NO COST INITIAL CASE EVALUATION (866) 987-2950

Blog

How to appeal sex offenses – California Penal Code 290

Posted by Raoul Severo | Nov 30, 2020 | 0 Comments

Being registered as a sex offender will significantly affect a person's entire way of living. A quick background check on a person will reveal their sexual misconduct, and this information can give them a hard time applying for civil or social privileges. It can also significantly affect their employment chances. Employers tend not to hire people with sexual offenses because these people can damage the entire workforce. A person accused and/or wrongfully convicted for committing one should opt to pursue fighting for clearing his/her records.

Sex Crimes

  • Sex offenses or sex crimes are criminal acts that usually involve illegal, forced, or coerced sexual misconduct towards another person. Some of the most common sex crimes are:
  • Child pornography;
  • Date rape:
  • Forced oral copulation;
  • Lewd acts with a minor;
  • Lewd misconduct;
  • Indecent exposure;
  • Prostitution;
  • Rape;
  • Sexual Abuse;
  • Sexual Assault;
  • Sexual Battery;
  • Sodomy;
  • Solicitation; and
  • Statutory Rape.

Penalties for Sex Crimes

Depending on the act committed, sex crimes are mostly charged as misdemeanors or felonies. This means that the severity of the crime will depend on the conditions that revolve around the case or the nature of the offense itself.

For misdemeanor

  • Serving up to one (1) year in county jail; and/or
  • Paying a fine of up to one thousand dollars ($1,000).

For felony

  • Serving sixteen (16) months up to two (2) to four (4) years in a California state prison; and/or
  • Paying a fine of up to ten thousand dollars ($10,000)

As an alternative to jail, convicted offenders can also be subjected to probation if the court sees it fit. Summary probation for misdemeanor offenders during formal probation for felons. Under probation, offenders are expected to a variety of conditions, including:

  • required meetings with a P.O.,
  • the payment of restitution,
  • submission to drug testing, in cases of certain drug crimes,
  • performance of community service,
  • abstaining from alcohol (especially in DUI cases),
  • completion of a treatment program,
  • community supervision,
  • counseling (such as sex offender, anger management, or domestic violence counseling)
  • an agreement to submit to police searches,
  • payment of court costs, and
  • an agreement not to violate any laws.

Sex Offender Registry

California Senate Bill 384 made an extensive three-tiered registration system depending on the severity of the sexual misconduct.

TIER 1

The violations under the first tier can result to at least ten (10) years of registration. These are the low-level sex offenses including sexual misdemeanor or indecent exposure.

TIER 2

The violations under the second tier can result in at least twenty (20) years of registration. These are the mid-level sex offenses including contemplating and acting on malicious intent with minors.

TIER 3

The violations under the third tier can result to a lifetime registration in the sex offender registry. These are the most serious offenses including rape, and coercing a minor to perform sexual misconduct.

Due to the act of committing sex crimes, a registered sex offender is obliged to do the following:

Follow strict housing guidelines: Inform the law enforcement authority in your area about the housing conditions, address, nearby landmarks, etc.

Update the local law enforcement from time to time depending on the conditions given by the state.

Inform the academic institution, and/or work environment about your status as a registered sex offender.

How to Appeal Sex Offenses

The best ways to appeal to an alleged sex crime are the following:

Winning the case

Like other legal conflicts, the best way to deal with Sex Crime accusations is to settle them in court. To win such cases, the defendant's legal counsel typically uses the following conditions:

  • The defendant was a victim of false accusations;
  • There was no sexual contact that occurred between the defendant and the complainant;
  • The sexual interaction between the defendant and the complainant was consensual;
  • The defendant had an honest and reasonable belief that the complainant consented to the act; or
  • There is no enough evidence to convict the defendant.

Petition for expungement

Under California Penal Code PC 1203.4, an expungement is a petition or plea that a convicted offender can raise after serving his/her sentence. If granted, this can clear the remnants of the crime from his/her records. A petition for expungement is not available for all types of criminal offenses.

Governor's pardon

A California governor's pardon is the most sought-after way of appealing a sex offense. This is when the governor of the state relieves someone from the sex offender registry's obligations and clears their name from all the charges.

Legal Support

Due to these consequences, it would be an accused's best plan of action to hire a credible criminal defense attorney. A great lawyer can lessen, if not dismiss, the charges. This can be used to avoid being wrongfully registered as a sex offender.

 

 

Send us a message! We'll get back to you ASAP

About the Author

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Menu