California Defense Lawyers for Outstanding Arrest Warrants and Bench Warrants

An arrest warrant is an instrument of the court that is used to compel an individual to appear in front of any magistrate (like a judge). A bench warrant is issued by a judge to compel an individual to appear before that specific judge.

If you are concerned that there may be a warrant out for your arrest, there are three ways to find out.

  1. Do searches online. There are many California counties that make warrant information available online, but for the most part, the larger counties do not. You will need to know some information about the underlying case and, ideally, what court the case is in. Unfortunately, not all jurisdictions make warrant information available, so not finding a warrant online will not conclude with certainty that there definitely are not warrants. For the jurisdictions that do not make this information available online, you can usually call the court’s clerk to get this information.
  2. Go to a law enforcement agency and have them do a fingerprint check for any warrants. This is inexpensive, but the downside is that if you do have any warrants, you will be taken into custody at that time.
  3. Hire an investigator to do the research required to find out if there are warrants for your arrest. This is more expensive, but will allow you to take steps to properly prepare and handle the underlying issue the warrant is for.

We, as a law firm, routinely handle these kinds of investigatory matters– going to work before an arrest to protect our client from potential arrest and subsequent prosecution.

A warrant is not issued absent another matter, meaning handling a warrant can be a small part of dealing with the underlying matter itself.

In many cases, we are able to resolve the warrant and handle the criminal matter, all without the client ever having to appear.

Call us today to speak with one of our attorneys to find out about our investigatory services for outstanding warrants, arrest warrants, or bench warrants. The initial consultation is at no cost.

Hit and Run Charges in California: Hit and Run Causing Injury

In California, a driver who leaves the scene of an accident where someone is hurt can be charged with hit-and-run causing injury. Leaving the scene of an injury accident is a serious charge that requires an expert defense lawyer to safeguard the driver’s rights. The skilled defense attorneys of The Kavinoky Law Firm have extensive experience in defending California hit-and-run cases, and will fight hard to minimize or even eliminate the consequences of a charge of leaving the scene of an accident that caused bodily injury.

A driver can be charged with hit-and-run after leaving the scene of an injury accident even if he or she wasn’t at fault. California law requires every driver who causes or is involved in an accident to stop and exchange information. Hit-and-run is an extremely serious charge, even if the accident involves only property damage. If the crash results in a hit and run causing death or serious injury, the driver faces severe consequences that can include prison time.

A driver convicted of hit-and-run with injury in California faces repercussions that may include heavy fines, a driver’s license suspension, probation, and possibly even seizure of the driver’s vehicle and jail time. If someone other than the driver suffers serious permanent injury, a convicted hit-and-run driver faces up to four years in prison and a fine of up to $10,000.

However, there are many ways to soften or eliminate the consequences of a California hit-and-run charge. It’s possible to fight and win against a charge of leaving the scene of an injury accident with the right defense lawyer at the driver’s side. Keep in mind that the prosecutor has the burden of proving the driver’s guilt beyond a reasonable doubt. If just one juror isn’t convinced of the driver’s guilt, there can be no hit-and-run conviction.

Another option that can help the driver avoid jail time in a California hit-and-run case is alternative sentencing. In many cases, it may be possible to substitute community service, freeway cleanup, electronic monitoring, or another sentencing alternative for jail. Whether alternative sentencing is available depends on many factors, including whether the offense was charged as a misdemeanor or a felony, and whether alcohol or drugs were involved.

Prosecutors in California hit-and-run cases sometimes offer a plea bargain, where the driver pleads guilty in exchange for reduced charges and/or punishment. Sometimes inexperienced defense lawyers press their clients to accept a deal merely to resolve a case quickly, but a plea bargain should be just what the name suggests – a good deal for both the driver and the prosecutor.

In some cases, it’s possible to negotiate what’s known as a civil compromise, where the accused hit-and-run driver agrees to pay for any property damage and/or medical expenses incurred by the other party as a result of the crash. If a civil compromise is approved by the court, the driver will face no criminal charges for leaving the scene of the accident as long as reimbursement is accomplished.

Regardless of the circumstances surrounding a California hit-an-run charge, it may be possible to decrease or eliminate the repercussions. The knowledgeable defense lawyers of The Kavinoky Law Firm are experienced in every aspect of California hit-and-run law, and will fight to protect the driver’s rights and push for a favorable outcome. Contact a skilled defense attorney today for a free consultation.

