California Sex Crimes Defense Attorney

At Summit Defense, our Bay Area sex crimes lawyers fight for people accused of sex crimes in San Francisco, San Jose, Oakland, Sacramento, and throughout Northern California. If you are facing sex crime charges, you need a California sex crimes lawyer who understands the serious nature of these accusations and will fight to protect your rights, your reputation, and your future.

Sex crime accusations can turn your life upside down. Even before a conviction, you may face public shame, job loss, and damaged relationships. Our legal team has helped many clients achieve favorable case results and we are ready to help you too. Every case we take is handled with complete discretion and confidentiality.

Sex Crime Charges We Defend in the Bay Area

California law covers a wide range of sex offenses. Each charge carries its own set of penalties and legal definitions. Our sex crime defense attorneys in California handle every type of case, from misdemeanor offenses to serious felony charges. Below are the most common types of sex crime charges we defend.

Rape and Sexual Assault

Rape charges under California Penal Code 261 involve sexual intercourse without consent. Sexual assault includes any unwanted sexual contact achieved through force, threats, or when the victim cannot consent. These are among the most serious charges and carry harsh prison sentences.

Statutory Rape

Under California law, statutory rape occurs when someone has sex with a person under 18 years old. Even if the minor appeared to consent, California law treats this as a crime. Penalties depend on the age gap between the people involved and whether the charge is filed as a misdemeanor or felony. Learn more about the punishment for statutory rape in California.

Sexual Battery

A sexual battery charge involves unwanted touching of another person for sexual gratification. This can be charged as a misdemeanor or felony depending on the facts. Felony sexual battery charges apply when the victim was restrained or the touching involved fraud or a position of authority.

Child Molestation

Charges for child molestation under Penal Code 288 are among the most aggressively prosecuted in California. These cases involve lewd or lascivious acts with a child under 14. Convictions carry long prison terms and mandatory lifetime sex offender registration.

Child Pornography

Possession, distribution, or production of child pornography is a serious crime under both California and federal law. Charges can result from images found on computers, phones, or other devices. Even a minor in possession of child pornography can face criminal charges under California law.

Indecent Exposure

An indecent exposure charge under Penal Code 314 involves willfully exposing yourself in a public place. A first offense is usually a misdemeanor, but repeat offenses or exposure in front of minors can result in felony charges and sex offender registration.

Internet Sex Crimes

Online sex crimes include soliciting minors through the internet, distributing sexual images without consent, and sexting involving minors. Many of these offenses fall under federal crimes jurisdiction, which means even tougher penalties and federal sentencing guidelines.

Human Trafficking

Human trafficking charges involve compelling someone to perform sexual acts through force, fraud, or coercion. California imposes some of the harshest penalties in the nation for sex trafficking, including lengthy prison sentences and heavy fines.

Penalties for Sex Crime Convictions in California

Sex crime convictions in California carry severe consequences. The exact penalties depend on the specific offense, the circumstances of the case, and your criminal history. Here is what you could face.

Criminal Sentences and Fines

Penalties vary widely based on the charge:

• Misdemeanor sex crimes: Up to 1 year in county jail and fines up to $2,000
• Felony sexual battery: 2 to 4 years in state prison
• Rape convictions: 3 to 8 years in state prison
• Child molestation: Up to 8 years for a first offense, longer for repeat offenders
• Child pornography possession: Up to 1 year (misdemeanor) or up to 6 years (felony) in state prison
• Human trafficking: 5 to 15 years or more in state prison

Courts may also impose heavy fines, restitution to victims, mandatory counseling, and probation conditions. For the most serious offenses, you could face life in prison. Understanding the statute of limitations on sex crimes in California is also important for building your defense.

Long-Term Consequences Beyond Prison

A sex crime conviction affects your life long after you serve your sentence:

• Mandatory sex offender registration (potentially for life)
• Difficulty finding employment because of background checks
• Loss of professional licenses and certifications
• Restrictions on where you can live (especially near schools and parks)
• Loss of child custody or visitation rights
• Immigration consequences, including possible deportation
• Permanent damage to personal and professional relationships

These consequences make it critical to work with an experienced sex crime defense attorney who can fight for the best possible outcome in your case.

