Riverside sex crimes lawyer

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Riverside sex crimes lawyer

The term “sex crimes” defines any criminal offense of a sexual nature, some of which carry very serious penalties upon conviction. If you or a member of your family has been charged with any type of sex crime, it is vital to know the value of hiring a Riverside sex crimes lawyer to represent you. The right attorney can make a tremendous difference in the outcome of your case, potentially helping you avoid conviction or, at the very least, helping you mitigate your penalties.

Experienced Criminal Defense Counsel in Riverside, CA

The Lin Law Office Inc. can provide the robust criminal defense counsel you need when you have been charged with any sex crime in Riverside. If you have been wrongfully accused of a crime, proving your innocence is likely to be far more challenging than you may expect due to the fact that the law inherently sides with the accuser in these cases. If you did commit a crime, you need defense counsel to help you avoid the worst possible penalties.

Our firm has extensive experience providing client-focused defense counsel in a wide range of cases. We take time to learn as much as possible about every client we represent, learning all the various details that are crucial to their case. Our goal in every criminal case we handle is to help our client secure acquittal or case dismissal if possible or to assist them in mitigating their penalties if necessary.

Know Your Rights in a Criminal Case

Every American citizen has constitutional rights that come into play upon arrest for any crime. First is the Fifth Amendment right to remain silent. When you are placed under arrest, the arresting officer will read your Miranda rights, reminding you that you have the right to remain silent and that anything you say can be used against you in a court of law. It is vital to take this seriously and remain silent until you are able to speak with a defense attorney.

You are not obligated to sign a confession or answer any questions from the police, regardless of what they may claim to the contrary. Comply with arresting officers’ directions so you do not make your situation worse, and then contact a Riverside sex crimes lawyer as soon as you are allowed to make your phone calls. The Sixth Amendment of the Constitution ensures you have the right to legal representation when you are charged with any criminal offense.

What is a Sex Crime?

Sex crime allegations can damage even the most pristine reputation – if not handled carefully, these accusations can lead to serious lifetime consequences. There are many kinds of sex crimes and each have penalties that will affect you long after you’ve served your sentence. For certain sex crime charges you will not just be facing prison time, but you can end up on the sex offender registry for life.
Generally, a sex crime is any charge that requires a sex offender registration after conviction. With such a wide scope, here are the general sex crimes:

  • Indecent exposure ¹
  • This offense is defined as exposing oneself in view of the public. Whether done intentionally or unintentionally, this offense can potentially lead to severe consequences, including mandatory sex offender registration.

  • Lewd conduct ²
  • This is a somewhat broad term that generally applies to overt sexual conduct done in view of others. Exposure of the naked body does not need to occur in order for an act to qualify as lewd conduct. For example, sexual gestures over the clothing in view of others for the purpose of annoying or offending would constitute lewd conduct and qualify as a sex crime.

  • Internet sex crimes ³
  • This broad term refers to any sex crimes done in digital spaces. Examples can include revenge porn, such as the posting of another party’s explicit nude images without their consent or posting pornographic materials in digital spaces that are within the view of minors.

  • Child pornography ⁴
  • Possession and/or distribution of any type of media depicting sexual abuse of children is a serious offense. It is important to understand that this rule applies to any depictions of minors under the age of 18, so it is possible for consenting teenagers who share explicit photos of themselves with one another to both face child pornography charges.

  • Prostitution ⁵
  • It is illegal to attempt to sell or purchase sexual favors for money in the state.

  • Rape ⁶
  • Forcible sexual intercourse is one of the most serious sex crimes a person can commit. It is possible to be charged with rape for engaging in penetrative sex with an unwilling partner or if they are unable to provide affirmative consent due to intoxication or unconsciousness.

  • Sexual Assault & Battery ⁷
  • Any physical touching of another person in a sexual manner can constitute sexual assault and battery. Once any type of sexual misconduct has escalated to the level of physical conduct, this charge can apply to the situation.

  • Statutory Rape ⁸
  • This term defines a violation of the state’s Age of Consent laws. The Age of Consent in the state is 18. It is illegal for anyone over the age of 18 to have sexual relations with anyone under the age of 18, even if it is consensual.

It is possible to be charged with a sex crime even if there is no specific victim. For example, indecent exposure is considered a crime against the public. However, if a crime has a specific victim, the severity of the defendant’s potential penalties will hinge on the severity of the harm done as well as the age and condition of the victim. Sex crimes against children are some of the most serious offenses that carry the harshest penalties.

California’s Sex Offender Registry and Megan’s Law

In 1996, the California legislature passed Megan’s Law ⁹ making the sex offense registry widely available to the public. Above all, it requires registering your name, current location, and past offenses. Of course, being registered is devastating to your personal relationships and professional future. In addition, if a registered sex offender decides to move, they must notify local authorities to update the registry within five days or they face further criminal offenses. This law also authorizes local law enforcement to let the public know if a sex offender moves into their neighborhood and whether they are deemed a public safety risk.

