San Diego Sex Crime Defense Attorneys

San Diego Lawyer Defends Against Sex Crime Charges

If convicted of a sex offense, you can face heavy penalties and could be branded as a sex offender for life. At jD Law Criminal Defense Attorneys, our San Diego criminal defense attorney, James N. Dicks, is highly qualified to provide the level of skill and legal know-how needed to help if you have been arrested and charged with a sex crime. He has successfully defended hundreds of criminal cases and knows what is at stake with a sex crime conviction.

Our firm is dedicated to helping our clients protect their rights. James N. Dicks has been selected to receive Avvo's Client Choice Award seven times, and he is recognized by Super Lawyers for providing our clients with outstanding service.

When you contact our San Diego sex crime defense lawyer, you are taking the right steps to protect your rights and maximize the possibility of a favorable outcome. Call (760) 630-2000 now to request your free, confidential consultation.

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Jim literally saved the rest of my life and I couldn’t be happier.

"...I was facing 4 felony charges with a maximum of 16 years in jail, Jim did everything he said he would and worked with me an my budget, I ended up with one misdemeanor, no jail no sex offender registration, he fought for me and my rights..."

- Ray Z.

What Is Considered a Sex Crime in San Diego?

Sex Crimes in California encompass a range of illegal acts that involve sexual misconduct or offenses against another person without their consent. The state's penal code defines various sex crimes, each with specific elements that must be proven for a conviction. This includes:

• Child Molestation: Child molestation is defined as any lewd or lascivious act involving a child under the age of 14.
• Child Pornography: This covers the creation, distribution, or possession of explicit material depicting minors.
• Failure to Register: In California, convicted sex offenders are required by law to register with local law enforcement. This is a process meant to aid in public safety and offender management. Failure to register as a sex offender is a criminal offense and can result in harsh penalties, including fines and jail time.
• Habitual Sexual Offenders: In California, these are individuals who have been convicted of multiple sex crimes. The state's legal system categorizes these offenders to signify a pattern of sexual misconduct, which typically results in more severe legal repercussions. This classification is important because it can influence sentencing decisions, parole conditions, and eligibility for rehabilitation programs.
• Indecent Exposure: This refers to the deliberate exposure of one's genitals in public to offend others.
• Lewd Conduct: This typically refers to the act of engaging in obscene behavior or public indecency. This may include public exposure or sexual acts where others may be offended or alarmed.
• Pimping/Pandering: Pimping occurs when someone derives support from the earnings of a prostitute, and pandering includes acts that convince someone to become a prostitute or continue being a prostitute.
• Prostitution: This is the practice of engaging in sexual activity with someone for payment.
• Rape: This is defined as non-consensual sexual intercourse achieved through force, threats, or when the victim is incapacitated or legally unable to give consent.
• Sexual Assault: This refers to any non-consensual contact or behavior of a sexual nature.
• Solicitation: This specifically pertains to the act of requesting or offering sexual acts in exchange for compensation.

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Understanding Sexual Exploitation Charges

The sexual exploitation of a minor is a serious criminal act that is often committed online in chat rooms and on websites. Commonly, an adult can face criminal charges for either propositioning a minor or attempting to seduce them; however, there are many crimes that may lead to such charges. For example, you may be facing exploitation charges if you have been accused of:

• Possessing, manufacturing, or distributing child pornography
• Trafficking a child for the purpose of making a profit
• Sending illicit or obscene materials to a child
• Enticing a child to engage in sexual acts over the internet
• Withholding basic necessities in exchange for sexual favors

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How Entrapment Is Used in Sex Crime Cases

Entrapment is a defense to criminal charges that is commonly used for sex crimes. Often, entrapment occurs online; Craigslist is a common outlet. A law enforcement agent will post an ad offering sexual services, and an unsuspecting individual responds affirmatively, only to find themselves arrested for doing so. Even agreeing to meet up for a sexual encounter without actually following through can result in criminal charges and severe penalties.

If a person was provoked or persuaded by law enforcement to commit a crime that the person most likely would not have committed otherwise, it is considered entrapment. You may have been recently arrested in North County for a sex crime that you feel was instigated by the police. If so, we at jD Law Criminal Defense Attorneys can help. Our firm has both experience and knowledge on our side.

If you can successfully prove that law enforcement agents persuaded you to commit a sex crime, this defense can protect you from a conviction. Proving that entrapment occurred rests on three factors:

• Law enforcement approached you and/or presented the idea of committing a crime
• You were not ready and willing to commit the crime
• Law enforcement utilized persuasive tactics to convince you to commit the crime

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Is Entrapment Legal in San Diego?