Sex Offender Registration and Megan's Law in California

One of the most feared consequences of a sex crime conviction in California is mandatory sex offender registration. Under Penal Code 290, people convicted of certain sex offenses must register with local law enforcement. This information becomes part of a public database that anyone can search.

California's Three-Tier Registration System

Since the passage of SB-384, California uses a three-tier system for sex offender registration:

• Tier 1 (Minimum 10 years): Applies to less serious offenses like misdemeanor indecent exposure or certain sexual battery convictions
• Tier 2 (Minimum 20 years): Covers mid-level offenses including some felony sexual battery convictions and certain child pornography charges
• Tier 3 (Lifetime): Required for the most serious offenses including rape, child molestation, and sex trafficking

Understanding California sex offender laws is essential to knowing what you face. An experienced attorney can fight to avoid a conviction that triggers registration or work to place you in the lowest possible tier.

How Registration Affects Your Daily Life

Being on the sex offender registry creates ongoing hardships that last for years or even a lifetime:

• Your name, photo, address, and conviction details are listed on a public website
• You must check in with law enforcement regularly and report any address changes
• Landlords and employers can easily find your registration status
• You may be barred from living near schools, parks, or childcare facilities
• Travel restrictions may limit where you can go, both within the U.S. and abroad
• Community notification can lead to harassment from neighbors

Common Defenses Against Sex Crime Charges

Every sex crime case is different, and the right defense strategy depends on the specific facts and evidence. Our California sex crime defense attorneys examine every detail to build the strongest possible case. Here are some of the most effective defense approaches.

Consent

In many sex crime cases, the key issue is whether the alleged victim consented to the sexual activity. If we can show that the other person agreed to the contact, the charges may not hold up. This defense often involves text messages, witness statements, and other evidence of the relationship between the parties.

False Identification

Mistaken identity is more common than people think. Eyewitness identifications are often unreliable, especially when the incident took place in poor lighting or under stressful conditions. We can challenge lineup procedures, photo arrays, and other identification methods used by police.

Lack of Evidence

The prosecution must prove every element of the charge beyond a reasonable doubt. We look for gaps in the evidence, problems with how evidence was collected or stored, and errors in forensic testing. Lab mistakes, contaminated samples, and broken chain-of-custody rules can all weaken the prosecution's case.

Constitutional Violations

If police violated your rights during the investigation, we can fight to have evidence thrown out. This includes illegal searches, failure to read Miranda rights, coerced confessions, and improper interrogation tactics. Understanding your rights during the criminal process is a key part of your defense.

Alibi Defense

If you were somewhere else

when the alleged crime took place, we can gather evidence to prove it. This may include surveillance video, phone records, GPS data, witness testimony, and receipts or other documentation placing you at a different location.

False Accusations in Sex

Crime Cases

False accusations of sex crimes happen more often than most people realize. These cases can arise from custody battles, relationship breakdowns, revenge, jealousy, or simple misunderstandings. Unfortunately, even a false accusation can destroy your reputation and career before you ever set foot in a courtroom.

Why False Accusations Happen

Some of the most common reasons for false sex crime allegations include:

• Custody disputes where one parent tries to gain an advantage
• Breakups or divorces fueled by anger or revenge
• Financial motives or attempts to gain leverage in civil cases
• Misidentification by the alleged victim
• Pressure from family members or friends to make a report

How We Fight False Accusations

Our defense team takes false accusation cases very seriously. We investigate the accuser's background and motives, look for inconsistencies in their story, and gather evidence that supports your version of events. We may hire private investigators, forensic experts, and psychological consultants to build a strong defense.

How Our Bay Area Sex Crime Defense Attorneys Can Help

When you choose Summit Defense, you get a legal team with decades of combined experience defending against sex crime charges throughout Northern California. Our experienced defense attorneys bring deep knowledge of California sex crime law and a proven record of success.

