Sexual misconduct allegations demand an early intervention from a skilled defense lawyer. By setting forth an aggressive and proactive legal approach, Riverside sex offenses attorney Gregory Comings successfully defends the accused. Sexual misconduct includes a range of offenses such as sexual assault, lewd conduct, sexual intimidation, as well as sexual battery, and other crimes. In some cases, attempted behavior may be deemed sexual misconduct. A misdemeanor or felony conviction for a sex offense can lead to lifelong repercussions for your career and your reputation. At The Law Office of Gregory H.Comings, we are straightforward with clients and keep them informed of their case every step of the way. Our priority is to remain accessible to clients because we understand the stress that accompanies criminal charges and are here to provide the best possible defense under the law.
California makes it a crime to commit non-consensual behavior of a sexual nature through forceful action or intimidation. Unwelcome contact, advances, or intercourse may be deemed sexual misconduct. The offense can occur between family members, strangers, and acquaintances.
Sexual misconduct also includes attempted behavior. It is a crime to attempt to coerce another into sex, even if unsuccessful. The alleged victim may bring sexual misconduct criminal charges. An example of sexual intimidation includes making a thereat to commit a sex act. Repeatedly asking another on a date or implying you will threaten them if they do not engage in a sexual act may rise to the level of criminal charges. Exposing oneself, or making suggestive comments to another person can lead to formal charges for sexual misconduct, particularly when the other party expresses disinterest or discomfort and is ignored.
During a criminal case for a sexual offense, the prosecution must set forth evidence that shows, beyond a reasonable doubt, that the defendant committed the specific offense. For example, sexual battery requires evidence the defendant touched the alleged victim’s intimate party; the victim did not consent to this contact, and; the defendant intended to touch the alleged victim for the purpose of arousal, abuse, or sexual gratification. All elements must be supported for a conviction to stand.
Punishment for sexual misconduct depends upon the severity of the sex offense. A misdemeanor conviction for a sex offense can lead to up to one year in county jail as well as a fine up to $2,000. California law provides that a felony offense can result in years of imprisonment and up to tens of thousands in fines. Serious consequences from a California sex crime conviction include registration on California’s Megan’s Law website, as well the potential loss of gun right ownership.
Mounting a strong defense against criminal charges is important because it can lead to dismissal or lesser charges. A valid defense may include negating an element of the crime. This may be the case if the offense required evidence of a lewd intent. An example includes indecent exposure which requires showing the defendant harbored a sexually motivated intent. If the prosecution lacks evidence of this type of intent, a conviction cannot stand.
A defense based on consent may be appropriate in some cases. If the victim is particularly young, or lacks capacity to provide consent, this defense may not be applicable. A constitutional defense based on facts that indicate a violation of the defendant’s rights may be asserted. An example includes violation of the Fourth Amendment right to freedom from improper search or seizure of evidence. If successful, this defense deems inadmissible evidence obtained illegally.
Protecting your freedom and reputation is critical, particularly if you are facing legal charges for sexual misconduct. Innocent individuals are accused of crimes every day, and at The Law Office of Gregory H.Comings, we are well-versed in defending against sex offenses. Contact our office by calling (951) 686-3457 and asking for an appointment to discuss your case. We can also be reached through our online form. Attorney Comings handles sex crimes as well as violent crimes, domestic violence, and weapons offenses for clients throughout Riverside as well as San Bernardino and nearby communities.