California Defense Lawyers for the Three Strikes Law

Three strikes (3-strikes) is a sentencing scheme in California that dramatically increases punishment for people that are repeat offenders.

If you or someone you care about has been charged with a felony in California, and has a prior criminal record, it is critical to consult with a skilled Southern California Three Strikes Lawyer right away.

Choose the links below to learn about Sentencing Under the Three Strikes (3-Strikes) law, what “strikes” are, and how to defend against a Three Strikes (3-Strikes) case.

Sentencing Under Three Strikes (3-strikes)

Under California law a defendant who commits any felony, that has two or more “strike” priors, must be sentenced to at least 25-years-to-life in State Prison.

Under California law a defendant who commits any felony with one “strike” prior must be sentenced to a doubled term on the current felony.

BEWARE! The current felony does not have to be a serious or violent felony; any felony will do. It is where the prior convictions are serious or violent felonies that the Three Strikes (3-Strikes) law comes into effect.

Also unique in Three Strikes (3-Strikes) cases is the reduction in “good behavior” credits. A defendant who commits a felony with one “strike” prior must serve at least 80% of their sentence in prison; good behavior credits cannot exceed one-fifth of the total prison term. Compare this to non-strike cases, where up to 50% of the sentence may be reduced because of good behavior credits.

If you or someone you care about has been charged in a Three Strikes (3-Strikes) case, please consult with a qualified California Three Strikes (3-Strikes) defense attorney right away.

What is a Strike?

A strike is a prior conviction of a serious or violent felony. They are listed in the California Penal Code. Serious felonies are listed at Penal Code Section 1192.7 (c), while violent felonies are listed at Penal Code Section 667.5 (c).

The California Three Strikes (3-Strikes) law went into effect on March 7, 1994. This means that the current felony must have occurred after the effective date to trigger Three Strikes (3-Strikes) sentencing. However, the prior strike convictions could have occurred at any time. This means that priors from before March 7, 1994 count as strikes, even though the Three Strikes (3-Strikes) law had not been implemented yet.

Defending a Three Strikes (3-Strikes) Case

A skilled California criminal defense attorney can help. The first course of action is to determine whether there is a defense to the current felony case. Only a California criminal defense lawyer can assist in making this determination. It is therefore critical that if you or someone you care about has been charged in a Three Strikes (3-Strikes) case, that you consult with a skilled California criminal defense attorney at once.

It is possible to persuade the judge to dismiss a “strike” prior, and thereby avoid a 3-Strikes sentence. This can occur before, during, or after trial, up to the time that judgment is pronounced.

It is also possible to reduce a “wobbler” to a misdemeanor, and avoid a Three Strikes (3-Strikes) sentence. A “wobbler” is a case that can be charged as a misdemeanor or a felony. Although the prosecutor may be seeking a Three Strikes (3-Strikes) sentence by charging a “wobbler” as a felony, it is possible to persuade a judge to declare the current charge a misdemeanor, and avoid a Three Strikes (3-Strikes) sentence.

Where the current felony charge is drug-related, it is still possible to persuade the judge to allow diversion, although this is a decision that should not be made without first consulting a qualified California criminal defense lawyer.

If you or someone you care about is facing California criminal charges, contact a criminal defense attorney at once.

Visit Los Angeles, Orange County and Ventura, California based Criminal Defense Lawyer Darren Kavinoky’s Drunk Driving Guide website to get additional information about drunk driving (DUI / DWI) and California DUI laws and penalties.

Securities Fraud

Securities fraud, also known as stock or investment fraud, is the practice of using false information to entice investors to part with their money. Securities fraud typically results in substantial losses to investors and violates a number of federal laws. If you’ve been accused of securities fraud, it’s imperative that you contact an experienced California defense lawyer from The Kavinoky Law Firm today to begin mounting an aggressive defense.

Securities fraud cases are almost always prosecuted by the federal government rather than state authorities. The consequences of a securities fraud conviction include large fines, restitution payments and sometimes even jail or prison time.