One common form of entrapment is law enforcement agencies that monitor chat rooms or other websites to locate sex offenders. They will create fake usernames and take on false identities; for example, a law enforcement officer may pretend to be a minor and flirt with an adult online. In this scenario, the police officer may talk the individual into sending photographs or even requesting photographs of the minor. Should this occur, the law enforcement agency may press charges against the adult for the exploitation of the minor — even if no illegal sexual activity actually occurred.

It is important to remember that although law enforcement may conduct these sting operations outside the scope of entrapment laws, you still have rights. By discussing your arrest with an experienced San Diego sex crime defense attorney, you may be able to more accurately discern whether your rights have been violated and whether or not law enforcement coerced you into acting in a manner that you normally would not have.

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What Is the Sex Offender Registry in San Diego?

In California, individuals convicted of sex crimes are required to register as sex offenders. This mandate is part of a broader public safety effort governed by laws such as Megan's Law, which was enacted after the tragic events that led to its namesake's establishment. The law mandates that certain information about registered sex offenders is made available to the public. This includes the offender's identity, their crimes, and their location. The registry is maintained by law enforcement agencies and is a tool designed to assist in preventing new offenses and facilitating community awareness.

Being listed on the San Diego sex offender registry carries significant consequences that can impact various aspects of a registrant's life. The most immediate effect is the societal stigma attached to being labeled a sex offender, which can result in social ostracization and difficulty in finding employment and housing. Registrants often face stringent living restrictions, prohibiting them from residing within certain distances of schools, parks, and other areas where children are present.

Sex offender registrants must adhere to rigorous reporting requirements, such as notifying law enforcement of any address change or employment updates. Non-compliance can lead to severe legal repercussions, including possible imprisonment.

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Providing Legal Defense for People Accused of Sex Crimes in San Diego

Facing allegations of sex crimes can be an incredibly daunting and distressing experience. Being accused of a sex crime may lead to public judgment, loss of employment, and irreversible damage to personal relationships. Legally, consequences range from hefty fines and mandatory registration as a sex offender to lengthy prison sentences.

To protect your freedom, jD Law Criminal Defense Attorneys can craft an effective legal defense that may one or more of the following strategies:

• Consent: This defense is based on consent and asserts that the alleged victim willingly participated in the sexual activity, negating the unlawful aspect of the act. For consent to be valid, it must be given freely, without coercion, and by an individual who has the capacity to make such a decision. The defense must prove that consent was clear, unequivocal, and ongoing throughout the encounter.
• Mistaken Identity: This defense arises when someone is wrongly accused of a sex crime due to an error in identifying the perpetrator. This can happen for various reasons, such as poor lighting, unreliable witness memories, or suggestive identification procedures by law enforcement. The defense's job is to cast doubt on the prosecution's evidence, showing that it does not conclusively link the accused to the crime. To support a mistaken identity claim, the defense may use alibis, witness testimony, or forensic evidence such as DNA to contradict the prosecution's allegations.
• Lack of Evidence: This defense strategy highlights situations where the prosecution has not provided enough credible evidence to prove the defendant's guilt beyond a reasonable doubt.
• An Alibi sefense: This is grounded in providing evidence that the accused was in a different location at the time the alleged crime took place and, therefore, could not have committed the offense. Proving an alibi involves gathering tangible evidence such as time-stamped receipts, video footage, electronic records, or testimony from credible witnesses who can confirm the defendant's presence elsewhere.
• Police Misconduct: Allegations of police misconduct may include improper handling of evidence, coercive interrogation tactics, failure to follow due process, or even planting or fabricating evidence. If such misconduct is proven, it can lead to the exclusion of improperly obtained evidence or, in some cases, dismissal of charges.
• Mental Incapacity or Insanity: This defense argues that the accused was suffering from a mental disorder at the time of the offense that either prevented them from understanding the nature and wrongfulness of their actions or rendered them unable to control their behavior. To successfully argue this defense, comprehensive psychological evaluations and expert testimony are necessary. The experts must demonstrate that the mental condition meets the legal standard for insanity or incapacity.

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An Experienced San Diego Defense Attorney Can Help With Your Sex Crime Charge

When going up against San Diego or Vista sex crime charges, you can expect the prosecutor to aggressively seek a conviction and the most severe penalties. The legal matter is so dangerous that your situation requires a powerful and creative lawyer who has achieved many successes with similar cases. In addition to thorough investigations, we know the areas of weakness to look for, the most advanced cross-examination techniques, jury selection strategies, and how to present a persuasive case.

Call jD Law Criminal Defense Attorneys at (760) 630-2000 to request a free case evaluation with a board-certified criminal law specialist.

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Sample of Case Results

• Child Molestation -
  Case Dismissed After Investigation
• Attempted Rape and Sodomy -
  Case Dismissed After Investigation
• Cyber Sex Child Molestation -
  Not Guilty

View more case results here.