Law Office of John W. Noonan
925-463-3340 Call For A Free Initial Consultation Se Habla EspaƱol Available 24/7

Spotlight on AB 2888: Considerations, questions in sex crimes cases

Many people strongly believed that legislative changes would follow in the wake of the massively reported sex crimes case of an ex-Stanford student athlete that recently culminated in his release from custody after a three-month incarceration period.

The sentencing judge in the case was roundly excoriated in the media and ultimately removed from criminal cases.

The court's ruling "was unjustifiable and morally wrong, however, under current state law it was within his discretion," stated one California Assembly member recently.

That legislator's comment came in the context of a new law that took legal effect on the last day of September. Gov. Jerry Brown signed Assembly Bill 2888 on that day, which materially revised state law that was in effect until that date.

Prior law accorded judges considerable discretion in their sentencing determinations regarding sexual assault committed in cases involving intoxicated and/or unconscious victims.

With a stroke of his pen, the governor removed that discretion by imposing minimum sentencing outcomes in defendants in such cases.

"As a general matter," noted Brown, "I am opposed to adding more mandatory minimum sentences." Notwithstanding his reluctance to do so, though, the governor signed AB 2888 out of a belief that "it brings a measure of parity to sentencing for criminal acts that are substantially similar."

What that means going forward is no differentiation in cases where victims are deemed incapable of giving consent because they are unconscious or intoxicated.

Legions of proponents laud the new law, but some commentators will undoubtedly note the uncertainty and complexity that can arise with issues surrounding consent in a sexual context. A judge in a given case who believes that serious questions exist regarding consent and that there is reasonable cause to exercise discretion to mete out a lesser sentence to a defendant will no longer have that discretion.

We will keep readers duly informed of any material developments or relevant news stories that emerge regarding AB 2888 in the wake of its recent passage.

Recent Case Results

  • Drunk Driving Offenses

    John was able to get client a reduction of charge of a DUI because of being a nurse it could mean her license.

    He secured a Drunk in Public , and she would attend a 3 month program. Additionally, the dmv hearing was also set aside.

    Both being a win for the client.

    Read More
  • Domestic Violence

    A client was arrested for a Felony Domestic Violence, could have devastated her potential for future employment. John was able to get the case dismissed. Client was thrilled.

    Read More
  • Juvenile Charges

    A juvenile was arrested for 2nd Degree Robbery. After 6 months the case was dismissed.

    A juvenile was arrested for Sexual Battery. After 6 months and 80 hours of Community service, the case was dismissed.

    Read More
  • Drunk Driving Offenses

    A client with a 1st DUI arrest. Fearing she would go to jail; lose her license for a year and lose her job. Got a wet reckless and minimal fines.

    Read More
  • Drug Charges

    A client with 4 Felony charges on a Transportation Charge, a Attempt to Sell, Possession of Marijuana, (50 pounds), Conspiracy Charge all where reduced to 1 Misdemeanor. No Jail.

    Client was charged with 6 Felony drug possessions. Facing jail time. The results: Client got a deferred entry of judgment and then dismissed.

    Client charged with several felony counts of possession of Marijuana with intent to sell. Client was involved in a medical marijuana grow. Case was reduced and later dismissed.

    Read More
  • Sex Crimes

    A client with alleged 2 Felony Sex charges and he faced jail and sex registration. The case was entirely dismissed.

    Client charged with prostitution; facing jail time and sex offender registration. Result: NO JAIL TIME AND NO SEX OFFENDER REGISTRATION Deferred Entry of Judgment.

    Read More
  • Domestic Violence

    Client charged with domestic violence, with great bodily injury. Case reduced to a misdemeanor with time served.

    Read More
Email Us For A Response

Learn How We Can Help

Contact Information

Areas We Serve

Dublin Office
6379 Clark Avenue
Suite 250
Dublin, CA 94568

Phone: 925-463-3340
Fax: 925-479-0015
Dublin Law Office Map

Manteca Office
210 East Center Street
Suite 10
Manteca, CA 95336

Phone: 925-463-3340
Fax: 925-479-0015
Manteca Law Office Map

Back To Top