Sexual Assault Crimes


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Sexual Assault Crimes

 

Sex crimes can include such charges as: Child Abuse, Child Pornography, Date-Rape, Failure-to-Register as a Sex Offender, Indecent Exposure, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Internet Porn, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require those defendants who are convicted to continually register as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry very serious penalties and are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and the risk of convicting an innocent person is drastically higher in these type of criminal cases. Sexual Assault

Sexual assault, also known as "rape", is a felony that carries with it severe penalties. Rape is sexual intercourse against a person under one of the following circumstances:

  • The victim is unable to give legal consent due to a mental disorder, developmental disability, or physical disability
  • The victim is unable to resist because the person is unconscious, intoxicated, or anesthetized, and the assailant knew or should have known of the victim's condition
  • The action is against the person's will by using force, violence, menace, duress, fear of immediate injury, or by a threat to retaliate in the future
  • The defendant is a public official who acts against the victim's will by a threat to arrest or deport the victim

California law specifically makes it a crime for a man to rape his wife.

Aggravated criminal sexual assault is criminal sexual assault against a child under the age of 14, and who is ten or more years younger than the defendant. Committing a sexual assault in concert with others is another form of aggravated rape.

Sexual battery is similar rape. It is defined as touching the intimate part of another who is restrained and without the person's consent.



LEWD CONDUCT & INDECENT EXPOSURE


Lewd conduct can be any type of conduct of a sexual nature. These types of crimes usually fall under Penal Code Section 314, 647(a), 647.6 or any other sex-related type charge. Some of these acts can require lifetime sex offender registration under Penal Code Section 290. If required to register under this section, you will likely end up on the internet indicating you as a registered offender

Indecent exposure is a violation of Penal Code Section 314. Under this section, every person who willfully and lewdly exposes his private parts in a public place where others are present, and other people are intended to be offended or annoyed, can be found guilty of indecent exposure.

Indecent exposure can be classified as both a felony and a misdemeanor.

The key element to prove this charge is willfulness and lewdness.

Sex crimes are extremely complicated crime to defend due to the complexities of the legal issues involved and the public's perception of those accused of such crimes. This is why it is important to retain a law firm that fully understands the legal issues involved, particularly those that result in a conviction that require the offender to register as a sex offender pursuant to Penal Code Section 290. A skilled criminal defense attorney who knows and understands these issues can sometimes avoid the person charged with the crime from being required to register as a sex offender, which oftentimes include their name and photograph being posted on the Megan's Law website for anyone to access. The Law Office of Barry T. Simons is such a firm.

Additionally, while sex crimes are typically extremely complicated to defend, the benefit of a thorough investigation cannot be understated. A thorough investigation can mean the difference between a conviction and a dismissal. As stated, sexual misconduct is seldom witnessed by anyone other than the accuser and, as a result, the risk of conviction of an innocent person is drastically higher in these types of criminal cases.

For more information about sex crimes and/or sexual assault, as applied under the laws of the State of California, or to discuss your criminal charges with an experienced criminal defense attorney, please contact us immediately at: 888-938-4911; or complete our Confidential Contact Form.


NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS (N.A.C.D.L.)




VOTED ORANGE COUNTY "SUPERLAWYER"



 "A/V RATED" PEER REVIEWED ATTORNEY BY MARTINDALE-HUBBELL



"LEAD COUNSEL" RATED BY LAWINFO



"PREEMINENT LAWYER" RATING BY BAR REGISTER




AUTHOR: CALIFORNIA DRUNK DRIVING LAW




"BOARD CERTIFIED" 
IN DUI DEFENSE BY THE NATIONAL COLLEGE FOR DUI DEFENSE (N.C.D.D.)




FOUNDING MEMBER: NATIONAL COLLEGE FOR DUI DEFENSE (N.C.D.D.)




FACULTY MEMBER: NATIONAL COLLEGE FOR DUI DEFENSE (N.C.D.D.)




"SPECIALIST MEMBER" & BOARD OF DIRECTORS: CALIFORNIA DUI LAWYERS ASSOCIATION (C.D.L.A.)




BARRY T. SIMONS AND PETER F.  IOCONA WERE BOTH SELECTED AS ORANGE COUNTY'S TOP-RATED DUI DEFENSE ATTORNEYS

PETER F. IOCONA HAS BEEN SELECTED AS A "RISING STAR" BY "SUPERLAWYERS" IN 2015



PETER F. IOCONA SELECTED AS ONE OF THE "TOP 100 TRIAL LAWYERS" BY THE NATIONAL TRIAL LAWYERS ASSOCIATION




PETER F. IOCONA SELECTED AS ONE OF THE NATION'S TOP ONE PERCENT ATTORNEYS BY N.A.D.C. 



ALL ATTORNEYS RATED "SUPERB" BY AVVO 


BARRY T. SIMONS RATED "SUPERB" "10/10" BY AVVO


BARRY T. SIMONS RECEIVED "CLIENT'S CHOICE AWARD"
FROM AVVO RATING SERVICE


PETER F. IOCONA RATED "SUPERB" "10/10" BY AVVO

PETER F. IOCONA RECEIVED "CLIENT'S CHOICE AWARD" 
FROM AVVO RATING SERVICE

PETER F. IOCONA AWARDED 
"TOP CONTRIBUTOR" BY AVVO

ALAN CASTILLO RATED "SUPERB" "10/10" BY AVVO

ALAN CASTILLO RECEIVED "CLIENTS' CHOICE AWARD" 
FROM AVVO RATING SERVICE

MARLO CORDERO RATED
"SUPERB" BY AVVO

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