In addition to deceptive practices in the stock and commodity markets, securities fraud also includes outright theft from investors and misstatements on a public company’s financial reports. The term also encompasses a wide range of other actions, including insider trading and front-running and other illegal acts on the trading floor of a stock or commodities exchange.

Securities fraud can also include intentionally false information on a company’s financial statement and Securities and Exchange Commission (SEC) filings; lying to corporate auditors; insider trading; stock manipulation schemes, and embezzlement by stockbrokers.

Corporate Fraud

Corporate securities fraud often involves allegations of insider trading and/or of making false statements about a company’s financial performance. Fraud by high-level corporate officials at companies such as Enron, WorldCom, and Tyco have garnered enormous attention in recent years, and prompted federal officials to launch an “aggressive agenda” against corporate fraud. FBI Director Robert Muller predicted in April of 2008 that corporate fraud cases will increase because of the subprime mortgage crisis.

Internet Fraud

Internet fraud exists in many forms, including pump-and-dump schemes, in which false and/or fraudulent information is disseminated in chat rooms, forums, internet boards and via e-mail (spamming), with the purpose of causing a dramatic price increase in thinly traded stocks, or stocks of shell companies (the “pump”).  When the price reaches a certain level, criminals immediately sell off their holdings of those stocks (the “dump”), realizing substantial profits before the stock price falls back to its usual low level. Any buyers of the stock who are unaware of the fraud become victims once the price falls.

The SEC reveals that Internet fraud resides in several forms, such as the following:

* Online investment newsletters that offer seemingly unbiased information free of charge about featured companies or recommending “stock picks of the month” are sometimes used for fraud.

* Bulletin boards that often contain fraudulent messages by hucksters.

* E-mail spam from perpetrators of fraud.

Insider Trading

Insider trading is the trading of a corporation’s stock or other security by corporate insiders that may include company officers, key employees, directors, or holders of more than ten percent of the firm’s shares. Some insider trading is illegal. In illegal insider trading, an insider or a related party trades based on non-public information obtained during the performance of the insider’s duties at the corporation, or otherwise misappropriated.

Microcap Fraud

In microcap fraud, stocks of small companies of under $250 million market capitalization are sold fraudulently to the public. Its prevalence has been estimated to run into billions of dollars each year. Microcap fraud includes pump-and-dump schemes involving “boiler rooms” and scams on the Internet. Many, but not all microcap stocks involved in frauds are penny stocks, which trade for less than $5 a share.

Accountant Fraud

In 2002, a wave of separate, but often related, accounting scandals became known to the public in the U.S. All of the leading public accounting firms—Arthur Andersen, Deloitte & Touche, Ernst & Young, KPMG, PricewaterhouseCoopers— and others have admitted to or have been charged with negligence to identify and prevent the publication of falsified financial reports by their corporate clients, which had the effect of giving a misleading impression of their client companies’ financial status. In several cases, the monetary amounts of the fraud involved are in the billions of dollars.

Boiler Rooms

So-called boiler rooms are stock brokerages that put undue pressure on clients to trade using telesales, usually in pursuit of microcap fraud schemes. Some boiler rooms offer clients transactions fraudulently, such as those with an undisclosed profitable relationship to the brokerage. Securities sold in boiler rooms include commodities and private placements as well as microcap stocks.

Mutual-Fund Fraud

A number of major brokerages and mutual fund firms have been accused of various deceptive acts that disadvantage customers, including late-trading and market-timing. Various SEC rules were enacted to curtail this practice.  Bank of America Capital Management was accused by the SEC of having undisclosed arrangements with customers to allow short-term trading

Short-Selling Abuses

Abusive short-selling, including certain types of “naked” short-selling, is also considered securities fraud because it can drive down stock prices. In abusive naked short-selling, stock is sold without being borrowed and without any intent to borrow.  The practice of spreading false information about stocks, to drive down their prices, is called “short and distort.” During the takeover of The Bear Stearns Companies by J.P. Morgan Chase in March of 2008, reports swirled that shorts were spreading rumors to drive down Bear Stearns’ share price. Sen. Christopher Dodd, D-Conn., said this was more than rumors, and said, “This is about collusion.”

ARE YOU ACCUSED OF ENGAGING IN SOME
FORM OF SECURITIES FRAUD?

