Internet sting operations designed to catch adults who correspond with and try to meet children are becoming more widespread in California and around the nation. Undercover officers or organizations visit websites and enter chat-rooms, posing as children (typically about 13 years old, as the penalties are stiffer for soliciting a minor 14 and under) in an effort to lure adults into meeting for sex. Those working the operations then forward all incriminating information sent by the suspect directly to law enforcement.

The good news is that there are defenses for these types of Internet sting operations that a skilled criminal defense lawyer knows how to effectively argue. The laws regarding sex crimes and the Internet are constantly evolving and only those who focus on it are prepared to successfully defend against it. The outstanding criminal attorneys at The Kavinoky Law Firm specialize in California sex crime defense. They receive ongoing education and training with respect to the latest laws and cutting-edge trial strategies that are applicable to sex offenses (particularly with respect to the online world), enabling them to provide the most aggressive and vigorous defenses available.

The most common defense that will apply to an Internet sting operation is entrapment. An experienced criminal lawyer will argue that the undercover agent encouraged his or her client to commit a crime that he or she wouldn’t have otherwise committed. The intent of the accused becomes the critical issue, because the prosecution will attempt to rebut the entrapment defense by arguing that the defendant was ready and willing to break the law and that the undercover agent merely provided an opportunity for the accused to do so. A skilled sex crime defense lawyer will cast reasonable doubt in the minds of the jury, arguing that his or her client didn’t have the intent to commit the offense until he or she was induced or persuaded to do so by the decoy.

In a case where a sting operation has been set up to catch adults who are sending or receiving pornographic materials that depict children on the Internet, a defense attorney may argue that his or her client “mis-clicked” and therefore inadvertently received the material without the required criminal intent to do so. This defense is typically used when an individual opens a “pop-up” advertisement that is sent to his or her account – either directly or via his or her spam folder. The attorney will try to argue that the accused neither requested nor purchased the email and should therefore not be convicted of a crime that he or she inadvertently committed.

Sentencing for this type of offense is unique, as the crime is typically prevented before it occurs. As a result, a person involved in an Internet sting would likely be charged with attempted lewd or lascivious acts, which would result in half of the prison sentence charged for that offense. Because lewd or lascivious acts can be charged under a variety of circumstances, this sentence may range from six months in jail to four years in prison. It should additionally be noted that an individual charged with lewd or lascivious acts involving a child under 14 will be prohibited from having his or her sentence suspended unless the court receives a report from a reputable psychiatrist or psychologist.

The value in hiring a law firm that is devoted to passionately protecting the rights of their clients lies in the fact that they will be relentless in their pursuit of justice. The exceptional attorneys at The Kavinoky Law Firm will defend a sex crime case with energy, skill and integrity and discretion. The firm’s attorneys maintain an excellent reputation with the courts and with the prosecutors who routinely pursue these types of cases, which allows their clients to receive favorable deals and special consideration when required. With law offices located throughout California, they are conveniently located to serve anyone in need of a California sex crime defense lawyer. Contact the Kavinoky law firm today for a free consultation and for the best representation.

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.

Penalties For California Sex Crimes

Although they vary quite a bit, the prison sentences that accompany many California felony sex offenses are severe – some even resulting in lifetime incarceration. The best way to avoid these devastating penalties is to hire a criminal attorney who specializes in California sex crime defense.

The following are examples of some felony penalties. For a more thorough description of a specific crime and/or its punishment, click on the desired offense or visit our main menu. It should be noted that the punishment for most sex crimes involving violence, unconscious, sleeping or mentally incapacitated victims will be listed under an individual crime’s description.

An individual convicted of certain acts of rape (including spousal rape), rape in concert with another, lewd or lascivious acts with a child under 14 years of age, penetration with a foreign object, sodomy, oral copulation, or of the continuous sexual abuse of a child faces 15 years to life in prison (with no probation) if he or she committed one of these offenses while involved in the commission of another felony offense, while using a weapon or inflicting serious bodily injury on the victim, if the victim was restrained during the offense, if the offense was committed against two or more victims, if the accused administered a controlled substance to the victim during the commission of the offense, or if the accused acted in concert with another during the offense and either of the accused parties engaged in one of these activities. If the accused did two or more of these things during the commission of the offense, he or she faces 25 years to life in prison with no probation. The same penalty applies if the accused is convicted of any of the above-mentioned offenses and he or she had been previously convicted of one of those offenses, or if he or she committed one of these offenses while engaged in the commission of another serious or violent felony. In addition, if the accused is convicted of multiple charges against the same victim on different occasions (meaning that there was time between acts for the accused to reflect upon his or her actions before resuming the illegal sexual activity) or against different victims, he or she will receive consecutive sentences for each offense.

