Sex Crime Charge in California - How Can a Lawyer Help Me?

Sex crime charges in any state are severe and could seriously affect the life of the accused and someone that faces a conviction to the point that these allegations are life-altering. A lawyer helps the defending party refute the charges or enter into a plea bargain in usual circumstances to mitigate the damage that possible penalties may bring.

The Type of Sex Crime

There is a variety of sex crimes that the victim may accuse the individual of causing which may change the way the legal defense works. The type of charge could include forcible or statutory rape, sexual assault, child pornography or sexual assault of a minor or engaging in sex for pay. The more serious the charges, the greater the defense team will need to work for the individual. If the matter involves the charges of sex crimes with a minor, this could demand extensive work in both legal defense and working the community to not attack or harm the accused.

The Initial Assistance

The lawyer will need to work first by investigating the matter. This could also include gathering evidence, interviewing witnesses and watching or listening to surveillance feeds. The more evidence exists, the more time the lawyer will need to consider and examine everything. Then, he or she can determine the best way to strategize through the court case and defend the accused against the charges. If there are aggravating factors such as severe injury to the victim or additional crimes involved, this may take more time and an extensive investigation to uncover everything to defend the accused within the courts.

The First Time Offense

Many legal issues that proceed to prosecution will not progress through the entire trial situation because the defending party and prosecuting lawyer are able to arrange a negotiation for a plea bargain. When the accused has strong evidence that supports the prosecuting argument, he or she will need to either gather the same strength in evidence to prove innocence or doubt in the case or attempt to negotiate a plea deal to mitigate the damage of a conviction. The lawyer helps facilitate this negotiation and will work his or her best to seek the most reasonable outcome.

Sex Crime Charges

Depending on what the defendant receives charges of, he or she will need a specific type of defense against these crimes. For certain charges, he or she will need to prove a lack of intent such as possession of child pornography or corruption of a minor. Other charges are invalid because of certain educational, business or religious affiliation with the activities. With the specific intent to educate the masses or provide society with a benefit, the incident does not generally involve a crime. This is an important factor when faces sex crimes charges and possible penalties for conviction.

Proving a Connection to the Crime

With criminal prosecution, the burden of proof is on the opposing legal team and not the defendant. However, while the other side must prove the connection to the criminal activity, the defending legal team must refute the charges and prove that the individual did not commit any sex crime. In some instances, there is a defense in the wrongly accused person. If the victim did not get a good look at the attacker, or the location lacked the light to see properly, the accused may remain the incorrect person throughout the trial. With a solid alibi, the defendant may increase the possibility of a not guilty verdict.

For sex crimes that involve a minor, the defendant may need to know that the other person is under the age of consent. If the involved party never reveals his or her correct age, has identification with a fake age or lies repeatedly, the individual accused may have a valid defense depending on the situation. This generally is a viable defense for statutory rape and child pornography or sexual relations with someone under the age of eighteen in California. However, if there is violence, this could diminish the argument refuting the charges. Similarly, the accused may have a weak defense with any minor that does not appear older.

Legal Support in California for Sex Crimes

Charges can change the life of the accused even if acquitted. He or she will need the services of a criminal defense lawyer versed in sex crimes in the state of California. A valid argument is crucial along with evidence that lacks the intention to commit the illegal acts.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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