If you have been accused of engaging in any type of securities fraud, a skilled California attorney from The Kavinoky Law Firm can help. Being accused of – and, in the worst case, convicted – of securities fraud violations can jeopardize your entire future.  Oftentimes securities fraud violations are considered to be crimes of moral turpitude, or extremely dishonest conduct.  Obtaining job, education, financing, professional licensure, loans, etc., is extremely difficult after a securities fraud conviction, so it’s imperative to aggressively fight the charges. Contact a knowledgeable California defense lawyer from The Kavinoky Law Firm today for a free consultation

 

Types of White Collar Crimes and Cases

White collar crimes are those that are commonly attached to businesses and business employees. The most common type of California theft is white collar crime. The difference between regular theft and white collar theft is that force or fear may be used in the commission of a regular theft, or regular theft may refer to unsophisticated, crude, impulsive acts. White collar crime is different, and usually refers to criminal acts that are more sophisticated or complex. This crime is the use of trickery or fraud rather than force or fear to convince an individual to entrust property to the thief. Typically, the victim of white collar crime is not the subject of violence, and he or she is generally not in fear of violence when unknowingly giving property to a thief.

Common forms of white collar crimes include larceny by false pretenses, embezzlement, trickery, and fraud. These are known as the common law offenses. However, there are wide-ranging white collar crimes that extend beyond the state of California and go into the realm of federal regulation.

A person accused of using unfair and deceptive trade practices can be prosecuted on either the state or the federal level, since California’s unfair and deceptive practices statutes draw heavily on the federal statutes. Unfair and deceptive trade practices cover such acts as false advertising. These statutes were developed with the essential purpose of protecting the consumer.

Securities and commodities are regulated by both the state of California and the federal government. Today, most of California’s rules mirror those of the federal law. For the most part, the Securities Exchange Acts that exist today are, in effect, protections for the integrity of the market. These protections create an even playing field for investors, which results in an open exchange of information. In other words, people who want to invest in the market do not have to be business insiders to make decent investment decisions. For this reason, audits and profit reports must be true and accurate. Further, insider trading is illegal. Insider trading is the buying, selling or trading of stocks based on information that is not known to the public. It is completely illegal for someone to trade stocks based on non-public information.

Securities laws are often extremely complex, and can hinge on the smallest details. It takes an extremely detailed and experienced lawyer to fight for a client against the resources of the state’s Attorney General or the SEC. The Kavinoky Law Firm can help now. Call for a free consultation and case evaluation.

Other white collar crimes include tax violations, regulatory, health, or environmental violations. Anti-trust is another white collar crime, but it is not exactly the type of crime a typical small business owner can commit. It is generally reserved for the giant corporations.

Fraudulently acquiring investments or business opportunities are white collar crimes. So is real estate fraud and construction fraud. While many of these crimes seem harmless, they are not. There are typically many victims who are left with nothing as the result of a white collar crime. The state or the federal governments are vigorous in prosecuting these crimes because they are trying to maintain the integrity in everyday business deals that the economy depends on. Therefore, it is crucial to find attorneys who will defend you more even vigorously than you will be prosecuted. The Kavinoky Law Firm will be of valuable assistance to you.

Penetration With a Foreign or Unknown Object

Sexual penetration with a foreign or unknown object, a sex crime in California, occurs when there is any penetration, no matter how slight, of the genital or anal opening of another, done for the purpose of sexual arousal, gratification or abuse, by any foreign object, substance, instrument, device or by any unknown object. Causing another to penetrate his or her own genital or anal opening for the same purpose will also constitute a sex crime offense, as will an attempt to penetrate. A foreign object, substance, instrument, or device includes any part of the body (other than a sexual organ) and an unknown object can include anything (including a part of the body) if the alleged victim does not know what is penetrating him or her. If convicted, the defendant faces severe penalties, which include up to nine years in prison for one offense (more if convicted of multiple acts), registration as a sex offender, pursuant to Penal Code 290, and a social stigma that will affect every facet of the defendant’s life. It is imperative that the accused hires a skilled California sex crime criminal attorney who knows how to successfully defend against this crime that will be viewed by the judge and jury as deviant sexual behavior.

