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Sex crime accusations in Chula Vista can have life-altering consequences. A conviction can lead to years in prison, hefty fines, and the stigma of being labeled a sex offender. If you or a loved one is facing sex crime charges, it’s crucial to have a skilled Chula Vista sex crimes lawyer in your corner from the very beginning.
At David P. Shapiro Criminal Defense Attorneys, we understand the high stakes involved in these cases. We have years of experience defending clients against a wide range of sex crime allegations, from sexual assault to child molestation. Our team knows how to navigate the complex legal system and build a strong defense strategy tailored to your unique situation.
Under California law, sex crimes are sexual acts that involve force, coercion, or a lack of consent from one of the parties. These offenses can also include sexual contact with individuals who are legally unable to give consent, such as minors or those with certain mental disabilities.
To secure a conviction, prosecutors must prove several key elements beyond a reasonable doubt. These elements vary depending on the specific offense, but often include:
Consent is a critical concept in many sex crime cases. California Penal Code Section 261.6 defines consent as the “positive cooperation in act or attitude pursuant to an exercise of free will.” Consent cannot be coerced through force, violence, duress, menace, or fear of injury. There are also certain statutory offenses, like statutory rape, where consent is not a valid defense due to the alleged victim’s age.
The consequences of a sex crime conviction can extend far beyond any court-ordered sentence. Depending on the severity of the offense, you could be facing:
Each different sex offense has its own set of legal definitions and potential penalties. For example, rape is defined as non-consensual sexual intercourse accomplished by means of threats, force, or fraud. It is a felony punishable by up to 8 years in state prison. On the other hand, misdemeanor indecent exposure is punishable by up to 6 months in county jail and a fine of up to $1,000.
California’s sex offender registration law requires convicted offenders to register with local law enforcement agencies. The duration of registration depends on the specific offense and is divided into three tiers:
Being on the sex offender registry can profoundly impact your life. It can limit employment opportunities, restrict where you can live, and damage your reputation in the community. A conviction can also lead to the loss of professional licenses and negatively affect the immigration status of non-citizens.
Being accused of a sex crime can be overwhelming, but remember, an accusation is not a conviction. There are many strategies an experienced sex crimes attorney can use to defend your rights and pursue a favorable outcome.
Early intervention is key. The sooner you involve a lawyer, the better your chances of success. Your attorney can immediately start:
In many cases, we can uncover evidence that casts doubt on the accusations and strengthens your defense. Common defenses against sex crime charges include:
Even if the evidence against you is strong, a skilled sex crimes lawyer can potentially negotiate with prosecutors to have the charges reduced or dismissed through a plea bargain. And if necessary, we have the trial experience to mount a strong defense in court.
After an accuser comes forward, the police will launch an investigation. This typically includes interviewing the accuser and any witnesses, collecting physical evidence, and interrogating potential suspects.
If the police want to question you about sex crime allegations, the best practice is to always exercise your constitutional right to remain silent. Many people think they can talk their way out of a difficult situation, but anything you say to the police can be used as evidence against you in court.
If you politely inform the officers that you are invoking your right to remain silent and say you want to speak with an attorney, you can prevent yourself from accidentally saying something incriminating. Once you retain a lawyer, your lawyer can communicate with the police on your behalf and ensure your rights are protected throughout the investigation.
When you’re up against serious sex crime charges, you need a defense team that knows how to get results. At David P. Shapiro Criminal Defense Attorneys, we have a proven track record of success in these high-stakes cases.
From the moment you retain our firm, we will:
When you hire our firm, you’re not just a case number. We provide personalized attention and tireless advocacy to each and every client. We take the time to listen to your story, answer your questions, and develop a legal strategy that fits your specific needs.
We know that sex crime allegations can feel overwhelming and isolating, but you don’t have to face this challenge alone. Our compassionate attorneys will guide you through each step of the legal process, always fighting for your best interests.
Our skilled defense attorneys have experience handling a wide variety of sex crime cases, including:
We offer confidential case evaluations so you can get the advice you need.. Our team is always available to address your concerns and fight for your rights.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future. Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
Here’s what you need to know to regain control of your future
You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.
If you are being investigated for a sex crime, the best practice is that you exercise your right to remain silent and seek legal representation immediately. Do not answer any questions from the police or investigators without your attorney present. Remember, anything you say can be used against you in court, even if you are innocent.
Politely inform the police that you are invoking your Fifth Amendment right to remain silent and that you want to speak with your lawyer. Then, contact a skilled San Diego sex crimes attorney as soon as possible. Your lawyer can communicate with the police on your behalf, protect your rights, and advise you on how to proceed with your case.
“I came to David Shapiro to end my probation early and expunge my case. I had a very positive and very informative experience with him. David and his assistant Maria were excellent and always kept in the loop of what was going on.”
“Helping good people get their lives back is not just a catch phrase. They mean what they say and are serious about taking care of the client. Ally Keegan and the team at Law Office of David Shapiro are AMAZING! My charges for a 25 plus year old case were dismissed, it was not easy but I truly believe that if I had went with any other Law Firm that the outcome would have been very different. Thank you Ally for helping me get my life back!”
“I called many lawyers after I got my DUI. Stefano was the only lawyer who put my mind at ease and gave me a sense of relief. He constantly communicated with me about my case and laid out all my options. He was willing and able to do whatever he could to help me. He went above and beyond what was expected.”
“I have used David 2 times in the past and he has by far exceeded my expectations. He has great knowledge and knows the system. He is straight forward and honest and somebody you can trust without doubt. I would recommend him to friends, family, and anybody that needs help. Best attorney I’ve ever come across.”
“Stefano Molea was extremely professional and consistently timely with responses to my questions. Most of all, Stefano was reliable. Stefano was diligent with discovery and always prepared and tenacious when relevant to the situation. Stefano is an attorney that you can count on for the best outcome. Thank you Stefano for all you did in my case. You’re so awesome!!!!”
“Ally was an absolute pleasure to work with. Her calm and reassuring demeanor was matched with her excellent knowledge, dedication, thoroughness. We unfortunately found ourselves in need of a criminal lawyer and we can without a doubt say that having Ally and her firm represent us from the beginning was the best choice we could have made.”
