defense and the most trusted legal advice, call them today for a free consultation. Rest assured, the firm commits itself to securing the best outcome for its clients.

We staff only the best lawyers in California so we can defend you to the best of our ability.

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Contributing to the Delinquency of a Minor

Posted by Brianna Wilkins on

Contributing to the delinquency of a minor is a misdemeanor offense in California. Those who coerce, persuade, or aid minors in committing crimes, are liable for prosecution.

Contributing to the Delinquency of a Minor

This charge exists to prosecute those who commit or fail to commit an act which induces crime. Specifically Contributing to the Delinquency of a Minor causes or encourages a person under the age of 18 to commit crime. The child is now a ward or dependent of the juvenile court.

The state may also levy this offense against an individual who either:

  • Threatens,
  • Commands,
  • Persuades, or
  • Induces a minor, ward or dependent child of the juvenile court to do or perform a crime. Additionally, this act may cause the child to remain such a ward or dependent. So, this act itself is a crime.

Since this crime includes both acts and failures to act, an individual may either intentionally or negligently commit this offense.

Contributing to the Delinquency of a Minor Conviction

If convicted under either of these circumstances, the accused faces a misdemeanor. This misdemeanor carries a maximum fine of $2,500 and up to one year in county jail. Additionally, it carries a maximum five-year probationary sentence. If any of these acts (or failures to act) involved lewd or lascivious conduct, then the consequences increased. Now, the accused now must register as a sex offender, pursuant to California Penal Code 290.

In order to avoid these penalties, it is imperative that the accused contacts a criminal attorney. In fact, ensure the attorney knows what defenses typically apply to this type of offense. The lawyer must also know how to effectively convey them to a judge and jury.

The skilled defense attorneys at The Kavinoky Law Firm specialize in crimes against children and in California sex crime defense. They are well-equipped to tackle any issue that comes their way.

Additional Charges

Contributing to the delinquency of a minor is applicable to someone who does know the child.

As a matter of fact, a “stranger” over 21 years of age who knowingly contacts/communicates with a minor under age 14 this the person is now open to prosecution. It does not really matter in the eyes of the law whether the person reasonably knows the child’s age. If this contact begins for the purpose of:

  1. Persuading and luring, and/or
  2. Transporting; or
  3. Attempting to persuade, lure, and/or or transport that minor away from the minor’s home, or from any location known by the minor’ s parent, legal guardian, or custodian, without the consent of such an authority and with the intent to avoid that authority’s consent.

A “stranger” is a person of casual acquaintance with whom no substantial relationship exists. Conversely, this person can also be one with whom a relationship exists for the primary purpose of victimization.

Additional Penalties

Depending on the severity of the offense and on the defendant’s prior criminal history, the accused faces either an infraction (punishable by a fine) or a misdemeanor, punishable by up to six months in jail and a maximum $1,000 fine. If there was an emergency situation (which means that there was a situation where the minor was threatened with imminent bodily harm, emotional harm, or psychological harm) that led to this offense, that will serve as a defense and the accused cannot be convicted of this charge.

An individual who contacts minors as a part of his or her legitimate job or as a volunteer of a recognized civic or charitable organization is also exempt from conviction, so long as the contact was otherwise lawful.

An individual who either owns, leases or otherwise operates a place where a prizefight or cockfight is advertised or represented to take place who admits a minor onto the premises or who sells or gives an admission ticket to a minor will be charged with a misdemeanor, punishable by up to $100 or by a maximum 25-day jail sentence. This type of offense will be prosecuted under the theory of contributing to the delinquency of a minor.

Hire an Attorney

The outstanding criminal defense lawyers at The Kavinoky Law Firm know the law in great detail. Especially pertinent to this type of crime and crimes against children. They keep up-to-date on the latest laws and cutting-edge trial strategies that are relevant to these types of crimes. In turn, this gives their clients a tremendous advantage.

The Kavinoky Law firm hires the best criminal defense attorneys in California. Our excellent and experienced attorneys work hard to fight for their clients’ rights. If you find yourself on the wrong side of the law, call 1.800.No.Cuffs for a free consultation. 

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Consent and Character Evidence

Posted by Brianna Wilkins on

Consent and character evidence can be huge issues with respect to California sex offenses.

Consent and Character Evidence

There are many offenses where consent becomes the critical issue in the case. Consequently, it is up to a savvy criminal defense attorney to show that the alleged victim did indeed consent. In order to successfully defend his or her client, the attorney works to prove this was an agreed-upon act.

California law, however, makes it difficult for anyone to prove consent. Additionally, it also makes it challenging to initiate evidence regarding the alleged victim’s character. As such, there are only a few ways that these issues can be legally argued and admitted into evidence. This is just one of the reasons why it is so important for the defendant to hire a criminal defense lawyer. Not just any lawyer, hire one who specializes in California sex crime defense. Truly, no other type of attorney will be as qualified to defend against these highly controversial cases.

Consent

California sex crimes such as rape, spousal rape, oral copulation, sodomy and penetration with a foreign object often focus on the issue of consent.

“Consent” with respect to this area of the law refers to positive cooperation in act or attitude pursuant to an exercise of free will. So, it basically means that a person must freely and voluntarily act with knowledge of the nature of the act. The issue is not only critical to the alleged offense, but it necessarily calls into question the nature of any relationship. The relationship, either past or present, between the accused and the alleged victim is important here. Additionally, the alleged victim’s sexual history also comes into question.