The penalties for this offense vary. The less serious charges include situations where an individual penetrates a person under the age of 18 with a foreign or unknown object, or where a person so penetrates another who is incapable of giving consent due to a mental or physical disorder (a fact that was known or reasonably should have been known by the accused) and both the accused and the alleged victim are confined in a state hospital or treatment facility. Under either of these scenarios, the accused faces either a misdemeanor or a felony, punishable by up to one year in jail or prison and must register as a sex offender.

An individual who is over 21years of age and penetrates an individual younger than 16 years of age with a foreign or unknown object will automatically face a felony. If the alleged victim is under the age of 14 and more than 10 years younger than the accused, the accused faces three, six or eight years in prison. When charged with a crime against a child, it is even more critical that the accused retains counsel that specializes in this emotionally charged area of the law.

The more seriously punished cases involve force, threats or conspiracies. The accused will face a three, six or eight year prison sentence if he or she violated this law while using force, violence or threats of any kind to accomplish the act, or if he or she violated this law by penetrating an individual who wasn’t capable of consenting, due to a mental or physical disability (a fact that was known or reasonably should have been known by the accused), due to a state of intoxication (a fact that was known or reasonably should have been known by the accused), due to the fact that he or she was unconscious (a fact that was known by the accused) or by penetrating an individual who consented under the false belief that the accused was his or her spouse (a belief that was intentionally induced by the accused). The most serious charge results when the defendant is alleged to have voluntarily acted with another (either personally or by aiding and abetting the other) and penetrated the alleged victim with a foreign or unknown object and used force or violence to accomplish the act against that victim’s will. If proven, a five, seven or nine year prison sentence will be imposed.

The exceptional criminal defense lawyers at The Kavinoky Law Firm provide their clients with the most aggressive, carefully crafted and passionate defense possible. They have mastered this highly-charged area of the law and know how to effectively communicate all applicable defenses to the judge and jury. Contact them today for the most trusted legal advice and for a free consultation.

Oral Copulation (Penal Code 288a and 290)

Oral Copulation (Penal Code 288a and 290)

Oral copulation (Penal Code 288a) is any contact, however slight, between the mouth of one person and the sexual organ or anus of another. Oral copulation will be treated as a sex crime under a variety of circumstances (even if the crime is only attempted) and whether it is charged as a misdemeanor or a felony will primarily depend on the ages of the accused and the alleged victim, and on the circumstances that surrounded the charged incident. Depending on the severity of the offense, an individual accused of this crime faces up to eight years in prison and will definitely be required to register as a sex offender, pursuant to California’s Penal Code 290.

The most effective way to avoid these penalties is to hire a criminal defense lawyer who knows how to successfully and discretely defend these types of cases. The exceptional attorneys at The Kavinoky Law Firm have mastered this unique area of the law and are dedicated to helping their clients defend against the life-changing consequences that coincide with an oral copulation conviction.

Unlawful oral sex is a chargeable offense under a number of circumstances. It may be charged against any individual (even another minor) who participated in an act of oral copulation with another person who was younger than 18 years of age at the time of the incident as a misdemeanor, punishable by up to one year in jail, or as a felony, punishable by up to one year in prison. If the accused was over the age of 21 and engaged in oral copulation with another who was under the age of 16, he or she will be charged with a felony. The offense may also be charged against an individual who had oral sex with another who was under 14 years of age and more than 10 years younger than the accused, as a felony, punishable by a three, six or eight year prison sentence.

If the alleged victim engaged in oral copulation with the accused because the accused either forced him or her into doing so or threatened to hurt him or her or another if he or she didn’t, the accused faces a felony, punishable by three, six or eight years in the state prison. An individual will face the same sentence if he or she engaged in oral sex with an alleged victim who was unconscious (which was known by the accused), who was prevented from resisting due to intoxication (which was known or reasonably should have been known by the accused), who submitted under the belief that the accused was the victim’s spouse (a belief that was induced by the accused with the intent of inducing such a belief), who was reasonably convinced that he or she or another was going to be incarcerated, arrested, or deported, because he or she believed that the accused was a public official, or who was incapable of giving consent due to a mental or physical disability (a fact which was known or should have been known by the accused).

If the alleged victim suffered from a mental or physical disorder that rendered him or her unable to consent (and that fact was known by the person accused of committing the act) or was threatened or forced into the oral sex act and the accused was voluntarily acting in concert with another (either personally or by aiding and abetting that other person), he or she faces a felony, punishable by imprisonment in state prison for five, seven, or nine years.

