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Los Angeles Oral Copulation of a Minor Lawyers

June 23, 2016 Uncategorized

Consensual Oral Copulation with a Minor is a Crime
Oral copulation is considered contact of the mouth with the genitals of another person, and it is illegal to engage in such activities if either person is a minor. California law states that it is a crime to engage in sexual acts with any person that is under the legal age of eighteen, regardless of consent. Oral copulation with a sober minor is going to carry a lesser charge than incidents that occur when the minor is disabled or intoxicated. In these cases, it becomes considered an act committed with the minor as a result of force or fear. It is possible for the person accused of the crime to also be a minor when the sexual act happened, but prosecutors do not often prioritize this type of case.

Age Classification and Penalties of Statutory Rape
The ages of the defendant and victim in cases involving oral copulation with a minor are going to determine the type of penalties the individual could face.

-If the victim is at least 16, or the defendant is 21 or younger, the crime could fall under a misdemeanor or felony. A misdemeanor might result in a $1,000 fine, a year in county jail, and probation for the defendant. When circumstances influence a harsher sentence, the individual is going to be charged with a felony. Penalties could range from a maximum fine of $10,000, up to three years in California state prison, and formal probation.

-If the victim is under the age of 16, or the defendant is older than 21, it is going to result in a felony charge against the defendant.

-The defendant could serve a maximum prison sentence of eight year if a victim under the age of 14 is involved in the crime, and the defendant is more than ten years older.

Becoming a Registered Sex Offender in California
A sex crime conviction that involves a minor is going to result in the requirement to register as a sex offender. This person has the lifelong responsibility to register their status with the police of their current county or city. Renewal is due each time the defendant moves to a new address, as well as once per years within five business days of their birthday.

Failure to register is going to result in a misdemeanor or felony charge, depending on the original sex crime conviction.

Your Right to Request Legal Help
It’s the job of your experienced defense attorney to provide legal guidance and help you get the lightest sentence possible. Our lawyers are not afraid to represent sex crime offenders, nor will we ever pass judgement regarding your case details. The dedicated defense team focuses on the important details to ensure that you have adequate representation throughout the case. Regardless of a conviction, it might be possible to have the record expunged in certain circumstances. Although you must continue to register as a sex offender in California, it would prevent discrimination when applying for jobs or professional licenses.

California Penal Code 288 governs oral copulation by force or fear. It defines copulation as the act of placing the mouth of one individual with the sex organ or anus of another. Penetration isn’t required under the statute. Any oral touching whatsoever is sufficient to be prosecuted under the statute if it was committed forcefully or through instilling fear of immediate injury in the victim.

Elements of the crime
To prove a case of oral copulation by force or fear, the prosecution is required to prove the following elements:

  • The accused committed an act of oral copulation with another person
  • Without the second person’s consent
  • The act was accompanied by force, duress or fear of immediate bodily harm to somebody

If the alleged victim was a minor, proof of his or her age would also be required due to harsh graduated sentencing provisions.

Sentencing
Oral copulation by force or fear is a serious felony in Los Angeles or anywhere else in California. The age of the victim is pivotal in sentencing. A sentence can range from a prison term of:

  • Eight years in prison if the victim was an adult
  • 10 years in prison if the victim was between the ages of 14 and 18
  • 12 years in prison of the victim was under 14

In addition to a 12 year sentence for victims under the age of 10, an accused person can be charged with having sex with a minor. This carries a prison term not to exceed 15 years. Consecutive sentences are permitted. A conviction under the California Penal Code 288 requires an individual to register as a sex offender. Any failure to register can lead to an independent charge of failing to register as a sex offender.

Defenses to oral copulation by force or fear
A variety of defenses are available to a person accused of oral copulation by force or fear. Those might include:

  • Consent if the alleged victim was 18 or older
  • False accusations that were motivated by anger or other emotions
  • False memory, particularly with children who are susceptible to suggestion
  • Insufficient evidence without independent proof

Even the family of an alleged victim might make allegations out of malice. That’s when it might be argued that the accused person is the actual victim.

Every case alleging oral copulation by force or fear stands on its own set of facts, and the ability to assert selected defenses will turn on those facts. That’s why it’s critical for a person accused of oral copulation by force or fear in or around Los Angeles to speak with an experienced and focused criminal defense lawyer. That discussion would detail any evidence against the accused person and the defense strategy that should be employed.

Remember that the prosecution has the burden or proof. It has to prove the case against you beyond a reasonable doubt. Don’t help the prosecution meet that burden by giving a statement or confession. If you’ve been accused of oral copulation by force or fear or any other sex crime in or around Los Angeles, invoke your right to remain silent, and request an attorney immediately. Contact us right away for a free consultation and case evaluation. We’ll begin formulating your defense as soon as you retain us. Even if you plead guilty or are found guilty, alternative sentencing might be available. We’ll exercise every legal option that we can use on your behalf.

Your livelihood and reputation are at risk if someone has charged you with the crime of oral copulation by force. Penal code 288a PC is a crime that is similar to that of rape. You will need to consult with a seasoned attorney if you or someone you know has received such a charge. You must allow the attorney to get started with your defense strategy immediately. We understand your anxiety about the matter, and we can help to prove your innocence. An attorney can start working on your behalf the moment you hire that person to defend you.

What Does Oral Copulation by Force Mean?

The term copulation is a sophisticated term that refers to sexual intercourse. Oral copulation is a form of sexual intercourse that originates in the victim’s mouth. The mouth of the victim touches the offender’s genitalia in a sexual manner because he or she forced the person to do so.

The traditional concept of forced oral copulation is that the offender physically pushes the other person into the act against his or her will. However, some other situations can count as forced copulation, as well. One example is taking advantage of an intoxicated person who is too discombobulated and weak to resist the act. The offender can either place his or her mouth on the victim or force his or her genitals on the victim.

An offender can use threats to force a person into the act of oral copulation, as well. A person’s boss, for example, may threaten to fire him or her if the person refuses to comply. The person may also threaten to initiate some type of falsified legal proceeding if the person does not comply with the request. You may be facing accusations of any of the above-stated occurrences.

Penalties for Oral Copulation by Force

The crime of oral copulation by force is not a light matter. It yields a prison sentence of up to eight years and fines of up to $10,000. Furthermore, the nature of the crime demands that you register as a sex offender if you receive a conviction. Everything is on the line. You cannot afford to move forward without an attorney working on the case. Our firm has been serving people in the Los Angeles area for years. We can assure you that we have dealt with similar cases, and we can tell you the results of such cases.

Why Choose Our Firm?

Many law firms exist, but only one Los Angeles criminal defense attorney has the statistics and the dedication to fight for you the way that we do. Our aggressive attorneys do not use a passive strategy or a rollover strategy like some other firms do. We believe that your reputation and your freedom are being threatened. Therefore, we fight back. Our goal is to bring the truth of your innocence to light. Alternatively, our lawyers can battle for case dismissal, acquittals and sentencing leniency.

Contact Us Today

Do not be discouraged about your case. Contact us today and schedule an appointment with our attorney. You can tell that person the details of your case and show any documentation that you may have that supports your innocence. The lawyer will listen to your side of the case in a compassionate manner and then explain how he or she can address your case. The attorney can use one or several strategies to preserve your integrity and your reputation. Call us by telephone or short form so the lawyer can start developing your defense strategy.

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