Salinas Sexual Assault Defense Attorney

Expert Legal Defense Against Sexual Assault Charges in Monterey County

If you have been accused of sexual assault, you need an experienced criminal defense attorney. A conviction for this serious offense could result in imprisonment, thousands of dollars in fines, and a lifetime registration as a sex offender. 

You may have a life-altering conviction on your record that could affect your ability to get a job, obtain housing, and more. The consequences of a conviction are severe, and that's why you need an attorney dedicated to protecting your rights and defending you to the fullest extent of the law.

At The Worthington Law Centre, our Salinas sexual assault defense attorney is ready to help you. Attorney Worthington has years of experience handling a wide range of criminal cases and uses those skills to provide the best possible representation to his clients. When you work with our firm, you can be confident that you will be represented by an attorney highly respected in the community and with a proven track record of success.

Put our experience and skills to work for you. Contact us online or call (831) 704-1852 to get started!

Understanding Sexual Assault Laws in California

In California, "sexual assault" is primarily charged under the Criminal Sexual Assault statutes. These statutes are complex, defining prohibited sexual penetration or sexual conduct without consent. 

The severity of the charge depends heavily on the specific nature of the alleged act, the age of the alleged victim, the presence of force or threats, and any aggravating factors. A sexual assault defense attorney in Salinas must possess an in-depth understanding of these specific statutes and their precise legal definitions.

Sexual assault can occur in various situations, including at the workplace, school, or home. It can take place between strangers or between people who know each other. The victim is often too intoxicated or scared to fight against the attacker. In other cases, the victim may be too young to understand what is happening or to give consent.

Key California Sexual Assault Statutes:

Our Salinas sexual assault lawyer handles a wide range of sexual assault cases, including:

• Rape (Penal Code § 261): This is the core statute for non-consensual sexual intercourse
• Unlawful Oral Copulation (Penal Code § 287) & Unlawful Sodomy (Penal Code § 286): These statutes criminalize non-consensual acts of oral copulation or sodomy under similar circumstances as rape (e.g., by force, incapacitation, or with a minor).
• Sexual Battery (Penal Code § 243.4): This applies to non-consensual "sexual contact" (touching intimate parts for sexual arousal/gratification).
• Lewd Acts with a Child Under 14 (Penal Code § 288(a)): This is a severe felony, applicable when a person commits any lewd or lascivious act upon or with a child who is under the age of 14, with the intent of arousing or gratifying the sexual desires of either the person or the child.
• Continuous Sexual Abuse of a Child (Penal Code § 288.5): This targets patterns of abuse rather than single incidents. It applies when a person repeatedly commits acts of sexual abuse with a child over a period of 3 months or more.
• Unlawful Sexual Intercourse (Statutory Rape - Penal Code § 261.5): This specifically applies to sexual intercourse with a minor who is under 18 years of age, but consents to the act. It is still illegal because the minor is legally incapable of giving consent due to age.

Penalties and Collateral Consequences of Sexual Assault Convictions in California

Sexual assault is a felony offense that can result in serious penalties, including:

• Imprisonment: Ranges from up to 1 year in county jail for misdemeanors, to decades or even life in state prison without parole for serious felonies.
• Mandatory Minimum Sentences: Many felony offenses carry lengthy mandatory minimum prison sentences, significantly limiting judicial discretion.
• "Strike" Offense: Many convictions are classified as "Strikes" under California's Three Strikes Law, which can dramatically increase sentences for future felony convictions, potentially leading to 25 years to life.
• Sentencing Enhancements: Additional consecutive prison time can be added for factors like use of a firearm (10-25 years to life), Great Bodily Injury (GBI) (3-6 years), or gang enhancements.
• Post-Release Parole/Supervision: All felony prison sentences are followed by strict parole or community supervision, including sex offender treatment, with violations risking re-incarceration.

