Sex Crimes

 

Sex crimes are among the most vigorously prosecuted crimes in California. Being charged with a sex crime is a very traumatic experience. Jail or prison time is a possibility, and conviction for even a 'minor' sex crime requires lifetime registration as a sex offender. The consequences for a sex crime conviction are severe, and they merit the most skillful and aggressive legal defense. The attorneys of the Law Offices of Grech & Firetag can provide the expert representation you need at this difficult time.Contact us today to schedule a complimentary consultation so we can begin planning your defense.

Types of Sex Crimes
Many offenses in California law fall under the umbrella term "sex crimes," including:

 

• Rape (including date rape, spousal rape, and statutory rape)
• Sexual abuse and/or battery
• Child sex crimes including indecency with a child, molestation, sexual abuse, enticement, exploitation, and child procurement
• Sexual misconduct with a minor or child annoying
• Lewd conduct
• Indecent exposure
• Pandering, prostitution, and solicitation of prostitution
• Internet pornography
• Possession of child pornography

 

If you have been arrested for or charged with any of these crimes, or even if you are being investigated as under suspicion for committing a sex crime, you need a defense attorney to help ensure that your legal rights under the Constitution and in accord with California law are protected.

Penalties for Sex Crimes
A district attorney or federal prosecutor has a significant amount of discretion regarding the charges issued for sex crimes. Many of these offenses may be punished by life imprisonment even when no force was involved.  New laws prohibiting a grant of probation prevent judges from showing leniency even when it is in the best interest of a child.

 

Many California sex crime charges are considered "wobblers," which means that the crime could be charged as either a felony or a misdemeanor, depending on factors such as:

 

• The seriousness of the crime
• Whether any injuries were incurred by a victim, and the severity of the injuries
• The age of the victim(s)
• The length of time for which some sex crimes were committed

 

In many cases of sex offenses such as child molestation, every alleged instance of sexual touching or penetration can be charged by the district attorney as a separate count, and the sentences following conviction can be aggregated and potentially run consecutively (one after the other), which can result in prison sentences of more than 100 years.

 

What To Look Out For
If you have been accused or are about to be accused of sexual misconduct with an underage person, several governmental agencies may become involved.  Social workers from a County Child Protective Services Agency, Detectives, Counselors, etc., may speak with the complaining child.  In cases of divorce where child custody is an issue, the importance of ferreting out false complaints of child abuse cannot be overstated. 

 

Unfortunately, too many social workers, detective and counselors assume the complaints are true without ever critically examining the complaint or the complaining witness.  Sometimes the complaining child will only be afforded one opportunity to give a detailed statement.  This prevents the defense from examining carefully the way a child’s story may change signaling the possibility of fabrication, manipulation by an adult or simply an imagined event.

Pretext Calls
Frequently police will encourage and participate with a child in placing a phone call to the suspect and secretly taping that call.  The child will demand an apology for conduct which is often left unclear.  If the adult apologizes to placate the accuser, the taped conversation can be introduced in court as ad admission or confession.

What We Can Do for You
An individual accused of a sex crime still has guaranteed rights of due process under the Constitution — rights that deserve to be protected. At Grech & Firetag we will work with you from the earliest time possible to prevent the filing of false charges.  Early intervention by our attorneys and investigators have resulted in decisions by police and District Attorneys not to file charges.  In other instances, early involvement of your defense team allows the preservation of evidence which law enforcement may ignore or destroy. 

 

We work to get your charges reduced or eliminated, and if your case goes to trial, you will have the level of representation you need to achieve the best possible outcome for your case. Contact the law offices of Grech & Firetag today to arrange a no-fee consultation, and we will discuss all of your options with you.