San Jose Sex Crimes Attorney

Defending Those Who Have Been Accused of Sex Crimes in the Bay Area

Allegations related to sex crimes are extremely serious. You face life-altering consequences, including stiff penalties, jail time, and/or lifelong sex offender registration. For a defendant guilty of a sex crime, the situation can create feelings of despair. For falsely accused defendants, the very nature of such charges often creates prejudice. Establishing a solid defense that protects your best interests might seem difficult. However, our San Jose sex crime attorney can use strategies to present your narrative.

At the Law Offices of Nick Cvietkovich, we understand how difficult facing charges of sex crimes can be. Our years of experience have allowed us the agency to develop effective defense strategies. As a result, we can use a team of experts to review the allegations against you. Police reports can be reviewed, evidence can be scrutinized, and witnesses can be cross-examined.

Have you been accused of a sex crime? Call the Law Offices of Nick Cvietkovich today at (408) 898-9770 or contact us online to schedule a free consultation with our sex crime lawyer in San Jose. 

What are the Penalties For Sex Crimes in California?

In California, sex crimes are taken very seriously, and the penalties can be severe. Below are some of the most common sex crimes in California, along with their potential penalties:

• Rape (Penal Code § 261): Rape occurs when someone engages in non-consensual sexual intercourse using force, threats, fraud, or when the victim cannot consent (e.g., due to intoxication or incapacity). It is a felony punishable by 3 to 8 years in prison, with harsher penalties in aggravated cases. Conviction also requires lifetime registration as a sex offender.
• Statutory Rape (Penal Code § 261.5): Statutory rape is sexual intercourse with a minor (under 18), even if consensual. If the offender is less than three years older than the minor, it is a misdemeanor punishable by up to one year in jail. If the age gap is larger, it becomes a felony with up to four years in prison.
• Sexual Battery (Penal Code § 243.4): Sexual battery involves unwanted sexual touching of another person’s intimate parts for sexual gratification, abuse, or arousal. It can be charged as a misdemeanor (up to one year in jail) or a felony (up to four years in prison). Felony convictions may also require lifetime sex offender registration.
• Lewd Acts with a Minor (Penal Code § 288): This crime involves any sexual touching of a child under 14 (or under 16 in some cases) with the intent of sexual gratification. It is always a felony, with penalties ranging from 3 to 8 years in prison, or more if force or coercion is used. Conviction also requires lifetime registration as a sex offender.
• Indecent Exposure (Penal Code § 314): Indecent exposure occurs when someone willfully exposes their private parts in public or in front of someone likely to be offended. A first offense is a misdemeanor punishable by up to six months in jail, while repeat offenses can lead to felony charges and up to three years in prison. Some convictions require lifetime sex offender registration.
• Possession of Child Pornography (Penal Code § 311.11): Possessing, distributing, or creating child pornography is illegal in California. A first-time offense can be a misdemeanor (up to one year in jail) or a felony (up to three years in prison), with harsher penalties for distribution or production. Convicted offenders may also have to register as sex offenders.
• Prostitution and Solicitation (Penal Code §§ 647(b), 653.22): Engaging in, offering, or soliciting sexual acts in exchange for money is illegal. A first offense is a misdemeanor punishable by up to six months in jail and a fine. Repeat offenses can result in increased penalties, including mandatory HIV testing and counseling.
• Sexual Exploitation of a Minor (Penal Code § 311.3): This crime involves using a minor to create, distribute, or possess obscene material. It is a felony punishable by 16 months to 3 years in prison. Conviction often results in mandatory sex offender registration.
• Human Trafficking for Sexual Purposes (Penal Code § 236.1): Human trafficking for sexual exploitation involves recruiting, transporting, or forcing someone into commercial sex acts. It is a serious felony punishable by 8 to 20 years to life in prison. Convicted offenders may also face lifetime sex offender registration and asset forfeiture.
• Failure to Register as a Sex Offender (Penal Code § 290): Sex offenders must register with law enforcement, and failure to do so is a crime. If the original offense was a misdemeanor, failure to register can lead to up to one year in jail. If the original crime was a felony, the penalty can be up to three years in prison.

Defenses Against Sex Crime Charges in California

Defending against sex crime charges in California requires strategic legal arguments. Here are some common legal defenses used in these cases:

• Consent: If the alleged victim consented to the sexual activity, this can serve as a defense to charges like rape or sexual battery. However, this defense is not valid if the victim was a minor, intoxicated beyond the ability to consent, or coerced into agreeing.
• False Allegations: Sex crimes are sometimes falsely reported due to personal motives like revenge, jealousy, custody battles, or misunderstandings. A defense attorney may challenge the accuser’s credibility, present evidence of ulterior motives, or use witness testimony and digital records to prove the allegations are false.
• Mistaken Identity: Victims may misidentify the perpetrator, especially in cases involving poor lighting, intoxication, or suggestive police procedures. DNA evidence, alibis, and surveillance footage can help prove the accused was not present at the scene.
• Lack of Evidence: The prosecution must prove guilt beyond a reasonable doubt. If there is insufficient physical evidence (such as DNA, injuries, or witness testimony), the defense can argue that the case is based on speculation rather than proof.
• No Sexual Contact Occurred: If the defendant can prove that no sexual act took place, the charges may be dismissed. This can be supported by alibi evidence, witness testimony, or digital records showing the accused was elsewhere.
• Entrapment: In cases like solicitation or online sex crimes, law enforcement may conduct sting operations. If the defendant was coerced into committing a crime they would not have otherwise committed, entrapment can be a valid defense.
• Age Misunderstanding (for Statutory Rape Cases): If the defendant reasonably believed the minor was of legal age due to deception (e.g., fake IDs or false statements), this may be a defense in limited situations. However, California law still holds that ignorance of age is generally not an excuse.
• Mental Incapacity or Insanity: If the defendant was mentally incapable of understanding their actions at the time of the crime, they may use an insanity defense. This requires expert testimony and proof that the defendant could not distinguish right from wrong.

Each defense depends on the specific facts of the case, and an experienced attorney can help determine the best strategy based on the evidence available.

For this reason, you should contact a San Jose sex crime defense lawyer. A legal professional can help work to reduce or dismiss charges. If you are a repeat criminal offender, an attorney can negotiate with prosecutors when necessary.

What Can a Sex Crime Investigation Reveal?

It is an unfortunate reality that charges of sex crimes are often the result of false accusations and have little basis in fact. They may be motivated by anger, jealousy, or the potential for financial gain on the part of the accuser. A thorough investigation of the facts, however, can reveal such motivations. Even if you are guilty of committing a sex crime, our office may still be able to help you. Negotiating with prosecutors may be the best approach in a given situation.

California law contains more than 100 separate statutes relating to sex crimes in the state. Many of these laws involve the age and consent of involved parties. Therefore, a full investigation of the circumstances surrounding your charges is the key to building a qualified defense. After all, an investigation could reveal supporting evidence that strengthens your case. For example, it could reveal that a party had altered motives or has mistaken your identity for someone else.

Contact The Law Offices of Nick Cvietkovich today to get started on your defense with our San Jose sex crime attorney.