Ventura Sex Crimes Lawyer
Dedicated & Personalized Defense
Sex crime charges are among the most serious an individual can face in California. A conviction can lead to hefty fines, jail time, and the lasting stigma of sex offender registration. At Bentley Law, attorney Scott Bentley focuses on protecting your rights and building your defense. We represent individuals facing sex crime allegations and charges throughout Ventura County.
Have you been accused of a sex crime? Call Bentley Law at (805) 210-8555 to schedule a free consultation with our sex crimes attorney in Ventura. Our online contact form is also available.
Types of Sex Crimes in California
A sex crime involves sexual activity without the consent of one or more parties or with someone unable to consent because of age, disability, or another factor. California law covers a wide range of sex crime allegations, including:
- Rape
- Sexual Assault
- Sexual Battery
- Lewd Acts with a Minor
- Child Molestation
- Indecent Exposure
- Revenge Porn
Statutory Rape Penalties Under Penal Code 261.5
California Penal Code 261.5 addresses unlawful sexual intercourse with a minor. When the parties are within three years of age, the offense is a misdemeanor punishable by up to one year in county jail and a fine of up to $1,000.
A greater age difference can make the offense a wobbler, meaning it may be charged as either a misdemeanor or a felony. When the defendant is 21 or older and the minor is under 16, the felony sentencing range is two, three, or four years.
California Sex Offender Levels
Effective January 1, 2021, SB 384 established a tier-based sex offender registration system in California. Adult registration tiers carry minimum periods of 10 years, 20 years, or life, depending on the applicable tier.
The tiers are:
- Tier 1 - Includes certain offenses, such as some misdemeanor sex crimes, and carries a minimum adult registration period of 10 years.
- Tier 2 - Carries a minimum adult registration period of 20 years.
- Tier 3 - Requires lifetime registration for adult registrants.
SB 384 also established juvenile registration tiers with minimum periods of five years and 10 years. Completing the applicable minimum period doesn’t automatically terminate the registration requirement.
The sensitive nature of sex crime cases makes a careful examination of the facts essential. These crimes do occur, and no one wants to trivialize them. At the same time, some people twist the facts to hurt another person. At Bentley Law, we strive to uncover the truth and ensure our clients have an opportunity to tell their side of the story.
Petitions to End Sex Offender Registration
A tier one or tier two registrant seeking termination under Penal Code 290.5 must file a Petition to Terminate Sex Offender Registration using form CR-415. The petition is filed in the superior court of the county where the person registers and may be filed on or after the next birthday following the end of the applicable minimum registration period.
After filing, the registering law enforcement agency has 60 days to report to the court and district attorney on whether the termination requirements have been met. If the judge denies the petition, the court sets a waiting period of at least one year and no more than five years before another petition may be filed.
Tier three registrants generally can’t petition for termination. A limited exception applies when tier three status is based solely on a risk-level assessment.
Defense Strategies Against Sex Crime Charges
As a defendant in a criminal case, you don’t have to prove your innocence. The prosecution must prove the charge beyond a reasonable doubt. When someone is lying about the alleged crime, identifying inconsistencies in that person’s account can be critical to the defense.
Possible defenses and disputed issues may include:
- Mistaken identity
- False accusations
- Inconsistent witness testimony
- Lack of evidence
- Bias from police or prosecution
- Faulty forensic testing
Understanding the Impact of Sex Crime Charges in California
A sex crime accusation in California can affect your freedom, finances, reputation, and registration obligations. Understanding the charge and the available defenses allows you to participate actively in decisions about your case. We examine the circumstances and develop a defense strategy tailored to your situation.
Don’t hesitate to contact our sex crimes attorney in Ventura today for a free consultation to discuss your case and explore your legal options.
Frequently Asked Questions
What Happens After I’m Accused of or Arrested for a Sex Crime?
After an accusation or arrest, the case may involve an investigation, charging decisions, and court appearances before reaching a resolution. The timing and sequence depend on the allegation. They also depend on decisions by law enforcement, prosecutors, and the court.
What Are the Different Types of Sex Crimes in California?
California sex crime allegations include rape, sexual assault, sexual battery, lewd acts with a minor, child molestation, indecent exposure, and revenge porn. Consent, age, and the specific alleged conduct can determine which offense is charged.
What Are the New Sex Offender Tiers in California As of January 2021?
As of January 2021, California has introduced 3 tiers of sex offenders: Tier 1 for the least severe offenses, Tier 2 for increased offenses, and Tier 3 for extremely severe offenses, with varying lengths of registry requirements.
Can I Communicate with Bentley Law in Spanish?
Yes. Scott Bentley communicates fluently in English and Spanish. Clients can discuss the accusation, evidence, court proceedings, and defense strategy in the language they understand best.
Reach Out to Our Ventura Sex Crimes Attorney Today
An arrest for a sex crime can immediately affect your life and relationships, adding stress to an already difficult situation. If you’ve been charged with a crime, turn your attention to building your case and preparing your defense.
When you work with us, you work directly with attorney Scott Bentley, who has practiced law for over a decade. We draw on our familiarity with Ventura County judges, district attorneys, and Ventura Courthouse operations while keeping you informed and involved in your defense strategy. We provide legal representation at an affordable price and offer communication in English and Spanish. We want to hear your side of the story and focus your defense on protecting your rights.
Contact Bentley Lawtoday to get started on your defense with our Ventura sex crimes lawyer.
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