Prisoners or those who engage in oral copulation with another while both individuals are confined in a state hospital or treatment facility will be charged with either a misdemeanor or a felony, punishable by up to one year in jail or prison.

The good news is that there are a variety of defenses that the skilled criminal attorneys at The Kavinoky Law Firm know how to effectively convey to the judge and jury that will cast reasonable doubt as to the validity of the charge. For unsurpassed legal advice and representation, contact them today for a free consultation.

Sodomy

Sodomy is a California sex crime that takes place when there is any sexual contact between the penis of one person and the anus of another. Sodomy may be charged as either a misdemeanor or a felony, depending on the severity of the case. Regardless of how it is classified, a conviction carries the requirement that the guilty party register as a sex offender, in accordance with California Penal Code 290. A skilled criminal defense lawyer who specializes in California sex crimes is the key to securing a favorable outcome, as he or she is the most qualified to represent a client charged with this type of emotionally unique and socially stigmatized case.

Sodomy, much like rape and oral copulation, may be charged under a variety of circumstances. The more aggravated the offense, the more severe the punishment. Some of the less serious sodomy charges involve situations where the accused (who can be any age) engages in sodomy with a person who is under the age of 18, where the accused engages in sodomy with another while both are incarcerated or where the accused engages in sodomy with another while both are confined in a state hospital or other treatment facility, and the alleged victim is incapable of giving consent due to his or her mental or physical disability (a fact which is known or should have been known by the accused). Under any of these scenarios, a defendant would face either a misdemeanor or a felony, punishable by a maximum one-year jail or prison sentence.

The other circumstances under which an individual may be charged with this crime lead to more serious penalties. Anyone over 21 years of age who engages in sodomy with another who is under 16 years of age will automatically be charged with a felony. Likewise, anyone who engages in sodomy with someone who is under 14 years of age and who is more than 10 years younger than he or she will automatically be charged with a felony and faces three, six or eight years in state prison. It should be noted that attempted sodomy will be criminally prosecuted as well, since the act would have been accomplished but for some intervening force (which typically means that the alleged victim was able to defend against the unwanted act).

Any force, intimidation or threats that the accused used in order to sodomize the alleged victim will also lead to a three, six or eight year state prison sentence. Similarly, if the alleged victim was unconsciousness at the time of the alleged offense (and that fact was known by the accused), or lacked the capacity to consent due to intoxication (and that fact was either known or should have been known by the accused), consented (believing that the accused was his or her spouse because the accused induced him or her into believing so) or lacked the capacity to consent due to a mental or physical disability (and that fact was either known or should have been known by the accused), the accused will face the same three, six or eight year state prison sentence.

The most aggravated sodomy offense occurs when an individual voluntarily acts in concert with another person, either personally or by aiding and abetting that other person, to engage in sodomy against the will of the alleged victim. Under that type of scenario, the accused faces imprisonment in the omit state prison for five, seven or nine years. It must be noted that consecutive sentencing applies to California sex offenses, which means that a defendant convicted of multiple illegal sex acts could actually be imprisoned for life.

The outstanding criminal attorneys at The Kavinoky Law Firm meticulously analyze and review all the facts of every case to determine what defenses will be the most effective and which evidentiary issues might lead to a reduced charge or an early dismissal. They have mastered California sex crime defense, which is clearly revealed in their skill and practice. For the most trusted legal advice and unequaled representation, contact the Kavinoky law firm today for a free consultation.

Sexting

Prosecutors are increasingly targeting adolescents for “sexting” – sending naked or sexually suggestive pictures of themselves with cell phones or posting them on the Internet. These “sexting” teens can face charges of possessing or distributing child pornography.

While no one wants to see their teenager “sexting” – these images can negatively impact a teen for years to come – prosecuting adolescents under child porn laws isn’t the answer. However, although several judges have barred prosecutors from pursuing these charges, your child’s reputation could be harmed by any involvement in this type of investigation. If your teenager is involved in a “sexting” investigation in any way, it’s important to consult with an experienced lawyer.

California child pornography charges carry extraordinarily harsh repercussions that can include incarceration and lifetime sex offender registration. Even a teenager convicted of child porn for relatively harmless “sexting” could face this punishment, so it’s critical to fight aggressively for your teenager’s rights.

