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In the legal world, it can often be pretty difficult to sift through a mountain of legalese just to get at the underlying meaning that was intended behind the complicated jargon. And while this can be confusing and even convoluted, it can be much simpler if you’re able to take the law, break it down into manageable parts, and then see it for what it is. With that being said, in this post we’re going to take a look at the charge of intentional transmission of HIV or AIDS. We’re going to take a look at some of the definitions that are involved in this charge, some of the punishments you can expect to face should you be convicted, and a possible legal defense that you can use to either dismiss the charges or get them reduced by quite a bit. So let’s get started by looking at a couple of definitions.
Definitions of Intentional Transmission of HIV or AIDS
To be convicted of this particular crime, you’ll have to have exposed someone else to the HIV virus through unprotected sex when you knew at the time you had sex that you were HIV positive, that you didn’t disclose your HIV positive status to your partner, and you intended to infect that person with HIV. As with all of the other laws, all of the elements have to be in place in order to be charged with the crime. For the purposes of this law, it’s considered unprotected sex when you engage in either vaginal or anal sex without the use of a condom, either as a top or as a bottom. So now that we’ve gotten some pretty clear definitions when it comes to this law, let’s go ahead and take a look at the punishments you might face should you be convicted.
Punishments for Intentional Transmission of HIV or AIDS
Here’s where things get pretty scary. Since this is considered to be a more serious offense, the potential punishment you might be facing should you actually be convicted of intentional transmission of HIV or AIDS is either three, five, or eight years to be spent in California state prison. Given that you can expect to see such a strict sentence when it comes to this charge, you’re definitely going to want to know that you have capable counsel should this charge be brought up against you. With that said, let’s look at some of the legal defenses that you can use if you end up having to face this charge.
Legal Defenses for Intentional Transmission of HIV or AIDS
The main defense when it comes to this charge is that you either didn’t know that you had the HIV virus at the time, or that you didn’t actually intend to infect the person with the HIV virus. While this can be somewhat tricky to prove in court, it definitely is possible, so it’s worth looking into with the right lawyer. And on the topic of having the right lawyer…
We’ve got the right lawyers for the job. If you’re in a bind, get in touch with us today.
There’s basically no law in California’s penal code that we haven’t dealt with before. We’ve got the best lawyers for the job and plenty of experience to back up our claims. If you find yourself in some sort of legal bind, it’s best that you get in touch with us as soon as possible. We’ll work hard to either get your charges dropped, or at the very least get them reduced. So get in touch with us today. You’ll be glad you did.