The criminal penalties for sex crimes are harsh, and the collateral consequences are just as devastating. Since the mere allegation can devastate your life, you should speak with an experienced criminal defense attorney as soon as possible if you are being accused of or investigated for a sex crime. If you are convicted, you will likely be imprisoned, fined, and forced to publicly register as a sex offender, where anyone with internet access can see the details of your crime. However, there are ways to fight back against false accusations and defend against sex crime charges.
A sex crime case will be the fight of your life, so choosing the right attorney will be essential. With extensive experience and a passion to stand up when everyone else is pointing the finger, attorney Elliot Silver can dismantle the prejudices standing in your way and will find the truth if false claims have put your whole life in danger.
Elliot Silver has a track record of successfully defending the rights of the accused. He knows how the state will approach your sex crimes case, the tactics they’ll use to twist your words about the incident, the gaps in the “so-called” scientific evidence. If a witness is lying about something, they will not be able to get past attorney Silver’s brutal cross-examination.
To learn about your rights and options, contact Silver Law Firm and schedule your initial consultation as soon as possible. Call today at (510) 995-0000
Elliot knew exactly what I needed to do in order for the judge to rule in my favor. I followed his directions and we walked away winners. Elliot is honest, trustworthy, and truly enjoys being an attorney. You will not find a better defense in the Bay Area.”
California Sex Offenses
The consequences of a sex crime conviction are significant and vary considerably depending on the offense and situation. In addition to incarceration and fines, you may be required to publically register as a sex offender. A skilled lawyer at Silver Law Firm can help you build a defense that will avoid the most serious consequences.
There are dozens of sex crimes you can be charged with under California law. Some of the most common we defend against include:
- Indecent Exposure (Penal Code 314)
You can be charged with a crime if you willfully show your breasts or genitals to offend someone or for sexual gratification.
- Lewd Conduct (Penal Code 647(a))
It is unlawful to touch your or another person’s genitals for the purpose of offending someone or for sexual gratification in public or to solicit a person to do so in public.
- Prostitution and Solicitation (Penal Code 647(b))
You can be charged with a crime if there is any evidence you solicited or offered money for sex or engaged in prostitution in any way.
- Pimping and Pandering (Penal Code 266h & 266i)
It is illegal to procure, solicit, or encourage someone to engage in prostitution; cause another person to come into or out of the state for the purposes of prostitution; or to receive, agree to receive, give, or agree to give any money to procure a person for prostitution.
- Sexual Assault and Battery (Penal Code 243.4 PC)
It is unlawful to touch another person’s intimate parts for the purpose of arousal or sexual gratification without consent.
- Rape (Penal Code 261)
If there is evidence you had sexual intercourse with an individual who did not consent because you used physical force, intimidation, threats, while the victim was unconscious, while the victim lacked the capacity to consent, or through fraudulent misrepresentation, then you will be charged with rape.
- Annoying a Child (Penal Code 647.6)
If you are found to have annoyed or molested a child under the age of 18, you can be charged with an offense. This includes any unnatural or abnormal sexual interest in a child that a normal person would be disturbed or offended by. The conduct does not have to include physical touching.
- Child Molestation (Penal Code 288)
If you are found to have committed a sexual act with a child, based on the circumstances, you can be charged with annoying a child, lewd and lascivious acts with a child under 14, or sexual acts with a child under age of 10.
- Child Pornography (Penal Code 311)
It is unlawful to create, solicit, purchase, possess, distribute, or sell child pornography.
- Sex Trafficking (Penal Code 236.1)
It is illegal to purchase, sell, or trade individuals for the purpose of sexual exploitation.
- Internet and Computer Sex Crimes
Many sex offenses take place entirely online and through the use of computers, laptops, tablets, and mobile phones. You can be arrested and charged with a sexual offense for electronic evidence like your IP address and online communications.
To learn more about the types of sex crime charges you could face and the potential penalties, visit our Sex Crimes FAQs and contact us as soon as possible.
Defending Against False Accusations of Sex Crimes
Sex crime accusations come in many different forms and can be based on mistaken facts, exaggerated situations, or even outright lies. No matter the case, you should be prepared. If you have been falsely accused of a sex crime, you should hire a knowledgeable sex crimes lawyer to help you deal with the situation. Once you reach out to attorney Elliot Silver, we will evaluate every piece of evidence and carefully scrutinize the prosecution’s evidence.
