Defending Your Rights In and Out of Court
A sex crime accusation or charge has an immediate and serious impact on your life. Your personal and professional reputation may be forever tarnished if you are convicted. If you have been accused of or charged with an offense involving illegal sexual misconduct, it is imperative you immediately seek legal representation from a skilled and aggressive Orange County sex crime lawyer. Our attorneys at the Law Office of Scott Henry have decades of experience defending clients against these charges and have achieved unprecedented success.
An experienced criminal defense attorney with extensive knowledge of how these crimes are investigated and prosecuted locally can directly affect your case’s outcome. Scott D. Henry and his team have earned a reputation for providing their clients with effective and proactive defenses with a proven track record of success. There is so much at stake when facing allegations of sexual wrongdoing. You must have a team that can fight tirelessly to protect your rights and your future. For a free confidential consultation, call (714) 294-0599 today.
What is Considered a Sex Crime in Orange County?
“Sex crimes” is a broad term for misdemeanors or felonies that are sexual in nature. They vary significantly in severity and range from a relatively minor charge of indecent exposure to an extremely serious charge of rape. Sex crimes are taken seriously by law enforcement, prosecutors, and judges, and their convictions carry harsh penalties.
Misdemeanor Sex Crimes
The circumstances and nature of the alleged crime determine if it will be charged as a misdemeanor or felony. When most people hear the term “sex crime,” they think of the more serious crimes of rape or child molestation. However, many of these offenses are typically charged as misdemeanors. Some common misdemeanor sex crimes include:
- Indecent exposure
- Lewd acts in public
- Solicitation
- Prostitution
- Soliciting a minor
Misdemeanor sex offense convictions are typically punished by up to one year in jail and fines of up to $3,000.
Felony Sex Crimes
When a sex crime is more severe, it is charged as a felony. Common felony offenses include:
- Date rape
- Sexual abuse
- Sexual abuse of a minor
- Forcible rape
- Forcible sodomy
What Are the Penalties for Sex Crimes?
The penalties for felony sex crimes vary substantially and depend on the nature and severity of the crime. For a severe offense, a maximum sentence of 20 years in prison and substantial fines are possible. A skilled attorney in the area could examine the circumstances of the alleged sex crime offense and determine how to best fight to prevent a felony conviction and its significant penalties. Other possible penalties for an illegal sexual offense may include:
- Jail
- Prison
- Parole
- Probation
- Lifetime registration as a sex offender
- Permanent conviction on your record
- Fines
- Restitution
- Counseling
What is the Sex Offender Registry?
Many sex crimes require a convicted person to register as a sex offender. There are three tiers of sex offenders you may register as depending on the nature of your crime.
The sex offender tiers are as follows:
- Tier One: Registration for a minimum of ten years for misdemeanor indecent exposure, sexual battery, or other low-level sex crimes.
- Tier Two: Registration for a minimum of 20 years for lewd acts with a minor under 14, incest, or other mid-level sex crime charges.
- Tier Three: Registration for life after child pornography, rape, pandering of a minor, or other serious sex crimes.
Being a registered sex offender means you will be entered into a national database that discloses your personal information and your conviction to the general public. For the period of time you are registered, you will also have to comply with rules associated with the sex offender registry.
The rules include:
- Notifying the state of California if you move
- Notifying your college institution that you have been convicted of a sex crime and registering with campus police officers
- Maintaining a certain distance from parks, schools, or other places where children may be found
- Wearing a GPS monitoring device (for certain high-risk offenders)
Failing to register as a sex offender when required is a crime, and individuals can face additional charges and penalties if they do not register on time. The best way to avoid a sex offender registration requirement is by hiring an Orange County sex crimes attorney to defend your case.
Common Sex Crime Defenses
Although every sexual crime case is different, there are several solid defenses your Orange County lawyer could pursue. Some of these include:
False Accusations
Accusations of sex crimes are very serious. Unfortunately, that does not stop innocent people from being accused of a crime they didn’t commit. People sometimes use sex crime accusations to punish another person or tarnish their reputation. If you are a victim of false accusations, our Orange County legal defense team can help you gather evidence to prove your innocence.
Consensual Act
Maybe the sexual act did happen, but everyone involved consented. If you obtained consent from the alleged victim, you cannot be charged with a sex crime. Our team will work with you to gather evidence of this consent using witness testimonies, text messages, and other evidence.
Mistaken Identity
Perhaps the alleged victim did experience a sex crime, but they mistakenly blamed you instead of the actual perpetrator. If the victim was intoxicated or under the influence, they may be accusing the wrong person of sexual assault or other sex crimes. Our team will work with you to establish your alibi and prove that you are not the one to blame.
Malicious Intent
Sex crime accusations can sometimes be used maliciously, especially in divorce and child custody cases. If you and your partner are going through a separation or divorce, it’s possible that your partner is using sex crime allegations to dissuade a judge from giving you full or partial custody.
Insufficient Evidence
Many sex crimes involve “he-said, she-said” situations. If there is no evidence linking you to the actual crime, our team can argue that the prosecution does not have a case against you that will hold up in court. Prosecutors must prove guilt beyond a reasonable doubt; if they cannot, it is unlikely that your charges will be brought before a judge.
