Sex Crime Attorneys in San Jose

Legal Help for Sex Crime Defense

Facing allegations of sex crimes can be a life-altering experience. The accusation can tarnish your reputation, strain your relationships, and jeopardize your professional prospects. The need for a seasoned and empathetic legal team in your corner cannot be overstated. At the Law Offices of William V. Pernik, we understand that sex crime accusations are a legal matter that could destroy your life. We are committed to providing the skilled and aggressive defense you need.

What Are Sex Crimes in California?

A broad spectrum of offenses is included in the category of sex crimes within our state’s legal framework. Each offense has a specific definition and penalties. The following are some common sex crimes outlined in the California Penal Code:

Rape (Section 261): An act of non-consensual sexual intercourse achieved through force, threat, or when the victim is incapable of giving consent due to intoxication or unconsciousness is rape. It is a felony offense that carries three, six, or eight years in prison, as well as sex offender registration.
Child molestation (Section 288): This offense involves engaging in lewd or lascivious acts with a minor under the age of 14. It is typically charged as a felony, with sentencing depending on the child’s age and the surrounding circumstances. Lifetime sex offender registration is required.
Sexual battery (Section 243.4): Touching the intimate parts of another against that person’s will for sexual arousal, gratification, or abuse is the crime of sexual battery. It may be charged as a misdemeanor or a felony, depending on the circumstances and the resulting harm to the victim.
Prostitution or solicitation (Section 647(b): Soliciting or engaging in sexual services for compensation is illegal in California. Penalties are more severe when a minor is involved. A violation of Section 647(b) is a misdemeanor, punishable by up to six months in jail, a fine of up to $1,000, or both.
Indecent exposure (Section 314): A person who “willfully and lewdly” exposes his private parts in a public place or any place where others are offended or annoyed by this behavior is guilty of indecent exposure. It is usually a misdemeanor offense with up to six months in jail and/or a fine of up to $1,000. A conviction means registration as a tier-one sex offender for at least 10 years.
Child pornography possession or distribution (Section 311.11): Knowingly possessing or controlling explicit materials involving minors is a felony offense in California, punishable by imprisonment and hefty fines, as well as lifetime sex offender registration.

How Does Sex Offender Registration Work in California?

One of the most daunting consequences of a sex crime conviction is the requirement to register as a sex offender. The requirements include regularly updating law enforcement regarding your residence and employment, affecting your personal and professional life. Our skilled criminal defense lawyers work to mitigate these consequences, seeking alternatives or relief from registration requirements whenever possible.

Tier-Based Sex Offender Registration

As of January 1, 2021, California has a tier-based sex offender registration system to replace the previous system that required lifetime registration for most offenses. Tiers are designated according to the specific offense, as follows:

Tier one: Sex offender registration is required for at least 10 years. This tier is for conviction of the lowest level sex offenses, such as indecent exposure or misdemeanor sexual battery.
Tier two: This tier is designated for convictions of mid-level sex offenses. It requires sex offender registration for at least 20 years.
Tier three: Individuals convicted of the most serious sex offenses, such as rape and sex crimes against young children, are designated as tier three, which requires lifetime sex offender registration.

There are two tiers for juveniles adjudicated for registerable sex offenses: tier one is five years, and tier two is 10 years.

What Are the Recent Changes in Law Regarding Sex Crimes?

In recent years, California has enacted laws to address emerging sex crime issues, including the following:

Senate Bill 145: Signed into law in 2020, SB 145 allows judges to decide who must register as sex offenders in all statutory rape cases. Previously, California law treated statutory rape cases differently, depending on what type of penetration occurred.
Senate Bill 384: Implemented in 2021, this bill reformed California’s sex offender registration system by replacing mandatory lifetime registration with three tiers of 10 years, 20 years, and lifetime.
Assembly Bill 453: Effective from 2022, AB 453 criminalizes removing a condom without consent during intercourse. This act is now considered sexual battery under California law.
Senate Bill 14: Becoming law in 2024, the bill elevates soliciting or buying sex from a minor under the age of 16 from a misdemeanor to a felony. SB 14 also allows repeat offenders to be charged with a felony when victims are 16 or older.

What Defense Strategies Are Available Against Sex Crime Charges?

Law enforcement in San Jose and throughout California is known for rigorous investigation and prosecution of sex crimes. The sooner you consult an experienced criminal defense attorney, the better. As each case is different, there is no one-size-fits-all defense. Our seasoned legal team can craft a strategy that aligns with the specific facts of your situation. The following are some potential defenses against sex crime allegations:

Consent: Showing that the alleged act was consensual can be a powerful defense against charges such as sexual assault and rape. The defense case may involve presenting evidence such as witness testimony or communications between the parties.
False allegations: False accusations can arise due to various motives, including jealousy, revenge, and child custody disputes. We can thoroughly investigate the accuser to uncover inconsistencies or ulterior motives.
Mistaken identity: If the perpetrator’s identity is in question, we work to establish alibis, examine eyewitness accounts, and use forensic evidence to prove the innocence of our client.
Lack of intent: Some offenses require proof of intent. Charges may be reduced or dismissed if we can show there was no intent to commit a sex offense.

Why Choose Our Firm?

If you have been accused of a sex crime in California, choosing the right San Jose sex crime lawyer could be the most critical decision of a lifetime. At the Law Offices of William V. Pernik, we are exceptionally good at what we do—and we genuinely care about the people we represent. We have a thorough understanding of California sex crime laws and a proven record of successfully defending against sex crime charges.

A team-based approach is fundamental to every case we are involved in, so you benefit from a diverse group of legal professionals, including seasoned attorneys and experts in criminal investigation and cell phone forensics. We relentlessly pursue justice, challenging the prosecution’s evidence and advocating fiercely on your behalf.

We handle sex crime cases with the utmost confidentiality and sensitivity. Contact us at 408-669-4877 for the skilled criminal defense you need.