A sex crime conviction leads to mandatory sex offender registration, imposing severe residency and employment restrictions, and causing profound social stigma. This results in a permanent criminal record, loss of civil rights like voting and firearm possession, and significant travel restrictions. For non-U.S. citizens, it triggers immediate deportation and permanent inadmissibility, with rare cases leading to civil commitment after prison or severe impacts on child custody.

Potential Defenses Against Sexual Assault Charges in Salinas

Successfully defending against sexual assault charges requires a meticulous examination of the prosecution's evidence and a strategic application of various legal defenses. Our approach focuses on challenging the core elements of the crime and protecting your constitutional rights.

• Lack of Consent: Argue that sexual activity was consensual, presenting evidence of relationship dynamics, prior encounters, communications, or alleged victim's behavior to counter claims of force, threat, or incapacitation.
• Fabricated or False Allegations: Thoroughly investigate the accuser's credibility, motives for lying, and any history of inconsistent statements or suggestive interviewing techniques.
• Mistaken Identity: Prove that you were not the perpetrator by using alibi evidence, challenging eyewitness identifications, or showing other potential perpetrators exist.
• No Force or Threat of Force: Argue that no physical force or credible threat was used, and that any sexual activity was consensual or did not meet the legal definition of force.
• Insufficient Evidence: Argue for dismissal or acquittal by highlighting weaknesses, inconsistencies, lack of corroborating physical evidence, or delayed reports from the prosecution's case.
• Constitutional Violations: Aggressively file motions to suppress evidence obtained through unlawful searches/seizures, coerced confessions, or violations of your right to counsel.
• Alibi: Present compelling evidence that you were in a different location when the alleged crime occurred.

California's Statute of Limitations on Sexual Assault

California Penal Code § 799(b)(1) states there is no statute of limitations for certain felony sexual assault crimes. This law means that prosecution can begin long after the crime has been committed.

In California, while the absence of a statute of limitations for certain felonies allows victims to report crimes long after their occurrence, it also means that those accused of such offenses might face legal battles many years after the purported incident. 

For individuals in Salinas and greater Monterey County, which has its own distinctive legal system characteristics, having an attorney well-versed in state laws and capable of navigating these extended timelines is paramount. Being well-prepared and proactive by gathering evidence, contacting potential witnesses, and understanding case precedents can be essential in effectively defending such serious allegations.

Why You Need a Defense Attorney

When you are facing serious sexual assault charges, you need an experienced sex crimes defense attorney on your side. An experienced attorney can help you understand the charges against you and any potential defenses you may have. For example, an attorney can help you gather evidence to prove your innocence if you are falsely accused. If you are pressured into a plea bargain, an attorney can help you explore your options before deciding.

Why Choose The Worthington Law Centre for Your Criminal Defense

As a family-owned and operated firm established 50 years ago in the historic Hitchcock House, we've cultivated a welcoming and informative environment backed by a team of highly experienced and compassionate legal professionals.

Our firm boasts unparalleled criminal defense credentials, starting with Thomas Worthington, a Certified Criminal Law Specialist since 1977 and consistently recognized as one of "The Best Lawyers in America" and a "Top 100 Trial Lawyer." His son, Brian M. Worthington, also a Certified Criminal Law Specialist, quickly earned distinctions like Northern California Rising Star and Top 100 Trial Lawyer. Our team includes former prosecutor Carolyn Keeley, ensuring comprehensive insight.

 With decades of combined experience trying hundreds of cases across California, other states, and federal courts, we've achieved favorable results for countless clients, from misdemeanors to complex felonies. We represent individuals from all walks of life, including professionals and public officials, and are prepared to defend your rights with our proven winning record.

Contact Our Firm for a Free Consultation

If you are facing sexual assault charges, you need an attorney dedicated to protecting your rights and fighting for you. At The Worthington Law Centre, we are ready to provide you with the necessary defense. 

Call us at (831) 704-1852 or contact us online.