Sex Crimes Attorney in San Jose
Criminal actions relating to sexual offenses are nothing to take lightly - the law certainly does not. These crimes are commonly referred to as some of the most heinous criminal actions that can occur. The state of California has taken a tough stance on these types of crimes and works tirelessly to ensure that those convicted of sex crimes are slapped with some of the harshest penalties possible. Part of this is in having sex offenders officially register - something that is not only embarrassing but can cause significant issues later in life, not only personally but professionally as well.
Contact our office for a free case analysis if you've been charged with committing a sex-related offense.
Types of Sex Offenses
While sex crimes can vary widely, they usually include illegal or forced sexual behavior against another person. Regardless of the severity of the crime, those convicted of sex offenses are deemed sex offenders and must add their name to the sex offender registry.
California laws related to indecent exposure make it illegal to intentionally reveal one's genitals in public. However, California law also states that one must be able to show that the offender meant to sexually arouse or sexually offend through his or her indecent exposure. First-time convictions often result in a misdemeanor, while repeat offenses could lead to a felony and harsher penalties.
While some sexual assault cases involve brutal attacks, they can include anything from unwanted sexual touching, such as groping, to rape. Sexual assault can happen as a result of the offenders' coercion, use of force, or if the victim is incapacitated or unable to understand what is happening to him or her. Situations involving alcohol and drugs often result in sexual assault cases if an individual is taken advantage of while he or she is not able to give consent. A conviction in California can result in a 24-to-48-month prison term and a $10,000 fine.
Under California law, it is illegal to offer or engage in a sexual act for compensation. It is also a crime to agree to a sexual act for money. Individuals do not necessarily need to provide sexual services to be guilty of prostitution. Similarly, those soliciting prostitution can be charged for simply agreeing to pay for a sexual act.
Other sex offenses include sexual behavior with a minor, child molestation, lewd and lascivious acts, incest, and kidnapping, burglary, or aggravated assault if they are shown to be sexually motivated. While the laws related to sex offenses can be complicated, an experienced San Jose criminal defense attorney can help fight for your rights and make sure you have the best legal defense possible.
What is Megan's Law and how will it affect my case?
California is one of many states that have adapted a version of Megan's Law. This is a piece of legislation, also known as Assembly Bill 488, which requires that all convicted sex offenders register; this information is then made publically available to anyone with Internet access. While the state has required that sex offenders register for the past five decades, the expansion of this law makes it much easier for just about everyone to find information about sex offenders in their area.
While this is certainly done with the best of intentions, it can raise serious issues for the offenders. For example, while it is a criminal act to use this information for an illicit activity, it does not always stop people. In fact, in some cases this information can be grossly misused to harass those who are listed; even if it was for a minor offense or if they have dutifully served their penalty and paid the price.
Do you need an attorney?
If you have been criminally charged with a sex-related offense - no matter if it was for rape or
prostitution, it is in your best interests to get an experienced lawyer on your side as soon as possible. Beyond the possibility of being required to register, it is also important to remember that you will be facing criminal penalties that include monetary fines and/or incarceration.
It is for this reason that we encourage you to get the involvement of the Law Office of Thomas J. Mueller as soon as possible. With over 35 years of aggregate experience, we have proven over the years that we can be trusted with the most complex of cases. We are not deterred by daunting circumstances and will do everything that we can to help you obtain the most desirable outcome possible. So don't waste another moment! Give us a call and learn how we can help you build the strongest possible case.