Just because a state prosecutor charges you with a sex crime does not automatically mean you will incur criminal penalties. For a sentencing judge to impose penalties against you, the state prosecutor must first satisfy their legal burden of proof beyond a reasonable doubt. State prosecutors must meet this extremely high burden, and a solid legal defense may work to negate one or more elements of the underlying criminal charge. If a judge or jury accepts your defense, the court may dismiss your case.
However, if the state prosecutor can secure a conviction against you, then a judge will impose legal penalties. The penalties for a criminal sex offense will depend on the exact crime for which you receive a conviction, whether you have any prior sex crime convictions on your record, and whether the crime is a misdemeanor or a felony. Our attorneys will ask the judge to consider any mitigating factors when issuing a sentence.
For example, a criminal conviction for misdemeanor sexual battery can result in a maximum fine of $2,000 ($3,000 if the alleged victim was an employee) and a maximum county jail sentence of six months or one year. However, a conviction for felony sexual battery can result in two, three, or four years of incarceration in a state prison, along with a maximum monetary fine of $10,000.
In addition to potential jail time and monetary fines, a conviction for a sex crime may result in a period of supervised probation, a no-contact order, and required registration on the state sex offender registry.
In addition to these potential legal penalties, an individual who sustains a sex crime conviction may experience numerous collateral consequences. For example, due to criminal background checks by landlords, educational institutions, and prospective employers, an individual may have difficulty finding a place to live, attending a college or university, or finding a good job.
If you ultimately incur a sex crime conviction in California, you should have experienced legal representation at your sentencing hearing.
At Chudnovsky Law, our Orange County sex crime lawyers can represent you at your sentencing hearing and work to secure a fair and favorable penalty in your case. We can also work to lessen or eliminate the collateral consequences you experience due to your sex crime conviction.