Sex crime registration offenses are categorized into three tiers, classified by severity of the crime. Depending on the tier, you may be eligible to removal the registration requirements. However, some sexual offense convictions require a lifelong registration.

Tier 1 can include indecent exposure, misdemeanor sexual battery, misdemeanor child pornography, and other misdemeanor sex crimes.

  • Adult sex offenders must register for ten (10) years. ¹⁰
  • Minors must register for five (5) years. ¹¹
  • After the required years, Tier 1 sex offenders may petition for removal from the registry.

Tier 2 can include incest, non-consensual sexual acts, oral copulation or penetration with a foreign object.

  • Adult sex offenders must register for twenty (20) years. ¹⁰
  • Minors must register for ten (10) years. ¹¹
  • After the required years, Tier 2 sex offenders may petition for removal from the registry

Tier 3 is the most severe, including rape, pimping a minor and child pornography.

  • Sex offenders at this tier must register for life and are not eligible to petition for removal.

Sex offender registration can be incredibly disruptive to anyone’s life. Employers will be hesitant to hire registered sex offenders, and some forms of employment are automatically closed to these individuals. Options for living arrangements could also be restricted as a sex offender may not be allowed to come within a certain proximity of schools, daycare centers, and other establishments.

Civil Consequences of Sex Crime Conviction

When you are charged with a sex crime, the criminal justice system aims to punish defendants for breaking the law but does little to compensate victims of those crimes. While a sentencing judge could order a defendant to pay restitution to a victim, the victim will have grounds to pursue a separate civil claim against the defendant, seeking compensation for the direct losses they suffered because of the incident.

It is possible for the victim of a sex crime to seek compensation for medical bills, lost income, pain and suffering, and other damages resulting from their experience. Additionally, the judge overseeing this civil suit may award the plaintiff punitive damages to reflect the illegal nature of the defendant’s behavior that caused their injury.

It is also possible for a sex crime case to have effects that extend into the family court system. For example, if a defendant is accused of committing a sex crime against a member of their family or household, it could result in a loss of child custody rights and a protective order, preventing the defendant from coming near the victim in the future.

Aside from legal issues, sex crime conviction is also severely damaging to the defendant’s reputation. They could lose their job and have trouble finding new work as future employers may look unfavorably toward an applicant’s sex offender status. They will also lose standing in their community, lose professional and personal ties, and friends and extended relatives may cut communication.

Ultimately, conviction of any sex crime in Riverside can be life-changing in various ways. Beyond the extent of penalties assigned in criminal court, the defendant can see their entire life in upheaval in a relatively short time. If you find yourself in this situation, it is crucial that you take every opportunity to defend yourself, securing trustworthy legal counsel to help you reach the optimal outcome for your case and minimize the penalties you could face.

Why contact The Lin Law Office Inc. for your Sex Crimes case?

It is crucial to have trustworthy legal counsel on your side if you have been charged with any crime. Do not assume that if you were wrongfully accused you will be able to explain your way out of the situation. The arresting officers have no incentive to help you, and most assume that once they have completed an arrest and booked the case, it passes to the prosecutor’s responsibility.

An experienced Riverside sex crimes lawyer is an invaluable asset to have on your side for many reasons. First, it is possible to avoid conviction by exposing procedural mistakes in the handling of your case or by exposing violations of your civil or constitutional rights. Police must follow the laws of due process when conducting arrests; otherwise, a defendant could have grounds to argue that their case should be dropped for procedural violations.

If you have been wrongfully accused of a crime you did not commit, your case could boil down to your word against your accuser’s word, and the laws of the state inherently support an accuser in a sex crime case. Additionally, the nature of most sex crimes casts the accused in a negative light. Your situation may appear desperate, but the right attorney can help uncover the evidence you will need to prove the real version of events and clear your name.

If you did commit the offense, you still need legal counsel to help you avoid the worst possible penalties that could be assigned to you upon conviction. Your attorney may be able to reveal evidence that could encourage a judge to show leniency in sentencing, or the prosecution may be willing to offer a plea deal under certain conditions. This isn’t possible in every case, but your attorney can help you take advantage of a plea deal that suits your interests.

Ultimately, you have the greatest chance of avoiding conviction or at least mitigating your penalties if you have an experienced Riverside sex crimes lawyer defending you.

Avoid life-altering consequences and reach out to an experienced sex crimes defense attorney to handle your case early on. Mr. Lin has worked with the accused to plead or negotiate for alternative charges that could avoid registration altogether.

Know your rights and your options, if you are accused of a Sex Crime call us today.

References

  1. California Penal Code section 314.
  2. California Penal Code section 288.
  3. California Penal Code sections 311.10, 311.11.
  4. California Penal Code sections 311.1, 311.2, 311.3, 311.4.
  5. California Penal Code section 647, subdivision (b).
  6. California Penal Code section 261.
  7. California Penal Code section 243.4.
  8. California Penal Code section 261.5.
  9. California Penal Code section 290.46.
  10. California Penal Code section 290.
  11. California Penal Code section 290.008.
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