Defending Your Rights and Reputation in California
Being accused of a sex crime can be one of the most damaging and life-altering experiences a person can face. Allegations alone can affect your relationships, employment, reputation, and freedom. California imposes some of the harshest penalties in the country for sex offenses—often including long prison sentences, heavy fines, mandatory sex offender registration, and lifelong public scrutiny.
At Simmons Wagner, LLP, we defend clients throughout Orange County and across California, providing thorough, committed, and confidential defense representation. If you are under investigation or facing charges, call (949) 439-5857 for a confidential consultation.
What Are Sex Crimes Under California Law?
Sex crimes encompass a wide range of offenses involving alleged non-consensual acts, exploitation, or crimes involving minors. Below are some of the most common charges in California, with deeper insight into how they are prosecuted—and how Simmons Wagner, LLP defends against them.
Rape (Penal Code § 261)
Rape involves sexual intercourse without consent, allegedly accomplished through force, fear, coercion, fraud, or manipulation. These cases often hinge on complex questions about consent, impairment, credibility, and the circumstances surrounding the alleged event.
Common allegations include:
- Alcohol- or drug-related encounters where consent is disputed
- Claims involving prior relationships, former partners, or acquaintances
- Cases based solely on witness statements or delayed reporting
- Situations involving accusations of fraud, fear, or perceived coercion
Potential penalties include:
- Felony conviction, 3 to 8 years in prison (longer with aggravating factors)
- Mandatory sex offender registration
- Significant consequences for professional licensing, employment, and immigration
Key defense strategies:
- Demonstrating consent or mutual participation
- Exposing false accusations or ulterior motives
- Challenging insufficient or unreliable forensic evidence
- Highlighting inconsistencies in witness statements
Sexual Battery (Penal Code § 243.4)
Sexual battery involves touching an intimate body part of another person for sexual arousal or gratification without consent. While sometimes charged as a misdemeanor, it can also be a felony depending on the circumstances.
This charge often arises in situations such as:
- Alleged unwanted touching in social or public settings
- Misinterpreted physical contact at work or social gatherings
- Disputes involving former partners or acquaintances
- Allegations where there is no DNA or corroborating evidence
Potential consequences:
- Jail or prison sentence (up to 4 years)
- Mandatory registration as a sex offender in certain cases
- Loss of career opportunities, teaching credentials, or professional licenses
Possible defense arguments:
- Consent or misunderstanding of intent
- Accident or lack of sexual intent
- False or exaggerated allegations
- Insufficient evidence
Statutory Rape (Penal Code § 261.5)
Statutory rape does not involve force, coercion, or lack of consent—instead, it criminalizes sexual activity with a minor, even if both parties agreed. These cases can severely affect adults who believed the minor was of legal age.
What makes statutory rape complicated?
- The minor’s consent is legally irrelevant
- A mistaken belief about age may not be a complete defense
- Digital evidence (texts, social media, photos) is often central to the case
Penalty severity depends on age difference:
- Misdemeanor or felony charges based on age gap
- Possible jail or prison time, up to 4 years
- Potential sex offender registration
- Damage to reputation, custody battles, and professional licensing issues
Common defense strategies:
- Demonstrating lack of intent or knowledge of age
- Challenging digital evidence or investigative procedures
- Arguing for charge reduction or alternative sentencing
Child Molestation (Penal Code § 288)
One of the most serious sex crime charges, child molestation involves allegations of lewd or lascivious acts with someone under age 14. These charges may include both physical contact and inappropriate exposure or communication.
Cases may involve:
- Allegations from a child, parent, or family member
- Accusations during divorce or custody disputes
- Claims involving digital communication, photos, or social media
Penalties are severe and may include:
- Lengthy prison sentences, sometimes up to 10+ years
- Lifetime sex offender registration
- Monitoring, therapy, and parole restrictions
- Permanent consequences in family and civil court proceedings
Defensive strategies include:
- Challenging credibility and motives of accusers
- Exposing coaching or influence of third parties
- Questioning forensic and psychological evaluations
- Presenting alibi and digital evidence
Possession or Distribution of Child Pornography (Penal Code § 311)
These charges involve possessing, receiving, distributing, or producing sexual images or media involving minors. Cases often stem from computer searches, law enforcement monitoring, or digital tracing.
Key risk factors include:
- Files unintentionally downloaded from popups or spam links
- Shared devices or cloud accounts with multiple users
- Misinterpretation of digital file metadata
- Alleged online chat or peer-to-peer sharing
Consequences of conviction:
- Felony charges with significant prison terms
- Lifetime sex offender registration (Tier III)
- Limits on internet use, residency, travel, and employment
- Possible federal charges in addition to state prosecution
Defense strategies:
- Challenging ownership or control of the device
- Questioning digital forensics and file accessibility
- Proving lack of intent or knowledge
- Identifying illegal search or seizure of digital devices
Sexual Assault or Spousal Rape (Penal Code §§ 261, 262)
Sexual assault charges involving spouses or cohabitants are increasingly common—particularly in cases involving separation, divorce, or domestic disputes. California law treats these allegations very seriously, and prior relationship status does not eliminate the need for proof of consent.
