Accused of a sex crime? You need a hard-hitting Los Angeles sex crimes lawyer.
When facing accusations of a sex offense, the stakes couldn’t be higher.
Sex crime accusations carry a profound stigma that can impact every aspect of your life, from your relationships to your career and reputation.
Even if your case never reaches a courtroom, the mere allegation can be enough to cause lasting damage to your personal and professional relationships.
With an experienced Los Angeles criminal defense attorney at the scene early on, you stand the best chance of not only beating the allegations against you, but also protecting your personal and professional reputation.
Practicing since 1984, attorney Robert M. Helfend has successfully defended hundreds of sex crimes cases, earning accolades from SuperLawyers, Lead Counsel and the National Trial Lawyers Top 100.
Call 800-834-6434 to schedule your free consultation.
- Why hire the Helfend Law Group for your case?
- What is considered a sex crime in California?
- What happens if someone accuses me of a sex offense?
- What should I do if someone accuses me of a sex crime?
- If I am arrested, how is bail handled in Los Angeles sex crimes cases?
- California sex crimes examples: Helfend Law Group sex crime practice areas
- Child molestation – Penal Code Section 288.5 PC
- Child pornography – Penal Code Section 311.11 PC
- Failure to register as a sex offender – Penal Code Section 290 PC
- Federal sex crimes
- Indecent exposure – Penal Code Section 314 PC
- ‘One Strike’ cases – Penal Code Section 667.61 PC
- Oral copulation with a minor – Penal Code Section 287 PC
- Rape – Penal Code Section 261 PC
- Revenge Porn – Penal Code Section 647(j)(4) PC
- Sexual assault & sexual battery – Penal Code Section 243.4 PC
- Sex offender registry removals
- Solicitation of a prostitute – Penal Code Section 647(b) PC
- Statutory rape – Penal Code Section 265.5 PC
- Penalties for sex crime charges in California
- Defenses against sex crime charges
Why hire the Helfend Law Group for your case?
As we mentioned above: This is not a time to work with a public defender, a junior attorney or a criminal defense lawyers who don’t have the time to manage your case personally.
Attorney Robert M. Helfend handles every case taken by the Helfend Law Group personally, and he brings more than 40 years of experience to every case he represents. He is a specialist in sex crimes cases, having defended hundreds of sex crimes cases, from simple sexual assault and lewd acts cases to complex child pornography cases.
When you work with the Helfend Law Group, you get:
- Personal attention
- Thorough investigation of your case and separate forensic evaluation
- End-to-end care, taking your case to trial if needed
What is considered a sex crime in California?
California law doesn’t specifically define “sex crimes.” Instead, state law outlines various offenses involving sexual misconduct, each with their own elements and penalties. They are often collectively referred to as “sex crimes.”
Sex crimes are serious offenses, and they can result in significant legal penalties, including jail time and mandatory sex offender registration.
Depending on the specifics of the case, a sex crime conviction can also result in the loss of professional certifications, limiting your ability to find work. It can limit where you are legally allowed to live, and it can jeopardize your immigration status.
What happens if someone accuses me of a sex offense?
Every case is different, but below is a general outline of how a typical sex crimes case might unfold:
- The alleged crime is reported
- The accuser is interviewed
- Forensic investigation
- “Pretext call” – In a pretext call, police can have the accuser make a phone call to the suspect in order to secure a confession while the suspect is unaware that police are listening in.
- Investigation of other misconduct
- The suspect is interviewed
If there is enough evidence to support it, the suspect can then be arrested by law enforcement and charged with a sex offense.
What should I do if someone accuses me of a sex crime?
If you are accused of a sex crime in Los Angeles, your actions in the immediate aftermath can significantly impact the outcome of your case.
Here are critical steps to take to protect your freedom:
- Do not speak to law enforcement without an attorney present. Even if you believe you can “clear things up,” anything you say can be used against you. Politely but firmly assert your right to remain silent until your lawyer is present.
- Retain an experienced defense attorney. Engage a criminal defense law firm as soon as possible. Your attorney can guide you through the legal process, protect your rights and begin crafting a defense strategy tailored to your case.
- Avoid contact with the alleged victim. Reaching out to the alleged victim or any potential witnesses could be misconstrued as witness tampering or intimidation, leading to additional criminal charges. Let your attorney handle all communication.
