Misdemeanor sex crimes in California are serious offenses that involve acts that violate another person’s privacy or dignity. Understanding the repercussions is crucial because a conviction can lead to jail time, fines, and lasting effects on your personal and professional life. If charged, it is essential to be well-informed about the nature of these crimes, the potential penalties, and the steps to take to protect your future.
What Are Misdemeanor Sex Crimes?
Misdemeanor sex crimes are criminal offenses involving sexual misconduct that are considered less severe than felony sex crimes. Misdemeanors usually carry lighter sentences, such as fines or probation. However, they can still result in severe personal and legal consequences.
Offenses Against Adults
Some common misdemeanor sex crimes in California include:
- Sexual battery—unwanted touching of another person’s intimate parts without their consent;
- Solicitation of prostitution—offering money or goods in exchange for sexual acts;
- Disorderly conduct—engaging in inappropriate sexual behavior in public;
- Lewd conduct—acts of indecency, often performed in public, such as exposing oneself;
- Indecent exposure—publicly revealing one’s genitals in an offensive or inappropriate manner; and
- Prostitution—offering or engaging in sexual acts for money.
If you are charged with any of these, you may wonder about penalties.
Misdemeanor Sex Crime Sentencing
Each of these offenses can carry different penalties depending on the circumstances of the crime. For example, indecent exposure that occurs inside someone’s home is punishable by up to one year of incarceration.
Individuals convicted of misdemeanor sexual battery face up to one year in county jail and up to a $2,000 fine. These penalties can vary, so check with your lawyer, who will know what level charge you face and what the potential consequences are.
Offenses Against Children
In California, certain offenses against children may, depending on the circumstances, result in misdemeanor charges:
- Oral copulation with a minor. Oral copulation with a minor is usually a felony, but in some instances involving minors aged 16 or 17, the charge might be a misdemeanor. If convicted, you may face up to one year in county jail, fines, and mandatory sex offender registration.
- Annoying or molesting a child. It is illegal to engage in conduct that is motivated by an abnormal sexual interest in a child under 18, including behaviors that may not involve physical contact but harass or offend the child sexually. Convicted individuals can face up to one year in county jail, fines up to $5,000, and possible sex offender registration.
- Solicitation of a minor. In this context, solicitation refers to “contributing to the delinquency of a minor,” which criminalizes encouraging or soliciting a minor to commit an act that would result in the child’s delinquency. If the solicitation involves encouraging the minor to engage in sexual conduct, it can lead to a misdemeanor punishable by up to $2,500 in fines, one year in county jail, up to five years probation, or a combination of all three.
Seeking legal advice from a San Diego County sex crimes lawyer is essential if you face such charges, as they can impact many areas of your life.
Common Defenses Against Misdemeanor Sex Crime Charges
Consentimiento
One of the most common defenses for sex crimes against adults involves proving that the alleged victim consented to the act. If you can demonstrate that the sexual activity was consensual, the prosecutor may reduce or drop the charges. However, consent must be explicit, and proving this in court often requires messages, videos, or testimony that supports the claim.
False Allegations
False accusations of sex crimes sometimes happen, especially in emotionally charged situations. A skilled criminal defense lawyer in San Diego can work to disprove false allegations by presenting evidence that contradicts the accuser’s claims. Evidence can include having an alibi, presenting witnesses, or identifying motives behind the false accusation, such as revenge or personal gain.
Lack of Evidence
The prosecution must prove their case beyond a reasonable doubt. You may avoid conviction if the evidence they present is insufficient or improper. However, given the complicated nature of evidentiary rules, you should seek legal counsel if accused of a sex crime. An experienced criminal defense attorney can determine the strength of your case and strategize the most effective defenses for your unique circumstances.
Impact of a Conviction
A conviction for a misdemeanor sex crime can have long-lasting effects on various aspects of your life. It results in a criminal record accessible to potential employers, landlords, and others performing background checks.
Having a record makes securing employment, housing, or loans challenging. On top of that, the social stigma associated with being convicted of a sex crime, even if it’s a misdemeanor, can damage personal relationships and tarnish your reputation in the community.
Sex offender registration comes with significant restrictions on where you can live, work, or even travel. This designation can last for years—or even a lifetime—depending on the nature of the crime and your prior criminal history.
Steps to Take If Charged
Assert Your Rights
It’s important to be aware of your legal rights, including the right to remain silent and the right to an attorney. Avoid speaking to law enforcement without your lawyer present, as anything you say can be used against you in court.
Consult a San Diego County Sex Crimes Lawyer
The first step after being charged with a misdemeanor sex crime is to consult an experienced attorney. A lawyer can help you understand the charges, explore potential defenses, and represent you in court.
Gather Evidence
After that, start gathering any evidence that could help your defense, including text messages, emails, witness statements, or security footage. The more evidence you have, the better your chances of weakening the State’s case. Once you weaken the case, the prosecutor may offer you a favorable plea or drop the charges entirely.
By taking these steps and working with a skilled criminal defense lawyer, you can improve your chances of minimizing the impact of the charges against you.
Criminal Defense Lawyer in San Diego
Due to the potential consequences involved, it is vital for anyone charged with a sex crime in San Diego seek the guidance of an experienced criminal defense attorney.
At The Law Offices of Kerry L. Armstrong, APLC, our experienced defense attorneys provide each client with critical legal guidance to achieve the best results possible. The talent and experience of our attorneys ensures that your case is handled with the utmost care.
If you or a loved one is facing criminal charges of any kind in California, contact us immediately for a free consultation.
Resources:
- Misdemeanor Penalties in California, link.
- Assault and Battery, link.
- Crimes Against The Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals, link.
- Lewd Conduct, California Penal Code §647, link
- Annoying or Molesting a Child, Penal Code §647.6, link
- Oral Copulation with a Minor, Penal Code §287, link
- Solicitation of a Minor, Penal Code §288.4, link
- Sex Offender Registration Requirements, link.
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