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What defenses are available if I’m facing sex crime charges in California?

Facing sex crime charges in California can feel overwhelming, but it’s important to remember that an arrest does not equal a conviction. The law requires prosecutors to prove every element of their case beyond a reasonable doubt, and a strong defense strategy can expose weaknesses in the state’s evidence and protect your rights. With the right legal representation, many people are able to reduce charges, negotiate favorable outcomes, or even have their cases dismissed entirely.

Some of the most common and effective defenses in California sex crime cases include:

  • Mistaken Identity: In high-stress situations or cases involving cross-racial identification, witnesses may mistakenly identify the wrong person. A defense attorney can use alibis, surveillance footage, or forensic evidence to prove you were not the perpetrator.
  • False Accusations: Sadly, sex crime allegations can arise out of personal disputes, custody battles, or attempts at revenge. In these cases, credibility and motive are central. Your lawyer can investigate the background of the accuser and highlight inconsistencies in their statements.
  • Lack of Evidence: The burden of proof lies entirely with the prosecution. If there is no DNA evidence, unreliable testimony, or conflicting accounts, your attorney can argue that the state has failed to meet its burden.
  • Consent Defense: In some cases, the issue is not whether an encounter occurred but whether it was consensual. A strong defense will focus on communication, prior interactions, and evidence showing mutual agreement.
  • Constitutional Violations: If law enforcement violated your rights during the investigation—such as unlawful searches, coerced confessions, or improper handling of evidence—your lawyer can file motions to have that evidence suppressed.

Building a defense also often requires expert witnesses. Psychologists, medical specialists, and forensic experts can testify to challenge the prosecution’s narrative or cast doubt on the reliability of evidence. Pre-trial motions may also limit what evidence is admissible, further strengthening your position before trial even begins.

The consequences of a sex crime conviction are severe. You could face years in prison, mandatory sex offender registration, and permanent damage to your reputation, career, and family life. That’s why hiring a Los Angeles sex crime defense attorney as soon as possible is critical. The earlier an attorney is involved, the sooner they can protect your rights, preserve evidence, and build a strategy tailored to your unique case.

At Simmons & Wagner, we fight aggressively for individuals accused of sex crimes in Los Angeles and throughout California. We know what’s at stake, and we use every available tool—investigation, negotiation, and trial advocacy—to protect your future.

(949) 439-5857