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San Diego Sex Crimes Defense Lawyer

Sex crimes are taken very seriously by prosecutors and courts in California. If you are facing misdemeanor or felony charges for sex-related crimes in California state court, you need an aggressive sex crimes defense attorney who will fight for your rights and prove your innocence. Mary Frances Prévost represents people charged with all forms of sex crimes in San Diego and the surrounding areas. To discuss your case with an experienced San Diego sex crimes defense lawyer, call (888) 909-7893 today.

Sex Crimes in California

There are several different sex crimes under California law. Sex crimes in California include:

  • Rape;
  • Statutory rape;
  • Sexual battery;
  • Indecent exposure;
  • Prostitution;
  • Solicitation;
  • Lewd conduct in public; and
  • Lewd acts with a child.

This page will discuss the most common sex crimes in California, what penalties are associated with them, and possible defense strategies. The Law Offices of Mary Frances Prévost represents defendants in San Diego and the surrounding areas who have been charged with all of the offenses listed above.

Rape under California Law

California Penal Code § 261 defines rape as nonconsensual sexual intercourse accomplished by means of threats, force, or fraud. Examples of rape include, but are not limited to:

  • A member of a college fraternity having sexual intercourse with a woman who is passed out drunk at a party;
  • A doctor convincing a female patient to have sex with him by telling her that it is the only cure for a particular illness; and
  • A police officer telling a woman he pulled over for a traffic violation that he will let her go if she has sex with him.

There are other forms of rape under California law, including:

Penalties for Rape in California

Rape is one of the most serious criminal offenses in California. If you are convicted of rape under California Penal Code § 261, you could be subjected to any or all of the following penalties:

  • Formal probation with up to one year in county jail (typically only imposed if the rape didn’t involve force or violence); or
  • Up to three, six, or eight years in California state prison.

In addition, a conviction for rape might entail:

  • A possible additional three to five years in California state prison if the victim suffered a great bodily injury;
  • A maximum fine of $10,000,
  • A possible “strike” on your record pursuant to California’s three-strikes law; and/or
  • Mandatory registration as a sex offender.

If the victim is a minor, the maximum prison sentence for convictions under California Penal Code § 261 increase significantly. If you are convicted of rape of a minor under 18, you could be sentenced to seven, nine, or 11 years in California state prison. If the victim is a minor under the age of 14, the possible prison term is nine, 11, or 13 years.

Defenses to Rape under California Law

There are many defenses to rape under California law. The information in this section is not a substitute for legal advice. Only an experienced sex crimes defense lawyer can tell you which defenses are available in your case. Defenses to rape in California include, but are not limited to:

  • Fourth Amendment violations render evidence inadmissible;
  • Fifth Amendment evidence render evidence inadmissible;
  • The accuser made up false accusations against you;
  • DNA evidence is shown by experts to be unreliable;
  • You were mistakenly identified by the alleged victim; and/or
  • The complained-of physical contact fell short of actual sexual intercourse.

San Diego Sex Crimes Defense Attorney

A conviction for a sex crime will change your life forever. Mary Frances Prévost is dedicated to providing zealous representation to her clients in San Diego and the surrounding areas. She offers years of courtroom experience and individualized attention to your case. For a free and confidential consultation, call the Law Offices of Mary Frances Prévost at (888) 909-7893 today.

 

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