Anyone acting in concert with another, by force or violence and against the alleged victim’s will, who either personally commits or aids in the commission of a rape, a spousal rape or in the aggravated sexual abuse of a child will receive five, seven or nine years in state prison. It should be noted that when three sentencing options are available, the judge is required to impose the middle term unless aggravating or mitigating circumstances support either the higher or lower term.

An individual who has previously served 2 prison terms for any serious felony, and who, during the present offense, either inflicted great bodily injury on another or who used force that was likely to result in great bodily injury to another, will be labeled a habitual offender and will be incarcerated for life without the possibility of parole for the first 20 years. If the individual served 3 or more prior prison terms, he or she will be incarcerated for life without the possibility of parole. Bottom line: Anyone labeled a habitual offender faces a mandatory minimum 25 years in prison.

Clearly, an individual accused of a felony sex crime must hire a criminal defense lawyer who knows how to skillfully navigate through the sentencing elements that are imposed in connection with such crimes. The experienced attorneys at The Kavinoky Law Firm have mastered the complexities related to California sex crime defense. With law offices located in Los Angeles and throughout California, they are conveniently located to serve those in need of an aggressive California sex crime defense attorney. Contact The Kavinoky Law Firm today for a free consultation and for unsurpassed representation.

The California Three Strikes Law

California enacted a “Three Strikes Law” in March of 1994 that dramatically increases punishment for those who repeatedly commit “serious or violent felonies”. Many sex crimes constitute serious or violent felonies, which means that, under this law, a twice-convicted sex offender could face life in prison if he or she commits any subsequent felony offense. This is a very important reason why it is critical that an individual accused of a felony sex crime immediately contacts an experienced criminal defense lawyer who specializes in California sex crime defense, and who knows how to successfully challenge this law.

Under the California Three Strikes Law, sex offenses that are serious or violent felonies count as a “strike,” even if they were committed prior to the enactment of the Three Strikes Law, committed in another state, or committed as a juvenile. When an individual is charged with a felony (any felony, not just a serious or violent one) and has a prior “strike” on his or her record, he or she will be referred to as a “second-striker” and the sentence in the new case will be twice the term otherwise required by law. When an individual is charged with a felony – again, any felony – and has two prior “strikes” on his or her record, he or she will be referred to as a “third-striker” and will serve a minimum mandatory sentence of 25 years to life in state prison.

There are ways to defend against this sentencing schedule, but only a skilled criminal attorney has the knowledge to effectively do so. The unparalleled defense attorneys at The Kavinoky Law Firm have mastered the California laws that relate to sex crimes in order to provide the most comprehensive and vigorous defenses for their clients. They keep up-to-date on this complex and ever-changing area of the law, which includes the latest evidentiary rulings, policy debates and cutting-edge trial strategies.

When a client of The Kavinoky Law Firm faces a third strike offense, the first line of attack is the pending charge. The attorney will aggressively defend against the allegation to either acquit his or her client, to have the case dismissed or, at the very least, to try to reduce the charged offense. In a case where the open charge is a wobbler, the savvy lawyer knows the most effective ways to convince a judge that it should be sentenced as a misdemeanor, which avoids the California Three Strikes Law. The qualified attorney also knows what arguments are most likely to persuade a judge to dismiss a prior “strike” to similarly avoid a 3-strikes sentence. It should be noted that although the decision as to how to charge a wobbler lies in the hands of the prosecutor, it is ultimately the trial court that has the authority to reduce a felony charge to a misdemeanor at the time of sentencing.

California’s Three-Strike Law demands that anyone accused of a wobbler or felony sex offense hires an exceptional criminal attorney to defend against the severe penalty that this law imposes. This unfair, indiscriminate sentencing scheme allows a relatively minor misdemeanor sex offense to transform into a felony at the discretion of the prosecutor, which could result in a permanent strike on an individual’s record or worse, in a lifetime prison sentence.

With law offices in Los Angeles and throughout California, The Kavinoky Law Firm is conveniently located for those in need of an outstanding California sex crime defense attorney. To best avoid these devastating consequences, contact them today for a free consultation, for the most trusted legal advice and for unsurpassed representation.