Often involves:
- Allegations during divorce or custody disputes
- Claims of sexual coercion, intoxication, or emotional manipulation
- Conflicting digital evidence (texts, videos, social history)
Potential penalties include:
Prison time, fines, protective orders
Mandatory counseling or treatment programs
Possible lifetime registration under Penal Code § 290
Defense strategies:
Demonstrating ongoing consensual relationship
Using communication records to contradict allegations
Challenging credibility and potential motive for false accusation
Luring or Soliciting a Minor (Penal Codes § 288.3 and § 288.4)
California takes allegations of communication-based offenses involving minors extremely seriously, even when there is no physical contact. Penal Code § 288.3 and § 288.4 specifically address situations involving electronic communication, social media, texting, or online platforms.
Penal Code § 288.3 – Contacting a Minor with Intent to Commit a Felony
Under PC 288.3, it is a felony to contact or communicate with a minor—or someone believed to be a minor—with the intent to commit a broader felony sex offense. This charge often arises from online chats, text messages, or law enforcement sting operations.
These cases often involve:
- Undercover law enforcement posing as minors in sting operations
- Alleged “grooming” through messages, photos, or social media interactions
- Communications interpreted as preparation for contact-based offenses
- No actual minor involvement, only an implied belief of minor status
Potential penalties include:
- Felony conviction and up to 3 years in state prison
- Mandatory sex offender registration under Penal Code § 290
- Enhanced sentencing if tied to other sex offense charges
- Immigration, licensing, and employment consequences
Key defense strategies:
- Demonstrating lack of intent to commit a felony
- Challenging the authenticity or context of online communications
- Establishing entrapment or improper law enforcement tactics
- Proving that the defendant did not believe the person was a minor
Penal Code § 288.4 – Arranging a Meeting with a Minor for Lewd Purposes
PC 288.4 criminalizes arranging—or attempting to arrange—a meeting with a minor for any lewd act, even if the meeting never occurs. A planned or attempted meet-up, even without physical contact, may be charged as a felony.
These cases frequently involve:
- Alleged plans for in-person meetings set up through chat apps or messaging
- Online sting operations where no real minor is involved
- Chats interpreted as “lewd” or “sexual” regardless of actual actions
- Cases where meeting location or time was discussed but never confirmed
Possible consequences:
- Felony conviction with up to 4 years in state prison
- Lifetime or tiered sex offender registration
- Loss of professional credentials or teaching licenses
- Potential federal investigation and charges
Defense strategies may include:
- Collateral evidence showing no intent to meet or engage in illegal conduct
- Proving that conversations were hypothetical, role-play, or misinterpreted
- Challenging digital forensics and metadata authenticity
- Demonstrating entrapment or coercive investigative conduct
Potential Consequences of Any Sex Crime Conviction
Being convicted of a sex offense in California can lead to long-term punishments, including:
- Long prison sentences—often with mandatory minimums
- Registration as a sex offender (tiered under SB 384)
- Permanent criminal record affecting housing, employment, and licensing
- Restraining orders and probation restrictions
- Loss of parental rights in custody proceedings
- Lasting reputational and social consequences
Our Approach
At Simmons Wagner, LLP, we believe that every client deserves a strong and principled defense—especially in cases with high emotional, social, and legal consequences.
We focus on:
- Early intervention: Protecting evidence, identifying improper law enforcement actions, and advising you before mistakes are made.
- Strategic defense planning: Utilizing digital forensics, expert evaluations, medical records, and communication logs.
- Consent-based arguments: Presenting context, history, or relationship evidence to challenge allegations.
- Negotiation & litigation: Pursuing dismissal, reduction of charges, or alternative sentencing if appropriate.
- Privacy protection: Preserving confidentiality, minimizing exposure, and protecting professional interests.
Why Trust Simmons Wagner, LLP in California Sex Crime Cases?
- Deep knowledge of state and federal sex crime laws
- Experience cross-examining expert witnesses
- Strategic use of digital, psychological, and forensic evidence
- Compassionate, judgment-free defense counsel
- Discreet, professional handling of sensitive matters
- Skilled trial advocacy when the stakes are highest
Contact Us
If you have been accused of a sex crime, it is critical to act quickly to protect your rights, privacy, and reputation. Call (949) 439-5857 to schedule a confidential consultation with Simmons Wagner, LLP. We will review your case, explain your legal options, and begin building a strong defense immediately.