Having a sex crime charge against you means that you need to partner with someone who knows the law in California about types of sex crimes, offenses, and sentences. Many of these types of crimes have minimum and maximum sentences, depending on the type of crime. For first-time offenses, the penalties tend to be lower than for repeat offenses.
Misdemeanor or Felony Sex Offender Sentence
The first thing that determines a sex offender sentence is whether the crime is categorized as a misdemeanor or felony. For instance, sexual battery may fall under a misdemeanor or felony charge, depending on the circumstances.
Generally, sex crimes that may be filed as misdemeanors include:
- Indecent exposure
- Lewd act in public
- Solicitation of prostitution
Crimes that may have felony or misdemeanor charges include:
- Sexual battery
- Possession of obscene material
- Statutory rape
- Lewd acts with a child between 14 and 18
Forced rape and lewd acts with a child under 14 always come with felony charges.
Maximum Sex Offender Sentence
The length of a sex offender sentence depends on many factors. For instance, while sexual battery can be a misdemeanor or felony, there are differences in sentencing even within these levels of charges. For instance, the maximum sentence for a standard sexual battery misdemeanor charge is six months in county jail and a fine of no more than $2,000. However, if the defendant was an employer of the accuser, the misdemeanor fine increases to $3,000 while the jail time remains the same. Sexual battery with felony charges comes with a maximum fine of $10,000 and a state prison sentence of two, three, or four years for a first offense.
Generally, misdemeanors come with fines and county jail time of six months. However, felonies require state prison time and heftier fines.
Obviously, the sex offender sentence can vary greatly depending on circumstances. You need a lawyer who can examine the specifics of your case to try to minimize your first-time sex offender sentence as much as possible.
Sex Offender Registry
If convicted, you may need to register for the sex offender list in California. However, many crimes do not require lifetime registration. At the beginning of 2021, California began enforcing new rules about who applies to the sex offender registry and for how long. Tiers include ten, twenty, and lifetime registration requirements. The tier that a first-time sex offender falls into depends on the type of charges and the circumstances.
You Need Legal Guidance for Your Sex Offender Case
No matter what type of sex crime you have been accused of, you should have legal guidance and representation in court. Contact Orange County’s Steven K Bloom for a free consultation on your case. You deserve to have someone help you through the courts and legal process. Get the help you need today.
Sources
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=288.&lawCode=PEN
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=647.&lawCode=PEN
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=243.4.&lawCode=PEN
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=290.&lawCode=PEN
https://skbesq.com/sex-crimes/
