San Jose Sex Crime Lawyer
If you’ve been accused of a sex crime in California, it is understandable if you feel overwhelmed. A conviction could impact your freedom, your reputation, and your relationships. Sexual assault is a serious charge, and you are right to be concerned.
However, your situation isn’t as hopeless as it may seem. The legal system is not perfect, and sometimes prosecutors make mistakes. You have rights, and a San Jose sex crime assault lawyer can help you understand your options and fight for your future.
At Silver Law Firm, our San Jose criminal defense lawyers have over 37 years of combined experience defending individuals accused of criminal activity. Contact us today for a free and confidential case evaluation, and tell us what happened.
Why You Need a Sex Crime Lawyer
When you’re facing potentially life-changing charges, you need an experienced criminal defense lawyer who produces results. Many public defenders are fine attorneys, but they tend to be overworked and lack the resources to give your case the attention it needs.
Don’t gamble with your future. Our San Jose sex crimes attorneys will take a personalized approach to your case, investigate the charges, and devise a strategy to achieve the best possible outcome.
We’re here to protect your rights and see that you receive fair treatment throughout the legal process. Some of the things we may be able to accomplish include the following:
Investigating Your Case
We’ll investigate the allegations and find out what happened. We can examine police reports, interview witnesses, and review security footage. Then, we’ll let you know your options and give you our honest opinion on your best course of action.
Defending You in Court
If you choose to fight your charges and your case goes to trial, we’ll represent you in court. We’ll make sure your side of the story gets heard and do everything we can to see that you are treated fairly by the criminal justice system. We represent our clients with an unapologetic tenacity.
Advocating for Reduced Charges and Sentences
In some cases, we can lobby for reduced charges. This is often most effective if the prosecution doesn’t have a strong case and you have a relatively clean record. If you’re found guilty, we’ll still be there to help. We can work on getting you a lighter sentence, like probation instead of jail time or even a reduction in fines.
Challenging Evidence
If we can show that the evidence against you lacks strength, there’s a possibility of getting your case dismissed. We may be able to:
- Question the chain of custody for physical evidence
- Scrutinize the accuracy of DNA testing methods
- Challenge the reliability of eyewitness testimony
By contesting the prosecution’s evidence, your attorney can raise doubts about their case and potentially undermine their argument. This can be a critical factor in achieving a favorable outcome in your sex crime case.
Establishing Consent or Mistaken Identity
In defending against sex crime charges, establishing consent or mistaken identity can be crucial. If the defendant can show that the alleged victim consented to the sexual activity, the prosecution’s case may weaken.
Likewise, the prosecution’s case can become weaker if the defendant can establish that they were misidentified as the perpetrator. By asserting consent or mistaken identity, your attorney can cast doubt on the prosecution’s case and potentially damage their argument, increasing your chances of a favorable outcome.
Exposing False Accusations
Protecting the rights and reputation of the accused necessitates exposing any false accusations. By highlighting a prior history of untruthfulness on the part of the accuser, your attorney can question their credibility and potentially weaken the prosecution’s case.
What Is a Sex Crime in California?
California’s sex crime laws cover numerous offenses that range from forcible rape to child pornography and indecent exposure.
Rape and Sexual Assault
Rape is defined as sexual intercourse with an unwilling participant through the use of force, threats of violence or retaliation, or lack of legal consent. Sexual battery, a form of sexual assault, is a severe offense that involves any form of contact with intimate body parts of another person without their consent.
Child Pornography and Molestation
Child pornography is characterized as any images, videos, data, or computer files that depict persons under the age of 18 engaged in a sexual act. In California, child molestation is defined as any sexual act with a juvenile or the touching of a child for sexual gratification or arousal.
Indecent Exposure and Lewd Conduct
Indecent exposure is defined as the intentional exposure of one’s intimate body parts in a public setting for sexual gratification, masturbation, or sexual intercourse.
Lewd conduct, on the other hand, involves engaging in touching one’s intimate body parts, a child’s private body parts, or someone else’s in a public area for sexual gratification or arousal.
Penalties for Sex Crimes in California
Severe consequences such as imprisonment, fines, and sex offender registration can follow a sex crime conviction. The specific penalties vary depending on the nature of the offense and the defendant’s criminal history.
Imprisonment and Fines
Imprisonment and fines for a sex crime conviction can vary greatly depending on the severity of the offense and the defendant’s criminal history. A sex crime lawyer in San Jose can explain the exact penalties you are facing based on your charges.
For a first-time sex offender in California, felony charges of sexual battery come with a fine of up to $10,000 and a prison sentence of two, three, or four years. A rape case may involve a felony or misdemeanor charge with a fine ranging from $2,000 to $20,000.
Sex Offender Registration
Sex offender registration in California, governed by the Sex Offender Registration Act, can be up to lifelong and can significantly impact the convicted individual’s life.
The registration process requires convicted sex offenders to register with their local law enforcement agency within five working days of their release into the community. Then, they must update that information annually within five working days of their birthday.
Get Help From a San Jose Sex Crime Attorney
Facing sex crime charges can be an overwhelming and life-altering experience. By understanding California’s sex crime laws and working with an experienced San Jose sex crime attorney, you can increase your chances of a favorable outcome.
Contact Silver Law Firm today for a free and confidential consultation.
