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San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney

San Diego Sex Crimes Lawyer

Sex charges are difficult to bear because the social stigma that they carry from the moment an investigation begins. At Monder Law Group we work off the notion that you are innocent until proven guilty. We firmly believe that it is our responsibility as defense attorneys to hold the prosecution accountable for their burden, beyond a reasonable doubt. The problem is that society does not. The moment a person is accused of a sex offense, right away everyone assumes the person is guilty. This is due to the role of the victim in sex offenses, everything gets told from only their perspective. If you are facing charges for a sex offense, know that you have a voice and a right to tell your truth. Call Attorney Vik Monder immediately at (619) 405-0063 to learn how to make sure your side of the story is heard!

 

Sex Crimes in San Diego

Sex crimes in California consist of unlawful sexual conduct that can range from misdemeanor to felony offenses. Misdemeanors are less serious offenses that are typically punishable by no more than one year in county jail, fines and informal probation. Felonies are the most serious of charges, these offenses are punishable by terms of incarceration in state prison ranging anywhere from 1 year to life in prison. The California penal code determines the penalties and establishes a range of possible sentences depending on the conviction. Wobblers are offenses that the issuing attorney at the District Attorney's Office has discretion to file as a either a misdemeanor or a felony depending on the victim and the defendant's criminal history. 

Misdemeanor Sex Crimes

  • Indecent Exposure
  • Solicitation
  • Prostitution
  • Improperly Touching a Child
  • Lewd Conduct

Wobbler Sex Crimes

  • Sexual Battery
  • Statutory Rape
  • Illegal Acts of Sodomy

Felony Sex Crimes

  • Child Pornography
  • Forcible Rape
  • Spousal Rape
  • Date Rape
  • Pimping and Pandering

 

Sex Crimes: Prosecution's Burden of Proof 

  1. The defendant willfully and unlawfully performed;
  2. An unwanted sexual act;
  3. Without consent;
  4. With general intent to commit a sex offense.

 

Penalties for Sex Crimes

California takes sex crimes very seriously and sometimes just a mere allegation by one person can subject another person to a full blown investigation. Each sexual act committed can result in a potential sentence of anywhere from three to eight years in state prison. The sentences for each convicted felony can be added together and cause a defendant to be imprisoned for up to 100 years. It is important to note that a lot of these offenses do not allow for probation and require state imprisonment and lifetime registration as a sex offender. Ultimately, the severity of punishment for sex offenses may vary but they all carry life damaging consequences.  

 

Understanding California Penal Code Section 290

Megan's law as it is commonly known in California, requires mandatory registration as a sex offender for persons convicted of certain sex crimes. California Penal Code section 290 determines the regulations for registration and the posting categories for registered sex offenders on the Megan's Law website. Megan's Law web site was established for local law enforcement agencies to notify the general public about sex offender registrants that may pose a risk. This means that a person charged of certain sexual crimes, if convicted may not only be restricted as to where to live, work, and who to be around but is also at risk of living the rest of their life labeled a sexual predator by the public.

Sex Offender Registration

Under California Penal Code section 290, if you are convicted of specified sex crime, you will be required to register as sex offender with a local law enforcement agency. Prior to your release from prison, you will be notified in writing of your duty to register and a copy of the notification form will be forwarded to the Department of Justice. After your release from prison, the local law enforcement agency will forward your registration information to the Department of Justice and their Sex Offender Tracking Program will be responsible for tracking your current whereabouts, next required update and any violations of your update requirements.

Information Sex Offenders Must Register

The following information will go on a registered sex offender database that the Department of Justice makes available to the general public through Megan's Law web site.

  • Known Aliases
  • Date of Birth
  • Sex
  • Height
  • Weight
  • Eye Color
  • Hair Color
  • Ethnicity
  • Offense Code
  • Description of the Offense
  • Year of Conviction
  • Year of Release
  • Last Known Addresses
  • Scars/ Mars/ Tattoos

Sex offender registration is a lifetime duty, a registered sex offender will have to update this information with DOJ annually, within five working days of their birthday and each time they change residence, within five days of the move.

Crimes Requiring Mandatory Sex Offender Registration

PC 290 requires people convicted of the following sex crimes to register as a sex offender in California:

  • First and Second Degree Murder committed in a sexual offense
  • Illegal Acts of Sodomy
  • Forcible Rape
  • Kidnapping with intent to commit a sexual offense
  • Rape
  • Assault with Intent to Commit Rape, Sodomy, Oral Copulation
  • False Imprisonment with intent to commit sexual offense
  • Sexual Battery
  • Spousal Rape
  • Pimping and Pandering
  • Human Trafficking of Sex Slaves
  • Incest
  • Child Pornography
  • Prostitution
  • Child Molestation
  • Solicitation
  • Indecent Exposure
  • Distribution of Harmful Materials to Minors

Penalties for Violations of Sex Offender Registration 

Willful violation of California Penal Code 290 if previously convicted of a registrable misdemeanor sex crime will result in a misdemeanor on the first violation. Any violation after that will result in a felony, regardless of the conviction that led to the registration. Likewise, if the person was convicted of a registrable felony sex crime who violates the registration law will be found guilty of a felony. 

 

Best Defense

Sex crime charges can have far reaching consequences. If convicted you could not only loose your freedom but most sex crimes result in mandatory registration as a sex offender in state and federal registry. This registry is available to the public and will depict you as a sexual predator the rest of your life. Do not let this happen to you! The prosecution's failure to prove a single element of sex offense beyond a reasonable doubt will be enough to avoid a conviction. You need an aggressive lawyer that will poke holes in the prosecution's case and fight to get you your life back!

 

Contact San Diego Sex Crimes Defense Attorney Vik Monder for a FREE consultation today at: 619-405-0063

Contact San Diego Criminal Attorney Vik Monder for a free consultation today at: 619-405-0063

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You have the right to remain silent and refuse to answer questions. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.