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Penalties for Sex Crimes in California

The criminal penalties you may face for sex crimes in California vary widely. It depends on the specific charge, the alleged victim’s age, the offender’s criminal record, and other factors.

Some penalties for specific sex crimes include:

  • Misdemeanor Sexual Assault and Battery: up to six months in jail and a fine of up to $2,000
  • Felony Sexual Assault and Battery: up to four years in state prison and fines of up to $10,000
  • Rape: up to eight years in prison (unless the victim is under 18, and then up to 13 years in prison)
  • Child Pornography: up to three years in prison and a fine of up to $10,000
  • Misdemeanor Child Molestation: up to one year in county jail
  • Felony Child Molestation: up to life in prison (depending on the statute used to convict)
  • Misdemeanor Indecent Exposure: up to six months in jail and a fine of up to $1,000
  • Felony Indecent Exposure: up to three years in prison and a fine of up to $10,000
  • Misdemeanor Stalking: up to one year in county jail or misdemeanor (summary) probation
  • Felony Stalking: up to five years in state prison or felony (formal) probation
  • Prostitution and Solicitation: up to six months in jail and a fine of up to $1,000

The penalties for sex crimes go beyond incarceration and fines. You may also face additional consequences such as sex offender registration, a tarnished reputation, and immigration issues, to name a few.

Sex Offender Registration in California

In California, sex offender registration is a legal requirement for individuals convicted of specific sex crimes. There is a three-tiered sex offender registration system. The tier to which an offender is assigned is based on the severity of the offense and the offender’s criminal history.

  • Tier 1: Requires registration for 10 years, or 5 years for minors.
  • Tier 2: Requires registration for 20 years, or 10 years for minors.
  • Tier 3: Requires lifetime registration.

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Why Hire a Folsom Sex Crime Lawyer?

Sex crimes are some of the most serious you can face. However, the penalties can be confusing. It’s important to get legal advice from a trusted Folsom sex crime attorney who can explain your charges and potential consequences.

Former prosecutor Chris Walsh now dedicates his legal practice to protecting the rights of people like you. He understands California sex crime laws and will use that knowledge to analyze the evidence against you and create a strong defense in your case.

Walsh Law will be honest about what you’re facing. Sex crimes are not small offenses. They can result in serious consequences that will change your life. However, our Folsom sex crimes lawyers will fight to clear your name and get you the best outcome possible.

Defending Against Sex Crime Charges

Every case is unique and needs a defense strategy catered to the specific facts of your situation. The sex crimes lawyers of Walsh Law will creatively develop an aggressive defense to attack the charges against you.

We may argue one or a combination of:

  • Consent: This is often a difficult defense to prove, as it requires you to show that the alleged victim was not only willing to participate in the sexual activity, but also had the mental capacity to consent.
  • Alibi: You may argue that you were not at the scene of the crime at the time it was alleged to have occurred. This defense can be supported by evidence such as witness testimony, phone records, or video surveillance footage.
  • False Identification: You may argue that the alleged victim mistakenly identified you as the perpetrator. This defense can be supported by evidence such as eyewitness testimony, DNA evidence, or inconsistencies in the alleged victim’s account of the crime.
  • Lack of Capacity: You may argue that you did not have the mental capacity to commit the crime. This defense can be based on evidence of mental illness, intoxication, or sleep deprivation.
  • Mistake of Fact: You may argue that you believed that the alleged victim was consenting to sexual activity. This defense can be based on evidence of your state of mind at the time of the crime, such as your previous interactions with the alleged victim or your belief about the alleged victim’s age.

What is the difference between sexual assault and rape?

Sexual assault and rape are often used interchangeably, but they are different crimes under California sex crime laws. Sexual assault involves non-consensual touching of another person’s intimate body parts for sexual arousal or gratification. Rape is non-consensual intercourse with another person. It is possible to be charged with both offenses at once.

Can a sex crime victim sue an offender for financial compensation?

Yes, a sex crime victim can sue an offender in civil court for financial compensation through a personal injury lawsuit. They may get money for their damages, including medical bills, lost wages, pain and suffering, and other losses. It is easier to win a civil case than a criminal case, so a sex crime victim may get money even if the offender was not convicted in criminal court.

Will I be deported for a sex crime?

If you are not a U.S. citizen, then you may be deported for a sex crime conviction. Most sex crimes are considered crimes involving moral turpitude. Once your prison sentence ends, you may be deported. Additionally, some foreign nationals with certain sex crime convictions are not allowed to enter the United States.

Call Walsh Law About Sex Crime Charges in Folsom

Sex crimes are taken seriously by California prosecutors. The state will spend significant time and money on these cases. It’s important to find a sex crime attorney who will work hard for you. Folsom sex crime lawyer Chris Walsh understands what you are facing. He dedicates his practice to defending people like you.

Call Walsh Law as soon as possible to get the best outcome possible. Contact our sex crime attorneys at 916-237-8270 to schedule an initial consultation.

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