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Understanding Unlawful Sodomy Charges in Los Angeles
Unlawful sodomy charges are complicated charges that need careful consideration when handling. If you or a loved one is facing charges of unlawful sodomy, it is essential to comprehend the charge, possible defenses, and how to get help from an attorney. A conviction of this crime carries severe legal consequences that can have a lasting negative impact on someone’s life.
What is Unlawful Sodomy?
Unlawful sodomy is a criminal offense defined under the California Penal Code Section 286 that encompasses sexual contact between one person’s penis and another person’s anus where consent is absent or unattainable. Previously, sodomy was a criminal act in California, but following a United States Supreme Court decision, it is no longer a crime if consensual. However, any acts of sexual contact deemed non-consensual or without legal consent, including sexual contact with an intoxicated, mentally or physically incapable, or unconscious person, are classified as unlawful sodomy.
Unlawful Sodomy Laws in Los Angeles
Violating the California Penal Code Section 286 for illegal sodomy is considered a felony offense, but there are some exceptions. Some violations of this law are known as “wobbler laws,” meaning they can be prosecuted as misdemeanors if the prosecutor chooses to do so. For instance, if both parties are facility patients or inmates, or if the victim is aged between 16 and 18, the prosecutor may opt for a misdemeanor charge. A conviction for misdemeanors often carries probation and imprisonment for up to one year and a maximum penalty of $1,000. If the act carried out under unlawful sodomy charges is severe, the penalties may increase, including prison time of up to three years, a $10,000 fine, and additional requirements under specific circumstances such as using fear or force to execute the act, or the victim is under fourteen years old.
Defense Strategies for Unlawful Sodomy
Unlawful sodomy charges have defenses that someone facing the accusations can pursue. The standard defense arguments for most crimes such as false accusations and an alibi are valid strategies that can be adopted in facing an illegal sodomy charge. Other defense strategies specifically tailored to defend such charges include challenging the inability to give consent where an alleged victim gave consent. Mistakes of facts, such as mistaken beliefs of the victim’s age, can serve as defense arguments for the charge.
Getting Help on Your Unlawful Sodomy Case
It is essential to take proactive steps when facing charges for unlawful sodomy, such as identifying witnesses, potential alibis, and the specific details surrounding the accusations. Consult experienced attorneys who have extensive knowledge of the legal system, including the courts, judges, and prosecutors in Los Angeles. Our lawyers can effectively act as an advocate in court by challenging the evidence against you, assessing the benefit of trial and any plea deals that may be offered by the prosecution. Our competent lawyers can provide adequate representation and help guide you through this difficult time to ensure the possible outcome.
California Penal Code Section 286 defines and outlaws all forms of sodomy, including the act of performing sexual acts involving two persons, where one uses his genitalia on the other party’s anus. The California Penal Code looks at both consensual and non-consensual sexual conduct and classifies the latter as sodomy.
Unlawful sodomy is a serious legal charge in Los Angeles, and if prosecuted and proven guilty, one may face significant legal consequences, including;
| Offense Description | Punishment |
|---|---|
| Victim was an adult | Felony conviction; probation with up to three years in state prison and a $10,000 fine. |
| Victim was under sixteen years | Felony conviction and imprisonment in a county jail for over 16 months and not exceeding three years |
| Victims include minors under 14 years old, use of fear or force to commit the offense, or repeats commits | Felony conviction; imprisonment in the state prison either for three, six, or eight years |
| Misdemeanor convicted | Probation and up to one year in jail and a maximum fine of $1,000.00 |
When facing charges of this nature, an individual can defend themselves against such accusations through a myriad of ways, including:
| Defense Strategies Against Unlawful Sodomy | Explanation |
|---|---|
| Consent defense | A defendant can provide evidence that the alleged victim gave consent. |
| Mistake of Fact | Showing that the accused had no reasonable knowledge that the victim was incapable of giving consent. |
| False accusations or Identity Defense | Claiming someone else committed the crime or that the person was not there when the offense took place. |
It is crucial to seek legal assistance from experienced attorneys when facing unlawful sodomy charges. Find a Los Angeles criminal defense lawyer with a successful track record of handling unlawful sodomy cases. The attorney will offer adequate representation in court and ensure that you get the possible outcome against the charges. Retaining a lawyer can improve the efficiency and presentation of your defense, which potentially saves your case.
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