Manhattan Beach Sex Crimes Defense Attorney

Manhattan Beach Sex Crime Defense Lawyer

Being accused of committing a sex crime can be a frightening experience. The potential effects that being convicted of one of these crimes could have on your life as you know it can seem intimidating when you have no one on your side. Your reputation can be shattered, and even if you are not convicted you may never recover from the social ostracism that being charged with a sex crime can lead to. However, being accused of a crime does not mean you lose your rights, and a qualified defense attorney can work with you to find a satisfactory outcome for your case when your court date comes around. If you have been charged with a sex crime in Los Angeles County, contact a sex crime defense lawyer at Okabe and Haushalter who can guide you through your options under the law.

California sex crimes legislation

Sex crimes take many forms under California state law and federal law, but all of them can result in permanent sex offender registration for those who are convicted of these offenses. Several sections of the California Penal Code outline sex crimes, including sexual battery, rape, and lewd and lascivious acts with a minor.

Sexual battery

Section 243.4 of the California Penal Code addresses the crime of sexual battery. Sexual battery is any non-consensual touching that could be construed as sexual in nature, including the accused touching the alleged victim or making the alleged victim touch them. These crimes can be charged as either misdemeanors or felonies, but even in misdemeanor cases, a period of registration as a sex offender will most likely be required if the accused is convicted.

Rape

Rape is defined as non-consensual intercourse under California Penal Code Section 261. Someone can be charged with rape if they had intercourse with someone who did not or was deemed incapable of providing consent (as with certain disabilities or if the individual was intoxicated). A person convicted of rape could face several years behind the bars of a state prison and lifelong sex offender registration.

Lewd and lascivious acts with a minor

Sexual acts involving a minor under the age of 14 are illegal under California Penal Code Section 288. These charges can vary depending on the unique circumstances of the alleged crime. For example, if the lewd behavior involved the use of force or fear-mongering, the penalty can be more severe than if the alleged behavior lacked force or threat. Those convicted of these crimes face up to a decade in a California state penitentiary as well as mandatory sex offender registration for life.

Potential Defenses for Sex Crime Accusations

When you’re accused of a sex crime, your very liberty is on the line. The state of California is naturally very aggressive in its prosecution of sex offenders. But that doesn’t always mean they are justified in doing so. Because of the serious nature of sex crimes accusations, it is vital that a seasoned Manhattan Beach sex crimes attorney handle your case. An experienced attorney understands the various defense strategies that might be used in your specific case. Although the strategy differs, some potential defenses include:

• Consent by the victim: Many convictions for sex crimes henge on whether the victim consented to a sexual act or not—this is called a “he said, she said” scenario. In some cases, the victim cannot legally give consent due to incapacitation or age. In most other circumstances, however, a defendant can give consent and then claim that they did not give their consent. Although this defense is a tricky and difficult one to prove, especially since sex acts usually go unwitnessed, an experienced lawyer can sometimes use this defense successfully.  If victim consent was given, your sex crimes attorney may attempt to present indirect evidence of a consensual act, including the action of the victim prior to and following the incident, any previous relationship between the parties, and other means.
• Age mistakes: California permits what is known as the “mistake of age” defense for defendants facing charges of statutory rape. If the statutory rape accuser lies about their age and a reasonable person would believe such a lie, then this defense can be a successful one in many instances.
• Ulterior motive: In some instances, an accuser is motivated to have a defendant charged with a sex crime due to some ulterior motive. For example, an ex-spouse may accuse a parent of sex abuse of a minor child as a means to keep the other parent out of the child’s life.

Your Manhattan Beach sex crimes attorney will also call on the prosecution, jury, and judge to look at other aspects of your life to help judge your character. This might include the fact that you have no previous record of a similar offense, no criminal record for other offenses, is a pillar of the community, and other accolades. Your overall role as a citizen can come into play when you’re charged with a sex crime, including any organizations that you are involved in, your employment history, and other factors.

We will help you fight these allegations in court

A conviction for a sex crime can profoundly change your life. Do not trust your freedom, your liberty to an inexperienced sex crimes attorney. You owe it to yourself and your family to put up the fight of your life to avoid a conviction.

When you are ready to fight the charges against you, a Manhattan beach sex crime defense lawyer at Okabe and Haushalter can help. We know no two cases are alike, and we give each of our clients the respect and unique attention they deserve. We will stand up for you in the courtroom and use aggressive defense tactics to tear holes in the prosecution, and we can negotiate plea agreements for reduced sentencing if appropriate. Contact us today for a no-cost case assessment and find out for yourself why the Okabe and Haushalter name is associated with courtroom excellence.