- Preserve evidence and records. Save any communications, photos, or other documentation related to the accusation. This evidence may help refute claims or provide context.
- Don’t talk about your case. Refrain from discussing the case with anyone besides your lawyer. This includes friends, family and especially social media, where statements can be misconstrued or used against you in court.
- Stay calm and composed. Being accused of a sex crime is overwhelming, but staying calm can help you make rational decisions and protect your freedom. Lean on your legal team for support and guidance throughout the process.
If I am arrested, how is bail handled in Los Angeles sex crimes cases?
In Los Angeles, bail amounts are typically determined by the Los Angeles County bail schedule, which assigns specific bail amounts to various crimes.
However, judges have the discretion to adjust these amounts based on factors such as the severity of the alleged offense, the defendant’s criminal history and the perceived risk to the community.
For sex crimes, bail amounts are often higher to reflect the gravity of the charges. In cases involving multiple counts, prosecutors may “stack” bail amounts, leading to a significantly higher total bail.
Additionally, the court may impose a Penal Code § 1275 hold, which requires the defendant to prove that bail funds are from legitimate sources and not from criminal activities. This process involves providing detailed financial documentation to demonstrate the legality of the funds used for bail.
Given the complexities of bail in criminal cases involving sex crimes, if someone you know has been arrested and charged with a sex crime, it’s a good idea to consult with an experienced criminal defense attorney who can navigate the bail process effectively.
California sex crimes examples: Helfend Law Group sex crime practice areas
The Helfend Law Group defends against all types of sex crimes. This includes:
Child molestation – Penal Code Section 288.5 PC
Child molestation is charged as “continuous sexual abuse of a child” under California Penal Code Section 288.5 PC. It involves an adult who, over a period of 3 months or longer, engages in three or more acts of substantial sexual conduct with a child under the age of 14, or commits three or more lewd or lascivious acts upon a child.
Important links:
Child pornography – Penal Code Section 311.11 PC
It’s illegal to create, sell or possess photographs, films or digital files that depict a person under 18 years of age engaging in or simulating sexual conduct. Even “sexting” a naked picture of a minor can get you in trouble for child pornography in California.
Some of the most common child pornography crimes prosecuted in California include:
- Child Pornography Possession
- Child Pornography Distribution
- Peer to Peer Sharing of Child Pornography
- Possession of Obscene Material
The consequences of child pornography charges are varied and can be extremely severe. A defendant may lose his or her job and may face ruined personal and professional relationships, not to mention social ostracism and even such extremes as threats of injury and worse. If convicted, a defendant may face imprisonment and fines.
At a state level, child pornography is a “wobbler” offense and may be charged as either a misdemeanor or a felony, depending on the particular circumstances. A defendant may also be face sentenced with multiple counts of child pornography possession at once, one for each picture, video or other material allegedly found in his or her possession. This means that the criminal penalties can quickly add up. If a defendant is charged in federal court, the penalties are even more severe.
Important links:
- What is child pornography?
- Read more about California’s child pornography laws
- Read more about using, persuading or coercing a minor to participate in pornography
Failure to register as a sex offender – Penal Code Section 290 PC
California law requires sex offenders to register with the local police every year, within five working days of their birthdays and any time they move to a new address. Failure to keep your registration current can lead to further penalties.
Important links:
Federal sex crimes
State governments are usually responsible for prosecuting sex crimes. However, in some cases, the federal government is allowed to get involved.
These are usually cases of an aggravated sex crime or a crime that crosses state borders. For example, if someone in California produces child pornography in their home, they likely broke the state’s law prohibiting child pornography. If that person sends the pornographic material to someone in another state, they could now find themselves in trouble with the federal government as well.
Indecent exposure – Penal Code Section 314 PC
Indecent exposure involves deliberately exposing one’s genitals to someone else with the intent to offend or for sexual gratification. It is sometimes charged in conjunction with the crime of “lewd conduct in public” (Penal Code 647a PC).
While indecent exposure carries a relatively light sentence in terms of jail time, it does carry a mandatory 10-year registration as a sex offender.
Important links:
‘One Strike’ cases – Penal Code Section 667.61 PC
“One Strike” charges can apply in cases where the victim is accused of committing a sex crime that also involves specific aggravating factors. These can include previous convictions for specified sex offenses, committing the offense during a burglary or kidnapping the victim.
