Folsom Sex Crime Attorneys

Aggressively Defending Against Sex Offenses in California

Facing criminal charges can be daunting, especially if you’re accused of a sex offense. Sex crimes are taken very seriously in California, and a conviction can result in grave consequences that affect the rest of your life. No matter the nature or severity of the charges against you, consulting with a skilled sex crime attorney is paramount to avoiding life-altering penalties in criminal court. 

When your life and liberty are on the line, you need a robust defense to protect your rights and hard-earned reputation. Fortunately, our sex crime attorneys at Walsh Law vigorously defend against a wide range of sex offenses in Folsom. From challenging evidence to negotiating possible plea deals, we can work diligently to restore your freedom by fighting tirelessly to reduce or dismiss the charges against you. Our approach includes a detailed investigation and a deep understanding of the modus operandi of law enforcement and prosecution, providing you with an informed defense strategy. 

When your future is at stake, don’t settle for less than experienced representation. Call (916) 610-3558 to schedule a free consultation with our Folsom attorneys.

Types of Sex Crimes We Defend Against

A sex crime conviction can lead to life-changing consequences, even for first-time offenders. If you were charged with a sex crime, securing skilled representation is imperative to protect your life and liberties. At Walsh Law, our attorneys have an in-depth understanding of criminal law to relentlessly defend your freedom. 

We provide diligent advocacy to Californians accused of a wide range of sex crimes, including:

Sexual Assault & Battery

Sexual assault and battery involves non-consensual touching of another person’s intimate body parts for sexual arousal or gratification. This is a wobbler offense, meaning it can be charged as either a felony or a misdemeanor depending on the unique circumstances (California Penal Code § 243.4).

Rape

Rape is codified in Penal Code §261. This offense involves having non-consensual sexual intercourse with another person. Keep in mind that various behaviors may constitute rape, all of which involve a lack of consent or force to achieve sexual intercourse with another person. 

Statutory Rape

Statutory rape (Penal Code §261.5) involves having sex with a minor who was not your spouse. It’s crucial to understand that you can face statutory rape charges even if the sex was consensual, as minors under 18 cannot legally consent to sex under state law. 

Child Pornography

Child pornography is illegal under Penal Code §311.11. This offense involves any material that depicts a person under the age of 18 participating in any sort of sexual conduct, including images and footage of masturbation, sexual intercourse, or exhibition of genitals in a way intended to sexually stimulate the viewer.

Child Molestation

Child molestation is defined in §288, §287, §288.2, §288.3, §288.4, §288.5, §288.7, §647.6, and §261.5 of the California Penal Code. This crime is defined as engaging in or attempting to engage in sexual acts with a minor under the age of 18. This is a wobbler offense that can result in felony or misdemeanor charges depending on the alleged victim’s age and other factors.

Indecent Exposure

Under Penal Code §314, indecent exposure is committed when a person willfully exposes their genitals or naked body in a public place where other people may be offended or annoyed. While first-time offenders may face misdemeanor charges, defendants with prior convictions can face a felony conviction, making it crucial to secure a reliable defense as soon as possible. 

Stalking

Stalking is a wobbler offense and common accompanying crime for sex offenses. Under Penal Code §646.9, this crime is defined as following, harassing, or threatening a person to the point where they reasonably fear for their safety. 

Prostitution

Engaging in the act of prostitution  is defined as having sexual intercourse or performing a lewd act with a person in exchange for money or other compensation. This crime is typically a misdemeanor offense under Penal Code §647(b). 

Understanding Your Rights in Sex Crimes Cases

Facing allegations of a sex crime can be an overwhelming experience, but it's crucial to understand that you have rights. At Walsh Law, we are committed to protecting your rights and ensuring that you receive a fair trial. Knowledge is power, and understanding your legal options can make a significant difference in the outcome of your case.

Here are some key rights you should be aware of:

• The Right to Remain Silent: You are not obligated to speak to law enforcement without legal representation. Exercising this right can prevent self-incrimination.
• The Right to Legal Representation: You have the right to hire an attorney to represent you during questioning and throughout your trial. Our experienced legal team is here to guide you through every step.
• The Right to a Fair Trial: You are entitled to a presumption of innocence until proven guilty. Our firm will work diligently to ensure that your case is presented fairly and justly.
• The Right to Challenge Evidence: You can contest any evidence presented against you, including witness statements and forensic evidence. Our attorneys will meticulously analyze the prosecution’s case to identify weaknesses.
• The Right to Appeal: If you are convicted, you have the right to appeal the decision. Our team will help you understand the process and explore all possible avenues for your case.

Understanding your rights is the first step in building a strong defense. At Walsh Law, we are dedicated to providing you with the knowledge and support you need to navigate this challenging time. We also emphasize the importance of staying informed about evolving laws, as legislation related to sex crimes can often change rapidly, influencing different aspects of your defense process.

Defenses Against Sex Crime Charges in California

Defending against sex crime allegations requires a deep understanding of the law and a strategic approach tailored to the specifics of the case. In California, there are numerous potential defenses that can be employed depending on the nature of the charges. Here are some of the most common defenses:

• Consent: Consent involves proving that the alleged victim clearly agreed to the act, supported by evidence such as messages, videos, or testimony. Alternatively, a defense may argue a reasonable belief of consent, claiming the defendant genuinely believed consent was given, even if that belief is later shown to be mistaken.
• Non-Sexual Act: One possible defense is to argue that the act in question was not sexual in nature or that no sexual contact occurred. Another defense is to demonstrate that any physical contact was accidental, such as an unintentional bump, and therefore not criminal.
• Mistaken Identity: Arguing that the alleged victim misidentified the defendant as the perpetrator, potentially supported by evidence like alibis or the presence of another individual who resembles the accused.
• Insanity or Mental Incapacity: Legal insanity refers to a defense where the defendant claims they were legally insane at the time of the offense, meaning they were unable to distinguish right from wrong or control their actions. Similarly, mental incapacity is a defense that argues the defendant's mental state was significantly impaired, preventing them from forming the intent required to commit the crime.
• Insufficient Evidence: Challenges to the prosecution’s case can include pointing out inconsistencies in witness testimony, a lack of corroborating evidence, or situations where the case depends solely on conflicting accounts. Additionally, it may involve arguing that law enforcement violated the defendant’s constitutional rights during the investigation, which could result in the exclusion of improperly obtained evidence.

Navigating these defenses requires skilled legal expertise to evaluate the strengths and weaknesses of the case. At Walsh Law, our attorneys take a personalized approach, examining every detail to build a strong defense tailored to your circumstances. We are committed to protecting your rights and helping you achieve the best possible outcome.

Contact our Folsom sex crime defense attorney by calling (916) 610-3558 today for a confidential consultation and let us help you protect your future.