Rape, Child Molestation, Lewd Acts, and Indecent Exposure Lawyer Handling All Sex Crimes Allegations in San Diego
Combatting sex offense accusations requires a strong defense. If you are charged with a crime like this, an experienced Sex Crimes Attorney is your first line of defense. A conviction means a criminal record that will haunt you forever and destroy your personal and professional life. Police aggressively investigate allegations of rape and child molestation, and the San Diego prosecutor’s office will seek a severe penalty once they have decided to charge you. If you have been charged with a sex crime, call San Diego criminal defense attorney Alex Ozols today to discuss your case. Ozols Law Firm offers a free consultation and is available anytime to take your call.
Depending on the specific charge(s), you face:
- Jail or state prison time,
- Mandatory sex offender treatment,
- Restricted freedoms,
- Loss of custody of your children, and
- Being forced to register as a sex offender for the rest of your life
Sex Crimes Defense Law Firm
Attorney Alex Ozols has experience with all the sex crimes listed below. If you do not see your specific charge, please call our office to discuss your situation.
Sex Crimes Investigations
Prior to being charged with a sex crime, the police may inform you that they are conducting an investigation about accusations made by the alleged victim and ask you for a statement. They often attempt to get you to talk by assuring you that they just want to get your side of the story. The police may even go so far as to ask you to take a polygraph examination by asking you, “don’t you want to clear your name?”
It is not in your best interests to speak to the police. They are not on your side. They are looking to get information out of you they can use against you at a later time. The instant you become aware of an investigation, call an experienced criminal defense attorney to protect your rights.
Consequences of a Sex Crimes Conviction
A sex crimes conviction could result in you having to register as a sex offender for life pursuant to ssCalifornia Penal Code § 290. Once you are labeled as a sex offender, the following occurs:
- You must check-in at your local police station every year on your birthday for the rest of your life,
- Your address and picture are placed on the California sex offender website,
- Your ability to get or keep a job becomes almost impossible, and
- You may even be prohibited from being around your own children without a supervised monitor
In other words, the negative impact of sex offender status destroys your ability to ever again lead a “normal” life. Take control of the situation by calling Ozols Law Firm today for a free consultation.
California Sex Crime Laws
The following is a brief overview of some the sex crimes cases we have handled and the applicable law. Our office is available 24/7 to help you in the event that you are under investigation or charged with committing a sex crime. You might feel hopeless after learning that someone has made allegations against you. Your best option is to immediately retain counsel and fight the charges aggressively.
If you are charged with California Penal Code Section 314 a lot is at stake. You could have jokingly flashed some people, you could have been drunk, or you could have just made a mistake on that day in an isolated incident. This could have been at the beach, changing in your car, or in any other common situation.
To be convicted of this crime you have to have shown your genitals to another who would have to be offended or annoyed. This could have taken place in a public or private area. If this occurred in a private residence after having entered without consent, the punishment is more severe.
Criminal lawyer Alex Ozols has worked on a large amount of these cases and understands everything that goes into them. If convicted of this offense you may face lifetime registration as a sex offender. If you have been charged with indecent exposure, call us today so we can help.
There are many different kinds of rape but all have the same type and structure under California Rape Penal Code 261. One has
- had intercourse with another,
- they were not married (although there is spousal rape),
- there was no consent,
- the defendant accomplished the intercourse by force, threat, violence, trickery or threat (The threat has to be a threat that a reasonable person would believe)
If you have been charged with rape of a minor, note there are always issues of what the actual age of the minor was and what you believed the age to be.
Alex Ozols worked on the highly publicized Orange County Craigslist rapist case. Throughout this case consent was the issue. This case went to jury trial and eventually was dismissed. To understand what defenses are available, call attorney Alex Ozols to discuss the facts and the charges levied against you.
Statutory rape (PC 261.5) refers to unlawful sexual intercourse with a person under 18 years of age. The punishment varies, depending on the age gap between the perpetrator and alleged victim. For example, if the accused is not more than 3 years older or younger, they are guilty of a misdemeanor. If, on the other hand, the gap is more than 3 years, than it can charged as a misdemeanor or felony.
