Being charged with sexual assault is a life-altering event. Even before a trial begins, the accusation alone can impact your career, relationships, and reputation. At Simmons & Wagner, we understand the gravity of what you’re facing—and as Former Orange County District Attorneys, we offer the experience and insight needed to fight back.
If you’ve been charged with sexual assault in California, here’s what you need to know now, and how an experienced Sex Defense Lawyer in Los Angeles, CA can guide you through every step.
Your Rights After a Sexual Assault Charge
Once charges are filed, the legal system begins moving quickly—but you still have constitutional rights. One of the most important is your right to remain silent. Far too often, individuals try to explain themselves or “clear things up” with police or investigators, only to have their words twisted or used against them in court.
You also have the right to an attorney. This isn’t just a formality—exercising that right as early as possible can make all the difference. A seasoned Sex Defense Lawyer in Los Angeles, CA can help you avoid common missteps that prosecutors may use to build their case.
Understanding the Charges
Sexual assault in California encompasses a range of criminal offenses under different sections of the Penal Code. Some of the most commonly charged include:
- PC 261 – Rape
- PC 243.4 – Sexual battery
- PC 288 – Lewd acts with a minor
- PC 289 – Forcible penetration with a foreign object
Each of these charges carries serious penalties, including mandatory prison time, lifetime sex offender registration, and long-term consequences for your freedom and future. Knowing exactly what you’re charged with—and what evidence the prosecution claims to have—is the foundation of a strong defense.
What to Do Next
After an arrest or charge, many people feel powerless. But your next actions are critical:
- Do not speak to law enforcement without legal representation.
- Do not contact the alleged victim or witnesses, even if you believe you can clarify things.
- Preserve any evidence that could support your case—text messages, emails, photos, or anything that could prove consent, contradict the timeline, or establish motive.
- Hire a defense team with real prosecutorial insight.
Simmons & Wagner uses our background as Former District Attorneys to anticipate the prosecution’s moves and develop a tailored defense strategy early on.
Legal Strategies That Can Help
Every case is different, but these are some of the defense approaches we often consider:
- Consent-Based Defense: In many adult cases, the issue is not whether something happened, but whether it was consensual. We analyze timelines, communications, and behavioral patterns to support your side.
- Mistaken Identity: Eyewitness errors and false identifications can lead to charges against the wrong person. We investigate the reliability of all identifications and statements.
- False Allegations: In some cases, the accusation itself is fabricated due to personal conflict, divorce, jealousy, or manipulation. Our team knows how to uncover inconsistencies and reveal hidden motives.
- Pretrial Motions: We file motions to suppress illegally obtained evidence, exclude prejudicial testimony, or even dismiss the case entirely if the evidence doesn’t hold up.
Why Experience Matters
Sexual assault charges are among the most serious and stigmatized accusations in the justice system. Prosecutors often feel pressure to pursue these cases aggressively—even when the evidence is weak. That’s why your defense attorney needs real courtroom experience and a deep understanding of how these cases are prosecuted.
As former prosecutors, Simmons & Wagner has tried and negotiated countless felony sex crime cases. We know what evidence prosecutors need to proceed—and what gaps or flaws we can use to challenge their case. Our insight gives clients a real advantage when the stakes couldn’t be higher.
Speak with a Sex Defense Lawyer in Los Angeles, CA Today
Being charged with sexual assault doesn’t make you guilty—but it does mean you need to act fast. You don’t have to face this crisis alone. At Simmons & Wagner, we offer aggressive, experienced, and compassionate legal defense tailored to your unique case. As trusted Sex Defense Lawyers in Los Angeles, CA, we’re here to protect your rights and fight for your future.
Contact us today for a confidential consultation.