Since the alleged victim is not the individual charged with an offense, the law generally regards his or her past sexual conduct as irrelevant. It only allows it to be called into question under a few different limited circumstances.

To be clear, evidence of sexual conduct between the accused and the alleged victim is admissible to establish consent, but it is not sufficient to do so alone.

Consent Claims that are Admissible and Not Admissible

In one instance, the accused may rebut evidence of sexual history. This happens if the prosecution or the alleged victim raises the issue of the alleged victim’s sexual conduct or history. Evidence of prostitution is generally inadmissible as to the issue of consent. However, it may be relevant and admissible with respect to the alleged victim’s credibility. Another instance, along these same lines, is whether the alleged victim has previous false accusations of rape or other sexual offenses. In turn, those facts are generally admissible evidence to attack his or her credibility or character.

Certain instances of rape, spousal rape, oral copulation, sodomy, and penetration with a foreign object arise when a victim is unable to consent. The state must rule on this inability, of course, but it is important to note that the inability to consent can contribute to assault.

This inability to consent is likely due to a mental or physical condition. Additionally, the defendant either knew that fact or reasonably should have known that fact. When these facts exist, it is up to the prosecutor to prove that the victim suffered from such a condition. It is also up to the attorney to prove that such condition rendered him or her incapable of giving legal consent.

Clearly, the issues surrounding consent and character evidence are brief and technical. This is exactly why hiring a great sex crime defense attorney is the key to the best defense.

Hire the Best Defense

The outstanding criminal defense attorneys at The Kavinoky Law Firm know all the complexities related to California sex crime defense. They are also able to effectively tackle any evidentiary and/or defense issue that arises or applies. They keep up-to-date on the latest legal rulings and receive ongoing training and education with respect to this area of the law. Consequently, this provides their clients with unparalleled representation.

They have law offices conveniently located throughout Los Angeles and California. This enables them to provide their exceptional services to those in need. For the most trusted legal advice and unsurpassed representation, contact them today for a free consultation.

Statutory Rape Laws and Penalties in California

Posted by Brianna Wilkins on

Statutory rape, by definition in California, is for the governance and protection of minors.

This charge encompasses unlawful sexual intercourse with a minor. In California, a minor is anyone under the age of 18. An individual under the age of 18 years isn’t legally capable of giving consent. Of course, this law is regardless of how physically, emotionally, or mentally mature he or she is or appears.

Additionally, the courts may convict anyone of any age this crime. Therefore, adults are not the only ones capable of arrest for statutory rape. It’s true, depending on the circumstances, even two minors involved in a relationship may find themselves under arrest.

The Difference Between Rape and Statutory Rape

Knowing the above, it is clear the main differences between rape and statutory rape is age. Even if no force, threat, or duress occurs. In fact, this act is still a sex crime solely because of the age of the alleged victim.

Since statutory rape offenders face a haunting social stigma and serious penalties, it is imperative that the accused hires a qualified criminal defense lawyer as quickly as possible so that the attorney has an opportunity to develop the most effective defense possible. The skilled criminal attorneys at The Kavinoky Law Firm have mastered this difficult field of law and know what it takes to successfully defend their clients.

Penalties for Statutory Rape Convictions

The penalties that are imposed in connection with a statutory rape conviction will vary, depending mostly on the age of the accused and on the age of the alleged victim.

There are three major categories of penalty in which this conviction falls:

  • First: A Misdemeanor Charge. When the accused is no more than three years older or younger than the alleged victim.
  • Second: Misdemeanor or Felony Charge. If the accused is more than three years older than the alleged victim. This misdemeanor conviction carries up to 1 year in county jail or state prison.
  • Third: Misdemeanor or Felony Charge. If the accused is 21 years old and has sexual intercourse with a minor younger than 16.  This misdemeanor conviction carries a penalty of up to 1 year in county jail. If it is a felony conviction, it carries 2 to 4 years in state prison.

An adult facing a statutory rape charge will likely also face further civil penalties. This person may be civilly liable for up to $2,000. Additionally, the punishments increase based upon age difference. For example,

  • If the minor is at least two years younger than the adult, the accused looks at up up to $5,000 in fines.
  • Furthermore, if the minor is at least three years younger, the accused may face up to $10,000.
  • Finally, if the accused is an adult over the age of 21, they face the most severe penalties. If this adult engages in an act of unlawful sexual intercourse with a minor under 16, they’re facing a $25,000 penalty.

The Importance of Criminal Intent

The primary defense in a statutory rape case will be a lack of criminal intent, where the accused reasonably believed that the alleged victim was over the consenting age. Statutory rape was once a strict-liability crime. This meant a defendant faced conviction of this crime even if they were genuinely ignorant. If a person did not know a factor which makes the act or omission criminal, it did not matter.

However, California now recognizes ignorance as a defense where the accused participated in a mutual, sexual act. This is true only if the defendant believed their partner was of legal age. Of course, the attorney must prove the accused has reasonable grounds for such belief. However, committing lewd or lascivious acts with a child under the age of 14 is still a strict-liability offense. (California Penal Code 288)

The experienced lawyers at The Kavinoky Law Firm dedicate themselves to help their clients defend against this devastating charge. Their excellent legal advice and outstanding representation are available to those in need of a California sex crime defense attorney, and they have law offices in Los Angeles and throughout the state. Contact the firm today for a confidential, free case evaluation.

About Darren Kavinoky and The Kavinoky Law Firm

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider. He is also a popular guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.