Sex offense charges carry a significant stigma in society that can follow you for the rest of your life. They can seriously damage your reputation, including your ability to get work, housing, or acceptance in any community. However, rest assured that this does not have to be your result – either before or after conviction. With the help of a qualified, experienced sex crime attorney, you can combat harsh accusations to fight the consequences and even attempt to deregister from the sex offender registry.
Types of Sex Offenses in California:
- Sexual assault
- Rape (child, statutory, felony murder, spousal)
- Sexual battery
- Indecent exposure
- Online solicitation of a minor
- Possession of child pornography
At Thompson • Garcia Law, we have been defending people charged with sex crimes in state and federal court for over 65 years. As the law changes, so do we to find new ways to prepare a sophisticated defense on your behalf.
Call (510) 757-1878 or contact Thompson • Garcia Law online to schedule a free consultation to discuss your legal situation today.
Rape Offenses in California
One common and very serious sex crime in California is rape. Under California Penal Code 261 PC, rape is when a person uses force, threats of force, or fraud to have non-consensual sexual intercourse with another person to whom they are not married. Note that consent refers to the other person’s free and voluntary agreement to the act while knowing the nature of the conduct.
Rape is charged as a felony in California, and the crime is typically punishable by up to 8 years in state prison and/or felony probation. A defendant could face an additional 3-5 years in prison if they alleged victim suffered great bodily injury during the incident, as well as an additional 11 years if the alleged victim was a minor under 18 years old and an additional 13 years if the alleged victim was under 14 years old.
- Thorough, Strategic Representation
- 65 Years of Combined Experience
- No Case Is Too Big
- Spanish-Speaking Services
Child Molestation Laws
Another important area addressed by California sex crime law is unlawful sexual acts with children. There are several child molestation statutes in California addressing specific conduct like sending explicit matter to a minor under the age of 18 and engaging in sexual conduct with minors under 18 years old, under 16 years old, and even under 10 years old.
Most child sex offenses are punishable as felonies, though some may be considered “wobbler” offenses penalized as either misdemeanors or felonies, depending on the severity of the offense. Visit our Child Molestation page to learn more about the specific legal codes pertaining certain sexual acts with children, as well as their associated penalties.
Sex Offender Deregistration
Sex crimes like rape and certain child molestation violations will require mandatory registration as a sex offender for life. This could have detrimental consequences to your ability to re-integrate into society, as you will have a stigma attached to you that could result in social exile from your family, friends, and even coworkers. Our attorneys at Thompson • Garcia Law often represent individuals who attempt to deregister, and we can help you determine your eligibility for doing so both before and even after conviction. Do not give up your second chance even after you have served your sentence; your past should not have to follow you forever.
Our firm also works with immigrants who have been charged with sex crimes and are likely facing deportation as a penalty. Be aware that many sex-related offenses like rape and child molestation are classified as crimes involving moral turpitude (CIMT). If a non-citizen is convicted of a CIMT, they will either be deported or marked as inadmissible for citizenship status. Our attorneys at Thompson • Garcia Law have significant experience working with clients on how to avoid deportation and protect themselves against being barred from obtaining a green card or citizenship. We will lend a compassionate hand to you and your family as you navigate the uncertain circumstances following a harsh or unfair accusation that should not jeopardize your citizenship.
Our Defense Strategy
We will evaluate every possible avenue of defense to strategize the most efficient method for your unique case. In cases of rape, one effective defense is to question the validity of the complaining witness statements and credibility. Our attorneys will thoroughly investigate the accusing witness to determine the credibility of the statements given. After all, rape accusations can stem from interpersonal disputes or attempts at revenge for a previous conflict. So, we will challenge every element of the charge against you and the prosecution’s evidence to highlight legal procedural missteps, such as any search and seizure issues. This can help remove evidence that cannot legally be used against you.
Our lawyers at Thompson • Garcia Law also run a variety of analyses from our own tests to contest all scientific, technical, and forensically gathered evidence. Additionally, we routinely bring in psychological experts when they can testify that our client has no predisposition for an accused type of behavior.
From online sex crimes, including solicitation of a minor and child pornography, to more serious allegations of statutory rape and indecencies, we argue the defenses other attorneys might shy away from. There is no type of sex-related case we will not take; everyone deserves justice and their rightful fight in court.
65+ Years of Experience and Serving Pleasanton, Fremont, and Oakland
At Thompson • Garcia Law, we seek to represent you confidently and compassionately as you deal with one of the harshest accusations in the legal system. While dangerous predators do lurk, there are many who are unjustly accused, and we fight to protect their reputation and rights to fair trial. We have a deep understanding of sex crime laws, including the harsh minimum sentences and mandatory sex offender registration, as well as possible deportation. The profound impact on your day-to-day life motivates our thorough and tireless defense of your case.
“This is the best of the best law firms in the Bay Area.”- Shirley T.
“I am very grateful for the help and support and would recommend this law firm to anybody.”- Tom K.
“The staff is amazing and was extremely patient with us and the troubles that came with our case.”- Maricela G.
“They saved me years of prison time by proving that I was falsely accused of a crime.”- Becky H.
“This law firm is top notch and I HIGHLY RECOMMEND Garcia and Thompson.”- Casie Z.