Sex crimes refer to offenses that involve violence or lack of consent by one party to the sexual act. The consequences of being convicted of a sex crime in California are serious because in addition to jail time, those convicted may be required to register as a sex offender, a status that impacts housing, jobs, and future social opportunities. If you are facing charges of this nature, Dublin sex crime attorney John W. Noonan can potentially help. As a former prosecutor with over 55 years of experience, Mr. Noonan is prepared to diligently advocate for your rights and help you fight to protect your future. With offices in Dublin and Manteca, we proudly help individuals and families throughout the Tri-Valley area.Understanding Your Legal Rights When Facing Sex Crime Charges
A skilled attorney can challenge evidence that allegedly demonstrates fault for a sex crime. The burden falls upon the State of California to prove that the defendant is guilty of the alleged sex crime beyond a reasonable doubt. Physical and circumstantial evidence must be carefully reviewed by a defense attorney because weaknesses in the State’s case expose potential ways to reduce or dismiss the charges against the defendant.
According to law, the elements of sex crimes vary and the specific offense will dictate what the prosecution must show. According to California Penal Code section 243.4, the crime of sexual battery, for example, requires the state to show that the defendant touched the victim in a sexual, unwanted and offensive manner, with the purpose of sexual gratification.
Some crimes, such as possession and distribution of child pornography, are punishable under both California and federal laws. This particular crime requires the element of intent on the part of the defendant. Often, a strong defense to allegations of child pornography is that the defendant was unaware that they were accessing child pornography on the internet, and that it was accidentally possessed or received. A sex crime lawyer serving Dublin can help you develop a defense to either state or federal charges.
Regarding the crime of prostitution according to California law, the prosecutor will be required to show that the defendant willfully engaged in an act of sexual intercourse, or other lewd act, with another person in exchange for value. Lewd acts may include touching the private parts of another person, with the specific intention of arousing that person. The element of “willfulness” requires that the defendant have acted with deliberation, and not simply an intention to break the law.Defenses Against Sex Crime Charges
As a defendant facing a charge of a sex crime, it may be possible for you to defeat the charge or have the charge reduced to a less serious offense. A knowledgeable Dublin sex crime attorney can assess whether the state’s evidence is strong enough to support all of the charged offenses. For example, if there was consent to sexual touching, this may be a factor that aids in the reduction of your charges. In some situations, a constitutional defense may apply. If the defendant was not advised of his right to remain silent according to the Fifth Amendment, and instead signed a confession, a capable defense attorney may make a strong argument that weakens the prosecution's case. Other constitutional defenses that typically apply in sex crimes cases include violation of the Fourth Amendment, or the right to freedom from unreasonable search and seizure.
Convictions for sex crimes under California law can carry a wide range of penalties in terms of potential prison time and fines. Punishments vary depending on the defendant’s criminal history. For those convicted of a sex crime, the state may require registration as a California Sex Offender. This is not only inconvenient, it affects the accused for the rest of their life.Seasoned Dublin Lawyer for Defendants Charged With Sex Crimes
Attorney John W. Noonan is prepared to protect your rights if you or someone close to you is facing charges of a sex crime. Mr. Noonan personally handles each client’s case and brings decades of trial experience to his legal practice. Representation by an experienced criminal defense lawyer can make an enormous difference for people facing the serious allegations of sex crimes. Our office handles criminal cases throughout the East Bay and Tri-Valley Area, including in Pleasanton, Manteca, Hayward, Fremont, and Stockton. We can be reached 24 hours a day, seven days a week by calling (925) 479-0033 or contacting us online.