The purpose of this law is to impose severe punishments for particularly heinous sex crimes, and punishments can range as high as life in prison.
Important links:
Oral copulation with a minor – Penal Code Section 287 PC
Oral copulation with a minor involves cases where someone older than 18 engages in oral sex with someone younger than 18. In cases where the oral sex was not consensual, this can also result in “oral copulation by force or fear” charges.
This crime is a “wobbler,” meaning it can be charged as either a misdemeanor or felony sex crime, depending on the facts of the case. In either case, it carries mandatory sex offender registration.
Important links:
Rape – Penal Code Section 261 PC
Rape is nonconsensual sexual intercourse accomplished by means of force, threats, duress, fraud or the victim being unconscious or unable to consent.
These can be among the most serious sex crime cases, as a rape conviction can carry significant jail time and lifetime sex offender registration.
Important links:
Revenge Porn – Penal Code Section 647(j)(4) PC
Revenge porn describes the act of intentionally distributing an intimate image of someone else when there was a previous understanding that the image would be kept private. Penalties for a revenge porn conviction can range as high as a year in county jail and up to $2,000 in fines.
Important links:
Sexual assault & sexual battery – Penal Code Section 243.4 PC
California law prohibits touching the intimate part of another person for purposes of sexual arousal, sexual gratification or sexual abuse when that person does not consent. This is sexual battery, which is also known as sexual assault.
Depending on the circumstances and the severity of the act, sexual battery can be charged as either a misdemeanor or a felony, with penalties that may include imprisonment and/or fines. If convicted, you might also be required to register as a sex offender.
Important links:
Sex offender registry removals
The California sex offender registry is a database of individuals living in the state that have been previously convicted of certain sex crimes. Appearing on California’s Megan’s Law database carries a number of requirements that can make it difficult to find a place to live, a job and otherwise live a normal life.
Depending on the circumstances around your conviction, it might be possible to be removed from the registry.
Important links:
- How to get removed from the California sex offender registry
- Read more about sex offender registry residency restrictions
Solicitation of a prostitute – Penal Code Section 647(b) PC
It’s illegal in California to ask, entice or encourage someone else to engage in prostitution. You do not need to actually engage in sexual intercourse in order to be charged for soliciting a prostitute.
As a result, police departments routinely run “stings” with officers posing as prostitutes. If you have been caught in one of these stings, it’s important to speak with experienced sex crimes defense lawyers.
Important links:
Statutory rape – Penal Code Section 265.5 PC
Statutory rape describes a case in which a person who is older than 18 has sexual intercourse with someone who was younger than 18 at the time of the encounter. Many states have “Romeo and Juliet” laws, which make it legal for two parties to have intercourse if they were around the same age, but that is not the case in California. It is always illegal to have intercourse with someone younger than 18.
Statutory rape can be treated as a misdemeanor sex crime or felony, depending on the facts of the case.
Important links:
Penalties for sex crime charges in California
Most sex crimes in California are either felonies or “wobblers.” Wobblers can be either misdemeanors or felonies, depending on the facts of the case and your criminal history. Penalties can include, but aren’t limited to:
- Jail time
- Fines
- Restraining orders
- Mandatory counseling
- Community service
Will I have to register as a sex offender?
If you are convicted of a sex offense, you might also be subject to mandatory sex offender registration. However, this isn’t Registered sex offenders have to update their information annually and anytime they move.
The California Sex Offender Registry has three tiers:
- Tier 1: You must register for a minimum of 10 years
- Tier 2: You must register for a minimum of 20 years
- Tier 3: You must register for the rest of your life
If you fail to update your registration, you can be charged with failure to register as a sex offender (under Penal Code 290 PC). Penalties for failure to register can depend on the original crime you were charged with, but it can range as high as three years for felons.
Defenses against sex crime charges
Sex crimes are rarely witnessed by anyone other than the accuser and the accused. Evidence is usually sketchy, if there is any evidence at all. This is how innocent people can get caught up in these cases.
A skilled criminal defense attorney can comb through the details of your case, raising critical pieces of evidence and witness testimony that can see your charges reduced or dropped entirely.
Call experienced sex crimes attorney Robert M. Helfend today for a free review of your case – 800-834-6434.
– Published January 22, 2013. Updated October 30, 2024.