Sex Offender Registration

Although California sex crimes can subject the accused to lengthy prison sentences and heavy fines, perhaps the most brutal penalty (because of its social stigma) that such an individual faces is registration as a sex offender, pursuant to Penal Code 290. California Penal Code 290 provides that an individual who is required to register as a sex offender does so for the rest of his or her life while residing, working or going to school in this state. Upon registration, he or she must pay $300 for a first conviction and $500 upon a second or subsequent conviction, to the Department of Justice in addition to any fines imposed in the current case.

The sex offenses that require registration include spousal rape when accomplished or attempted using force, violence or threats, most instances of rape, rape or sexual penetration when acting in concert with another, pimping and pandering with a minor, enticing a female unmarried minor into prostitution, procuring a child under 16 years of age for lewd or lascivious acts, committing a sex act where consent was procured by fear and false representations, aggravated sexual assault of a child, abducting a minor for prostitution, incest, lewd or lascivious acts with a child under 14, continuous sexual abuse of a child, sodomy, oral copulation, penetration with a foreign object, indecent exposure, certain crimes dealing with obscene materials, using harmful matter to seduce a minor, and conduct involving lewd or lascivious acts that fall under “contributing to the delinquency of a minor”.

The accused must personally register his or her primary address (or addresses if the accused has more than one address where he or she regularly resides) with his or her local law enforcement agency within 5 days of the requirement. A student or employee of a college or any other institution of higher learning must meet that same requirement and must also register with the campus police department (if there is one) within 5 days of the requirement, within 5 days of commencing enrollment or employment at such an institution, and within 5 days of leaving such an institution. All individuals are also required to update their information yearly, within 5 days of their birthday. An individual labeled a “sexually violent predator” (that is, one who has committed a sex offense by means of force, violence, duress or threats, and who has been diagnosed with a mental disorder that makes the accused a danger to the health and safety of others) is required to update his or her information every 90 days. The registering agency then passes the information along to the Department of Justice Violent Crime Information Network. People who live out-of-state but work in California must register in the same manner if they are registered sex offenders in the state in which they live. Changes of address or name changes must be reported within 5 days to one’s local agency as well. In addition, if an individual who has registered as a sex offender in California moves, he or she may further be required to register in any other state where he or she relocates. Failure to follow any of these requirements within the specified timeframe will be penalized with an additional criminal charge of either a misdemeanor or felony, depending on how the original charge was filed, punishable by up to one year in the county jail and fines up to $1,000 for a misdemeanor, or by 16 months or two or three years in state prison for a felony.

The consequences of registering as a sex offender are life changing. When charged with a California sex crime, it is critical that the accused hires a criminal defense lawyer who specializes in this unique area of the law in order to defend against this severe penalty. The exceptional criminal attorneys at The Kavinoky Law Firm have mastered California sex crime defense and have successfully defended countless individuals, treating each with compassion and respect. For an unparalleled defense, contact them at one of their Los Angeles or other California law offices today for a free consultation.

California has one of the most severe sentencing schedules in the nation commonly called the Three-strikes Law. Three strikes on one’s record may result in a life sentence without the possibility of parole. These laws apply to serious felonies, and many of this state’s sex crimes will qualify for prosecution under this law. When an individual is convicted of a qualifying serious felony, he or she will obtain his or her first strike, which will result in 15 years to life in the state prison or in 25 years to life in state prison. When faced with such a charge, the only way to hopefully avoid these devastating possibilities is to hire a criminal defense lawyer who has mastered this area of the law and who knows how to defeat a felony sex crime conviction.

Violent felony sex crimes are prosecuted as “one-strike”, “three-strike” or “habitual sex offender” crimes. Prosecutors are forbidden from engaging in plea bargaining over these offenses unless there is insufficient evidence to prove the people’s case, the testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in the sentence. The skilled criminal attorneys at The Kavinoky Law Firm critically evaluate every case in a diligent effort to uncover all of the flaws in the prosecution’s case that will encourage a plea bargain, knowing exactly how to convince a prosecutor or judge that the case lacks sufficient evidence.

