If the police investigate or arrest you for aggravated sexual assault of a child, you will need an attorney who can give you the best chance of achieving a favorable outcome.
Allegations such as these—even though you haven’t been convicted—can ruin your life. You may feel like the deck is stacked against you. We can help.
The criminal defense team at the Law Offices of Kerry L. Armstrong, APLC, offers superior service and support to guide you through this difficult time and help you attain the best possible outcome for your case.
California Penal Code Section 269
California Penal Code section 269 creates an enhanced penalty for the sexual assault of a child. This law applies when the victim is under fourteen years old and the alleged perpetrator is at least seven years older than the victim.
The statute allows prosecutors to increase the potential penalty for certain underlying crimes because of the age difference between perpetrator and victim and the conduct involved.
Accordingly, the aggravated sexual assault of a child charge in California applies to the following underlying crimes:
- Rape in violation of Penal Code section 261(a)(2) and (6);
- Rape or sexual penetration in concert in violation of Penal Code section 264.1;
- Sodomy in violation of Penal Code section 286(c)(2), (3), or (d);
- Oral copulation in violation of Penal Code section 287(c)(2), (3), or (d); and
- Sexual penetration in violation of Penal Code section 289.
Aggravated sexual assault of a child under fourteen in California applies only to the charges listed above.
What Is the Punishment for Aggravated Sexual Assault of a Child Under Fourteen in California?
Aggravated sexual assault of a child is considered a violent felony in California. The minimum prison sentence for this crime is fifteen years to life.
However, Penal Code section 269 allows a judge to impose consecutive fifteen-to-life terms if the crime involved more than one victim or if it involved one victim on more than one occasion.
Receiving a fifteen-to-life sentence in California means that a defendant is not eligible for parole until at least fifteen years in prison have passed. And in reality, few inmates get paroled after serving the minimum term of fifteen years.
Even if a defendant is looking at a life sentence after being charged with aggravated sexual assault of a child under fourteen, our attorneys at times can plea-bargain that charge down to a determinate, lower term.
All of our sexual assault defense lawyers understand how to argue successfully for their clients. We know how to fight the charges, and if you want to take a plea, we know how to argue for leniency.
By delving deeply into our clients’ circumstances and backstories, we frequently uncover worthwhile qualities that judges may look upon favorably.
This exhaustive work may lead to a significantly more lenient sentence for our clients.
Sex Offender Registration
Under California Penal Code section 290, every person convicted of aggravated sexual assault of a child under fourteen in California shall register as a sex offender. The requirement to register begins after release from prison.
The length of time you have to register depends on the tier of offense. Tier-one offenders have to register for ten years.
Tier-two offenders must register for twenty years, and a tier-three offender must register for life. All of the crimes listed in Penal Code section 269 carry registration for life.
Failing to register as required by law is a crime in and of itself. Therefore, you must remain vigilant about registration requirements.
Failing to register as a sex offender could trigger a new felony case against you.
You must be aware that there are other potential legal problems you face if convicted of aggravated sexual assault.
The state could proceed against you as a sexually violent predator and try to keep you in prison even after you serve your sentence.
This law was enacted as a means to prevent sex offenders from committing additional sex offenses.
Aggravated sexual assault is a felony, and as such, a conviction may cost you your right to vote or possess a firearm.
Also, the federal government could institute deportation proceedings against you if you are not a citizen of the United States.
And let’s not forget the social stigma associated with sex offenses. A conviction may cause you to lose your job or result in difficulty finding employment or a place to live.
Given what is at stake, you must take these charges seriously and consult an award-winning defense attorney from the Law Offices of Kerry L. Armstrong, APLC, today.
Defenses Against Charges of Aggravated Sexual Assault of a Child in California
Defending against allegations of sexual assault is extremely difficult. Often, the prosecution has the word of a child pitted against the accused.
Unless the victim’s injuries are fresh, physical evidence is often non-existent. However, medical experts often testify that injuries inflicted on certain body parts heal quickly because of increased blood flow to the area.
That testimony tends to minimize the importance of a visible injury. As a result, cases like these often come down to who is more believable: the alleged victim or the accused?
At the Law Offices of Kerry L. Armstrong, APLC, we investigate our clients’ cases thoroughly. We rely on the experience of successfully trying dozens of cases before California juries to give our clients the best defense possible.
The best defense in some cases involves challenging illegally-obtained evidence such as coerced confessions or alleged fruits of the crime.
We will also look for ways to minimize your culpability and exposure to prison time. Sometimes, this involves engaging in plea negotiations with the prosecutors.
If we cannot achieve a favorable result before trial, then we will try the case to a jury of your peers. We believe in the jury system and understand how to best present your case to a jury.
We welcome the opportunity to represent you and help clear your name.
For Immediate Help with Your Charges of Aggravated Sexual Assault of a Child in California, Call Us Today
Kerry L. Armstrong is a board-certified legal specialist in criminal law certified by the State Bar of California. Kerry and his award-winning team are dedicated to fighting for your rights and your future.
Call our office today to learn more about how we can help you.