One of the most common defenses to accusations of a sex crime is consent. At Silver Law Firm, we will help you gather evidence that the other individual agreed to the sexual contact. However, if this is a false accusation of a sex crime and the alleged sexual contact never occurred, he will fight to prove your innocence and expose the lies in front of the court. You may also have been falsely accused of a crime that was committed by another person. If the victim or law enforcement agency has made a mistake of identity, then we will put forth evidence of your innocence, including your alibi for the time of the crime.
All too often, innocent and law-abiding people throughout the Bay Area are falsely or mistakenly charged with sex offenses. A skilled sex crimes lawyer can make all the difference. Attorney Elliot Silver will work relentlessly to protect you and dismantle the case against you when someone’s lies and mischaracterizations have put you in a seemingly impossible dilemma and law enforcement is putting the screws to you – whether this includes a total dismissal, a reduction, or if necessary, taking your case to trial and winning.
Have you been charged with a crime? Contact Silver Law Firm today.
California Sex Offender Registration Act
One of the harshest and most onerous consequences of a sex offense conviction is registering as a sex offender. Under the California Sex Offender Registration Act, you can be required to register as a sex offender for the rest of your life if you are convicted of a sex crime.
To register correctly, you must do so in person with your local law enforcement agency if you are not incarcerated. This must be done within five days of your conviction, your release from custody, or your discharge from a medical facility. Once you register, your name, photo, and identifying information will be available to the public. Your address may also be available depending on the reason for your conviction and your criminal history.
At minimum, you will need to update this information once a year. However, you may have to check in with the police more often. You also must check in with the police and re-register if you move or any of your personal information changes. If you enroll in college courses at an educational institution in California, you must also register with the campus police.
This is intended to alert the community of any sex offenders living nearby and provide law enforcement a way to monitor offenders. However, in the government’s rabid pursuit of preventing repeat offenses, some individuals are unjustly driven out of neighborhoods, denied jobs, and oppressively singled out. In some cases, after the passing of Senate Bill 384, sex offenders can be removed from the sex offender registry in California, depending on the crime.
Failure to Register as a Sex Offender
Failure to register as a sex offender when required to do so by law can result in additional criminal charges and consequences. You may be charged with failure to register if you do not show up to originally register with law enforcement, if you show up to register late, if you do not properly re-register, or if you do not provide full and accurate information. If there is evidence you failed to register in some way, you will most likely be charged with a crime.
For Victims of a Sex Crime
At Silver Law Firm, we believe the victims of sexual offenses deserve experienced legal representation just as much as those accused of perpetrating sex crimes. If you or a loved one was a victim of a sex crime and now you are being pressured to participate in a case by the police or prosecutors, contact an Oakland sex crime lawyer immediately. Unfortunately, sex crime victims are sometimes treated poorly by police and prosecutors. The government will dive into your life, violate your privacy, and often explicitly or inadvertently blame you for what happened. We will not let you, your rights, or your freedom be abused by the police or prosecutors. If you wish to remain distanced from a criminal case and not testify in court, call us today at (510) 995-0000 for help. We will advocate on your behalf and represent your best interests, not the prosecution’s case.
Contact Our Oakland Sex Crimes Lawyers Today
Every sex crime allegation is taken seriously in California, but in this rush to seek so-called justice and retribution, false arrests and unjust convictions are a tragic result. Prosecutors use a great deal of their discretion to negotiate plea bargains, which are sometimes accepted by the accused, even if they are innocent, often because the fear of a trial is too great. However, a sex crime conviction does not end with a prison sentence because even after you serve your time, you will be likely be stigmatized and ostracized for the rest of your days. Your face, your name, address, and the details of your crime will be on display for all to see. That’s why you need a highly-skilled criminal defense attorney by your side you from the very beginning.
If you have been accused of a sex crime or were the victim of a sexual offense, contact attorney Elliot Silver immediately. At Silver Law Firm, we understand the legal, practical, and emotional complexities of these situations. When we take on your case, we will protect your rights and pursue the best possible result.
Contact us online today, or call us at (510) 995-0000 to schedule an initial consultation.