Teenagers with access to technology are naturally going to push the boundaries, and adolescents are bound to experiment. Even teens who send a photo to only one other recipient with no intention of distributing the image more widely have been targeted by “sexting” Be sure to educate your teen about the hazards of “sexting” and the dangers of being charged with child pornography.

An attorney who completely understands California’s child pornography laws and the issues surrounding “sexting” is your family’s best protection against overzealous prosecution. For more information about “sexting” and child pornography laws, please contact a skilled criminal lawyer from The Kavinoky Law Firm today at 1-877-4-NO-CUFFS for a free consultation.

Sex Crime Charges

California Sex Crime Charges

There are many criminal charges that can be filed in a California sex crime case, and all of them carry potentially harsh punishment that can include jail or prison time and mandatory registration as a sex offender.  Fortunately, an experienced California defense lawyer can aggressively fight a sex crime charge. The top California defense lawyers of The Kavinoky Law Firm are well-versed in the most advanced defenses to sex crime charges, and will take every step available to fight for your rights.

California sex crime charges fall into two categories – misdemeanors and felonies. The main difference between the two is the possible punishment they carry. Misdemeanors are punishable by up to one year in county jail, and can also result in a number of other penalties, including fines and sex offender registration. Felonies are punishable by a year or more in state prison and other substantial repercussions. Some California sex offenses fall into a category of offenses known as wobblers, which means they can be charged as misdemeanors or felonies. Prosecutors often choose to charge wobbler sex offenses as felonies because of the potential for harsher punishment.

These are some of the charges that can be filed in a California sex crime prosecution:

Internet pornography – also called sexually exploiting a child – can be charged against an adult who knowingly develops or exchanges any data or images that depict a minor engaged in sexual conduct. Advertising or distributing obscene materials or possessing such materials with the same content can also result in criminal charges.

Lewd or lascivious acts can be filed as a felony against an individual who willfully and lewdly commits a lewd or lascivious act with a child under the age of 14 or as a misdemeanor or felony against a person who does so with a child who is 14 or 15 years old if the accused is at least 10 years older than the child. Lewd or lascivious acts are prohibited under California Penal code section 288.

Rape can be charged against anyone who has sexual intercourse with someone (who is not the spouse of the accused) either against that person’s will or without that person’s consent. Spousal rape can be charged under similar circumstances when the accuser and the defendant are married. Statutory rape may be charged under any circumstances where the alleged victim is under 18.

Oral copulation charges can be filed if the accused either gives or receives oral sex with any person against his or her will. A sodomy charge can be filed when an individual’s penis or anus comes into contact with the penis or anus of another against that person’s will. If the accused uses a foreign object to penetrate the genital or anal opening of another under any of these circumstances, the individual can face additional charges.

Indecent exposure is a California sex crime charge that can be brought against an individual who either exposes him- or herself or persuades another to do so in a public place (or in a private home without consent) if the action is either offensive or done to provoke vicious or lewd thoughts.

Prostitution (California Penal code 647b) and/or pimping and pandering charges can be brought against an individual who solicits a prostitute, runs a “brothel” or procures another for the purpose of prostitution. If the accused is pimping a minor or pandering with a minor, additional repercussions can be applied.

Authorities can file bigamy charges against an individual who is simultaneously married to more than one person. Incest charges can be brought against individuals who marry or have sexual relationships with one another.
An individual who sexually assaults an animal for his or her own sexual gratification will be charged with sexually assaulting an animal.
Abduction for marriage may be charged against an individual who either forces a woman to marry him or another or against an individual who causes a woman to be defiled.

An individual who commits an act that is sexual in nature against a minor and thereby causes that minor to become a dependant of the state can be charged with contributing to the delinquency of a minor. Any sex offense that is committed against a minor will likely result in enhanced sentencing, as that is typically considered an aggravating factor.

The bottom line is that California sex crime charges carry extremely harsh penalties, and your only chance of avoiding them is to fight back with the help of a skilled attorney. The experienced California defense lawyers of The Kavinoky Law Firm are skilled in every aspect of defending sex crime charges, and will do everything possible to safeguard your freedom and your reputation. Contact a top California defense attorney today at 1-800-NO-CUFFS for a free consultation.