Charges involving acts of sexual misconduct carry severe consequences that go far beyond the possibility of a jail or prison sentence. Permanent damage to your personal and professional reputation, steep fines, and court-ordered sex offender registration can forever change a person’s life. If you are facing allegations of sexual wrongdoing, it is essential to be aggressively represented by a skilled Ontario sex crime lawyer.
Our team of experienced criminal defense attorneys at the Law Offices of Scott Henry has what it takes to protect your rights and mitigate the harsh consequences that accompany sex crime accusations. If we represent you early on in the process, we may prevent charges from ever being filed.
What Qualifies as a Sexual Assault?
Sexual assault is defined under California Penal Code 243.4 PC as touching the victim against their will for the purpose of sexual arousal, gratification, or abuse. A misdemeanor sexual assault conviction carries significant consequences, including:
- Up to six months in jail
- Fines of up to $2,000
- Probation
- Community service
- Mandatory counseling
If there is an aggravating factor, such as restraining the victim or assaulting a disabled individual, felony charges are likely to be filed. Convictions for felony sexual assault carry harsher penalties that include up to four years in prison and fines of up to $10,000. A lawyer in Ontario could help someone accused of this type of sex crime.
Failing to Register as a Sex Offender
If an individual does not comply with their court-ordered requirement to register as a sex offender, they can face serious criminal charges. California Megan’s Law mandates sex offenders to register every time they move to a new address and every five years within five days of their birthday. Under California Penal Code 290 PC, you can be charged with failing to register as a sex offender if you:
- Reside in California
- Have been convicted of a sex crime under 290 PC
- Knew of your requirement to register as a sex offender
- Willfully failed to register
A misdemeanor failure to register conviction carries a sentence of up to one year in jail, probation, and a fine of up to $1,000. Felony convictions carry harsher penalties that include up to three years in state prison, formal probation, and fines up to $10,000. An Ontario attorney could explain the full effects of failing to register as a sex offender following a sexual offense conviction.
What is Considered Lewd Acts with a Minor?
Sex crimes involving minors are arguably the most aggressively prosecuted offenses. A lewd or lascivious act, commonly referred to as lewd acts with a minor, is covered under California Penal Code 288a PC. These are acts that sexually arouse, appeal to, or gratifies the perpetrator or child. This covers a wide variety of behaviors, such as molestation, masturbation, and sexual touching. If the act involves a child under the age of 14, a conviction carries a prison sentence of up to eight years. If the act involves a minor who is 14 or older, a conviction carries up to three years in prison. Aggravating factors, such as committing the act by using force or violence, will increase the sentence to up to 10 years in prison. Additionally, those convicted on lewd acts with a minor charges will be court-ordered to register as a sex offender.
What are the Legal Defenses to Sex Crimes?
Being charged with a sex crime can be a devastating experience. Your future hangs in the balance, and the possibilities are frightening. Fortunately, our seasoned defense attorneys in Ontario have several legal strategies they can pursue in a sex crime case. Depending on the circumstances of your case, we could create a defense using strong arguments, such as:
- Mistaken identity
- False accusation
- Insufficient evidence
- Untrustworthy evidence
- Victim consent
Contact an Ontario Sex Crime Attorney
If you have been accused of sexual misconduct, you need legal representation you can rely on. Our seasoned Ontario sex crimes lawyers have what it takes to expertly defend you against these allegations. Early intervention by our qualified attorneys could help you get a positive resolution.
Contact the Law Offices of Scott Henry today for a free, confidential case analysis. We offer you our extensive experience, a wealth of knowledge, and vast resources to protect your freedoms and preserve your future.