An experienced lawyer could determine the best strategy to pursue in defense of the charges against you. Our highly respected defense attorneys have decades of experience helping those facing allegations of sexual battery and misconduct. Closely examining the evidence in the case could help build the most effective defense strategy.
What Does a Sex Crimes Defense Lawyer Do?
Facing sex crime allegations can be frightening and overwhelming. Working with an experienced criminal defense attorney greatly increases your chances of reducing or even removing the penalties you are facing.
As your defense attorneys, our team will take the following steps:
Negotiate with Local Law Enforcement
Police officers tend to take sex crime allegations very seriously. In some instances, they arrest an individual without sufficient evidence. If you have been arrested or detained, our team can talk to local law enforcement and present your side of the story. Officers may drop a case if there was a misunderstanding or they were relying on faulty evidence.
Investigate the Case Against You
Having an understanding of the case against you is essential when creating a defense strategy. Our team will investigate the alleged victim, the crime scene, and the witnesses involved. If there are any credibility issues or faulty pieces of evidence, we will uncover them and use them to your advantage.
Negotiate with Prosecutors
Because sex crime cases often involve little to no evidence, many prosecutors can be swayed into dismissing a case or offering a plea deal. Our team will meet with the prosecution to determine if a plea deal is in your best interest. If it is, we will advise you on how to proceed.
Attend Pretrial Hearings
Pretrial hearings allow our team to file motions in your favor, such as motions to suppress evidence. Pretrial hearings also allow us another chance to negotiate with prosecutors to convince them that the case against you is not strong enough to go to trial.
Fight Your Case at Trial
Most sex crimes cases do not go to trial. If yours does, our team will spend time collecting evidence to present on your behalf. We will then use our experience and our background in criminal defense to represent you in court before a judge and jury.
Mitigate Sentencing
If you are convicted of a sex crime, our team can present mitigating factors during your sentencing. Mitigating factors allow a judge to impose a more lenient sentence. Mitigating factors can include mistakenly believing that your conduct was legal, having no prior criminal record, making restitution to the alleged victim, acknowledging your wrongdoing, or having a satisfactory performance on probation or parole.
Can an Alleged Victim Drop the Charges?
Sex crime allegations are serious. However, there are some instances where victims change their minds and don’t want to pursue criminal charges anymore. This could be for a variety of reasons, including lack of evidence, fear of publicity, or not wanting to continue with false accusations.
However, just because a victim does not wish to pursue criminal charges does not mean that the case is automatically dropped. Sex crime charges are brought to court by the government, not by the victims themselves. The prosecution has discretion over whether a case goes to trial or not. Only prosecutors can decide whether charges will be filed or if they can be dismissed.
If a victim wishes to drop the charges, it may influence the prosecution’s decision. However, if prosecutors believe they have enough evidence to convict an individual without a victim’s cooperation, they could file criminal charges anyway. Evidence can include physical injuries, police reports, witness testimonies, and a 911 call transcript.
Victims also have the right to refuse to testify in sex crime cases. The District Attorney can choose to prosecute a defendant even if the victim will not testify. The strength of the evidence in the case will dictate whether the DA decides to move forward or not. However, the DA will often drop the case if it relies solely on the victim’s testimony.
Can You Remove Your Name from the Sex Offender Registry?
If you have been ordered to register as a sex offender, removing your name from the registry before your court-ordered time has elapsed is technically possible, although it may be difficult to do on your own. As of July 1, 2021, any individuals in Tier One and Tier Two of the sex offender registry list can petition the court to remove themselves from the registry if they have met the minimum number of court-ordered years.
If you’d like to remove your name from the registry before your time is up, you will have a much better chance by working with our team of defense attorneys. You may be able to appeal for a dismissal of your case after you have successfully completed your prison sentence or probation term. You may also be able to obtain a California certificate of rehabilitation. This certificate will not take your conviction off the record, but it could allow you to remove yourself from the sex offender registry.
If you are a Tier Three offender, you are required to stay on the sex offender registry for life. There are rare exceptions, like receiving a governor’s pardon, but they do not happen often. If you would like to avoid adding your name to a sex offender registry list, contact our law offices for a free consultation.
Contact an Orange County Sex Crime Attorney Today
Individuals accused of committing a sexual offense must cope with the stigma that inevitably comes with just a mere allegation. The effects of a conviction are substantially worse, so any accusations must be taken seriously. If you have been accused of a crime that is sexual in nature, you should contact an experienced Orange County sex crime lawyer immediately.
An alleged sex crime is an especially sensitive matter that needs a thorough investigation by a team of skilled professionals. Our team at the Law Office of Scott Henry utilizes highly regarded investigators who have years of experience investigating these alleged sexual offenses.
We understand the seriousness of the situation you face and could listen to your side of the story without any judgment. We could fight to ensure your voice is heard and your rights are protected. Contact us for a free consultation at (714) 294-0599. Our top-rated attorneys could discuss your case’s specifics, advise you of your rights, and determine the most effective strategy for moving forward.