With respect to California sex offenses, the following charges apply to these laws: Rape, sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury to the victim or another person, oral copulation by those same means, any forcible acts of sexual penetration and the commission of rape or sexual penetration in concert with another person. With respect to sex crimes against children, the following charges apply: Lewd or lascivious acts on a child under 14, continuous sexual abuse of a child, the aggravated sexual assault of a child and sexual intercourse, sodomy, oral copulation or sexual penetration with a child 10 years or younger.

When an individual is convicted of any of these offenses and has been previously convicted of a serious felony (whether or not it was sexually-related) in this state or in another state that meets this state’s definition of a “serious felony,” he or she will receive an additional five-year state prison sentence for each qualifying prior conviction that was brought and tried separately. The sentence imposed in the present offense, and each enhancement will run consecutively, which means that they will run back-to-back.

With such severe penalties, it would be quite foolish for an individual accused of a one-strike crime to hire an inexperienced attorney, as his or her freedom, family and future are too valuable to entrust to less than the best. The trusted, experienced defense attorneys at The Kavinoky Law Firm know what it takes to win and are dedicated to producing the most favorable results for their clients. They scrutinize every police report, question all witnesses, independently examine and analyze any physical evidence, highlight any discrepancies in testimony or reports, and pride themselves on their exceptional cross-examination skills, which often leave judges and jurors doubting the credibility of the prosecution’s witnesses and case. With law offices located throughout California, including several in Los Angeles, they are easily accessible to those in need of an outstanding California sex crime defense lawyer. When things are at their worst, the attorneys at The Kavinoky Law Firm are at their best! Contact them today for a free consultation and for unparalleled legal representation.

Spousal Rape

Spousal rape, in California, is a severe sex crime that will result in a felony charge, punishable by three, six or eight years in state prison. An individual who suffers a spousal rape conviction must also register as a sex offender, in accordance with California Penal Code 290, and may be required to pay up to $1,000 to a battered women’s shelter and to reimburse his or her spouse for any reasonable costs of counseling or other services that the court determines were incurred as a result of the defendant’s offense. It should be noted that community property may not be used to pay these costs until all of the defendant’s separate property has been used. In order to best avoid these devastating and life-altering penalties, it is vital that the accused hires a criminal defense lawyer who has mastered this unique area of the law. The outstanding criminal attorneys at The Kavinoky Law Firm have done just that. They excel in California sex crime defense and are well-qualified to provide their clients with unsurpassed representation and the most comprehensive defenses available. Their thorough understanding of this complex field of law provides their clients with a tremendous advantage over other lawyers, which is clearly reflected in and exemplified by their exceptional results.

Spousal rape can be charged under a number of circumstances. It may be charged if it was accomplished against the spouse’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the spouse or another. It may be charged if the spouse was prevented from resisting due to intoxication and this condition was known, or reasonably should have been known, by the accused. It may be charged if the spouse was unaware or unconscious of the nature of the act, and this was known to the accused. It may be charged if the accused threatened to kidnap, falsely imprison, seriously injure or kill the spouse or any other person, and there was a reasonable possibility that the accused could have executed the threat. It may be charged if the accused threatened to use the authority of a public official to incarcerate, arrest, or deport the spouse or another, and the spouse had a reasonable belief that the accused was a public official, regardless of whether or not the accused was, in fact, a public official. It should be noted that attempted spousal rape will also be prosecuted as a felony if the accused intended to rape his or her spouse, but due to some intervening circumstance (which is typically that the spouse was able to successfully resist or fight off the accused), he or she was not able to commit the actual offense.

Consent is the most commonly argued defense to this crime. Although consent will not be inferred from the fact that the couple was involved in an ongoing sexual relationship, it can be used as a defense if the accused can show that the spouse consented to the intercourse, and has subsequently filed a false allegation out of revenge, anger or jealousy. Insufficient evidence, which includes a lack of witnesses or physical evidence, can also be raised as a defense under appropriate circumstances by a seasoned sex crime defense attorney.

Spousal rape is a serious crime that has serious repercussions. To properly defend against it, the accused needs an attorney who knows how to conduct an effective witness interview and examination, who knows how to recognize all of the evidentiary issues that could lead to suppressed evidence or an early dismissal of the case, and who understands how to successfully communicate all applicable defenses to the judge and jury. The unparalleled attorneys at The Kavinoky Law Firm know what it takes to win, and they give 110% to each client in an effort to provide the best defense possible. To secure outstanding representation from attorneys known for their exceptional legal advice, contact The Kavinoky Law Firm today for a free consultation.