What to Expect When You Hire Us

Here is how we approach every sex crime case:

• Free, confidential consultation to review your charges and explain your options
• Thorough investigation of all evidence, witness statements, and police procedures
• Development of a custom defense strategy based on the facts of your case
• Aggressive representation at every stage, from arraignment through trial
• Regular case updates so you always know where things stand

Areas We Serve

We represent clients facing sex crime charges throughout the Bay Area and Northern California. Whether you need a San Jose sex crime attorney or representation in San Francisco, Oakland, Redwood City, Burlingame, Pleasanton, San Rafael, or Sacramento, we are here to help. We also offer in-home consultations for clients who cannot travel to our offices.

Frequently Asked Questions About Sex Crime Charges in California

What should I do if I am falsely accused of a sex crime?

False accusations of sex crimes are more common than many people realize. They can arise from custody disputes, relationship conflicts, or misunderstandings. If you have been falsely accused, do not speak to police or the accuser without an attorney present. Contact a sex crime defense attorney right away. Your lawyer can preserve evidence, identify problems with the accuser's story, and build a defense to protect your rights and reputation.

Will I have to register as a sex offender if convicted?

Many sex crime convictions in California require mandatory sex offender registration under Penal Code 290. California uses a three-tier system: Tier 1 (minimum 10 years), Tier 2 (minimum 20 years), and Tier 3 (lifetime). The registration tier depends on the specific offense and circumstances. An experienced attorney can fight to avoid a conviction that triggers registration or advocate for the lowest tier possible.

How can a sex crime conviction affect my life?

A sex crime conviction can have devastating consequences beyond prison time and fines. These include mandatory sex offender registration (potentially for life), severe limits on where you can live and work, loss of professional licenses, damage to personal and professional relationships, immigration consequences including deportation, and loss of child custody or visitation rights. Fighting these charges aggressively with an experienced attorney is critical.

How much does a sex crime defense attorney cost?

The cost varies based on the severity of the charges, whether the case is a misdemeanor or felony, and how complex the defense is. Summit Defense offers free, confidential consultations so you can understand your legal options before making any financial decisions. Contact us today to discuss your case.

Can a sex crime charge be expunged from my record?

Some sex crime convictions can be expunged after you complete your sentence. However, serious felonies and offenses that require sex offender registration are harder to clear. California's tiered registration system under SB-384 allows some offenders to petition for removal from the registry after completing their minimum registration period. An expungement attorney can review your case and advise you on your options.

How long does a sex crime case take to resolve?

Sex crime cases often take 6 to 18 months to resolve. Complex cases with a lot of evidence, multiple victims, or expert witnesses can take even longer. Your attorney will work to move the case forward as quickly as possible while still building the strongest defense.

What if the accuser is lying?

False allegations happen in sex crime cases for many reasons, including revenge, custody disputes, and misidentification. Our defense team investigates the accuser's background and motives, finds contradictions in their story, and gathers evidence that supports your side. We may use private investigators, forensic experts, and psychological consultants to challenge false claims.

Can I avoid sex offender registration?

In some cases, a skilled attorney can negotiate a plea deal to an offense that does not require sex offender registration. Your lawyer may also be able to challenge the charges to get them reduced or dismissed entirely. Each case is different, so it is important to discuss your specific situation with an experienced sex crime defense attorney as soon as possible.

What is the difference between a sex crime attorney and a regular criminal lawyer?

Sex crime defense requires specialized knowledge of complex laws, forensic evidence, DNA testing procedures, and psychological factors. A dedicated sex crimes lawyer understands how these cases are investigated and prosecuted, and they know the most effective defense strategies. General criminal defense lawyers may not have this level of expertise, which can hurt your chances of a good outcome.

Facing Sex Crime Charges in California? Get Discreet Legal Defense Now

Sex crime allegations are among the most serious and life-altering charges you can face. Whether you are being investigated or have already been charged, the experienced defense attorneys at Summit Defense are ready to protect your rights, your freedom, and your future. We handle every case with the utmost discretion and confidentiality.

Serving clients throughout the Bay Area, including San Jose, San Francisco, Oakland, and Sacramento. Contact us for a free, confidential consultation, available 24/7.