Consent is not a defense to these charges, as a minor cannot legally give consent. Instead, a plausible defense is the “mistake of fact” argument. If you honestly and reasonably believed that the person was over 18, then this could be used in your defense. For example, assume a guy meets a girl at a bar. They end up having sex that night and he is subsequently charged with statutory rape because she was only 17. Given that the minimum age to enter a bar is 21 in California, he can argue that he honestly and reasonably believed her to be over 18.
To be convicted of lewd acts on a child PC 288 (a), the individual must have
- Touched a child’s body either above or below their clothing or
- Forced the child to touch their own body,
- They committed the act with sexual desires, and
- The child was under 14 at the time of the crime.
We understand that kids sometimes make accusations because they are angry. We also understand innocent people unfortunately get accused and charged with these crimes. We have dealt with cases where a young child wants to get back at their stepfather for marrying their mother, or because they did not feel like they treated them fairly.
A conviction based on these accusations can result in lengthy prison time on each count and lifetime registration as a sex offender. It takes an experienced sex crimes lawyer, who has dealt with these cases before, to be able to go through all the evidence and properly handle the preliminary hearing.
The stigma associated with even the mere accusation of molesting a child can be catastrophic to your personal and professional life. Alex Ozols knows how to deal with allegations of child sexual abuse and how to expose false allegations. If charged with lewd act on a child, consult our firm as soon as possible. San Diego child molestation lawyer Alex Ozols will immediately begin working on your case to reduce or dismiss the charges.
Any person 18 years or older who has sexual intercourse or sodomy with a child 10 years of age or younger is guilty of a felony (California Pena Code § 288.7.) If convicted of this crime, you are facing a life sentence in prison.
This crime is closely related to oral copulation with a minor (California Penal Code 288a.) While the punishment for oral copulation is less severe, prosecutors can also press charges under PC § 288.7 if there is evidence of sexual penetration under California Penal Code § 289(l).
The prosecution is unlikely to offer a favorable plea if you are being charged with child molestation, which means you may have no choice but to go to trial. If you choose trial, then having an experienced criminal defense lawyer that knows how to properly cross-examine witnesses is critical.
The child accuser has to take the stand against you, which gives your attorney the opportunity to expose any weakness in the child’s testimony. Attorney Alex Ozols has experience handling these matters and will put this experience to work for you.
California Penal Code Section 243.4 applies when a person has touched the intimate part of another person for purposes of sexual arousal. This is described as the person making contact with an intimate part of the body and can be done directly or through clothing. One has to be doing this without consent, assuming they are an adult. If there is express or implied consent by the other party then they cannot be charged with this crime.
If the touching is accidental or the individual doing this is not aroused then they cannot be charged with this crime. Skilled attorneys know how to create doubt in a jury’s mind about the mindset of the defendant. Using the proper techniques this element can be very hard to prove. If you get into this situation please call immediately.
Megan’s Law is the name given to U.S. laws requiring that sex offenders register with a national database so that their whereabouts can be tracked. In California, the law requires a convicted sex offender to register with a local law enforcement agency and are notified of this requirement prior to being released from jail.
If you are convicted of a sex crime, you will be required to not only register as a sex offender, but update your information annually within 5 working days of your birthday. If you move or become homeless, you must also update your information within 5 working days.
Whether or not your name will appear on an online database of sex offenders depends on the type of crime you committed. According to the California Department of Justice’s website, about 25% of registered sex offenders cannot be posted online.
Once you are a registered sex offender, that label will follow you wherever you go in the United States. We will do everything possible to fight your charges so that you can avoid a lifetime of registration.
Call Sex Crimes Lawyer Alex Ozols Today
At the Ozols Law Firm, clients are greeted with respect and concern for their legal rights. Alex Ozols is the criminal lawyer people turn to when they want friendly but aggressive legal representation by a knowledgeable and committed advocate.
Alex has devoted his legal career to helping people get their rights under the law. He understands a sex case can destroy a person’s lifestyle and future opportunities. As previously stated, a sex crime conviction can result in fines, fees, and possible jail time and/or mandatory treatment. The ramifications of any conviction on sex abuse allegations are extremely serious. Additionally, details of those criminal records are available online to the general public.
If you have been accused of a sex crime, call San Diego sex crimes lawyer Alex Ozols to discuss your best legal options.