Innocence Legal Team | Criminal Defense Attorney | Sex Crime Defense

CRIMINAL DEFENSE ATTORNEYS – WE DEFEND YOUR FREEDOM, CAREER AND REPUTATION


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Sex Crime Defense

Innocence Legal Team > Sex Crime Defense

PATRICK CLANCY IS ONE OF CALIFORNIA’S MOST SUCCESSFUL CRIMINAL DEFENSE ATTORNEYS

He has TRIED and WON more child molestation jury trials than any other attorney in the State of California

Not Guilty Verdict on all 16 counts of Child Molest Charges, each carries a sentence of 15 or 25 years to Life In 2013, I was falsely accused...

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Patrick Clancy saved my life and my career. I am a teacher and Patrick Clancy successfully defended me against allegations by eight of my elementary...

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Youth Soccer Coach Found Not Guilty of Child Molestation.  At 26 years old I had been a youth soccer coach for over 8 years and had trained over...

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I don't think another attorney would have been able to expose the truth like Mr. Clancy did. I was a 20 year well respected police officer…

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He Never gave up and gave us Hope. I was charged with two felonies counts Federal Court based upon this one photograph…I [had] installed...

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I am a Medical Doctor. Patrick Clancy successfully defended me against an allegation of sexual battery by a patient. I knew I needed an attorney...

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A Lawyer who will Fight.  My child's chronic illness and consequent missed school dates led to a declaration of truancy, and my arrest for Contributing...

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His Focus meant my freedom. When my teenage daughters wanted boyfriends more than a Dad, and my ex-wife wanted custody at any cost...

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I Was scared and worried for my life, until the day I Met Patrick Clancy.  I was accused of a lewd and lascivious act on a minor. The thought alone was...

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My case was as highly prejudice as you can get. My family are practicing naturist (nudist). I moved from California to Texas. I was then arrested...

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When my teenage daughters wanted boyfriends more than a Dad, and my ex-wife wanted custody at any cost, the false accusations flew wild...

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Un mexicano indocumentado con una condena previa por abuso de menores. ¡Mi vida había terminado! Recientemente, una sobrina joven me acusó ...

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I was arrested and had a bail of $1,850,000. My girlfriend found, hired, and paid Patrick Clancy a $25,000 retainer to represent me because her research said...

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“I Was scared and worried for my life, until the day I Met Patrick Clancy. I was accused of a lewd and lascivious act on a minor…Thanks to Patrick Clancy...

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“Case dismissed without trial. Mr. Clancy…studied my case which was voluminous…He then carefully selected items to show to the DA …

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“Patrick Clancy saved my life. Two girls falsely accused me of inappropriately touching them while I put them to bed when they were little…

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The Innocence Legal Team is
Highly Selective of the Cases We Accept

CASES WE ACCEPT:

You Have Maintained Your Innocence: It’s in our name.

You Are Facing Severe Consequences From A Wrongful Conviction: Loss Of Professional License/Livelihood/Reputation

You Are Willing and Able to Fund a Thorough Defense: Significant Financial Commitment required, including for Attorney Fees, Investigations (i.e. Accuser’s Background/Social Media) And Experts (i.e. Digital Forensics, Psychological, DNA, Etc.)

CASES WE DO NOT ACCEPT

You Have Admitted Guilt: You Have Confessed and Only Need Help in Sentencing.

Lack of Funding: You Are Unable or Unwilling to Fund a Thorough, Vigorous, Zealous Defense

Careers We Have Protected

Founders We Have Defended

Founder of Advertising Software Company
Founder of Bio-Medical Software Company
Founder of Tech Software Company
Founder Audiophile Equipment Manufacturer
Founder Cyber Security Firm
Founder of Attorney Referral Website
Founder of an Online Pet Supply Store
Founder of Laser Equipment Manufacturer

Besides Their Freedom, Founders Have at Risk

Loss of Investors Loss of IPO Opportunities
Loss of Reputation
Loss of Future Startups

Executives We Have Defended

CEO Sound equipment manufacturer
CEO of Silicon Valley Software Company (200 Employees)
CEO SF Medical Software Company
CEO of Tech Hardware Manufacturer
CEO of Employment Referral Company
VP of top 5-computer manufacturing company

Besides Their Freedom, Executives Have at Risk

Loss of Career
Loss of Reputation
Loss of Future Job Opportunities

Medical Providers We Have Defended

Chief of Surgery Major Interstate Hospital System
Anesthesiologist
Internists
Head Hospital Administrator
Sexologist
Chiropractors
Massage therapist

Besides Their Freedom, Medical Providers Have at Risk

Loss of Professional License
Loss of Reputation
Loss of Future Job Opportunities

Business Owners We Have Defended

Housing Contractors
Commercial building owner
Ranchers
Farmers
Insurance Brokers
Martial arts studio owner
Furniture store owner
Restaurant owners
Beverly Hills Restaurant owner
Day Care Providers

Besides Their Freedom, Business Owners Have at Risk

Loss of Customers
Loss of Reputation

High-Tech Personnel

Project Engineers
Software Programmers
Networking Engineers
Security Engineers
Programmers

Besides Their Freedom, High Tech Personnel Have at Risk

Loss of Career
Loss of Future Job Opportunities

Military Personnel We Have Defended

Air Force Officers
Navy Officers
Military Hitech Contractor
“Top Gun” Graduate Navigator
Nuclear Weapons Security Department Head
USAF Doctor

Besides Their Freedom, Military Personnel Have at Risk

Loss of Rank
Dis-Honorable Discharge

Public Servants We Have Defended

Police Watch Commander
Detectives
Patrol Officers
Mayor of Southern California City
Court translator
Fire fighter
Police Officers

Besides Their Freedom, Public Servants Have at Risk

Loss of Career
Loss of Job Opportunities
Loss of Reputation
Loss of Future Elections

Academics We Have Defended

Stanford University Director of …
College professors
High School Teachers
HS Gym Teacher
HS Science Teacher
Middle School Teachers
Elementary School Teachers

Besides Their Freedom, Academics Have at Risk

Loss of Career
Loss of Teaching Certificate
Loss of Future Job Opportunities

Professionals We Have Defended

Partner of Major SF Law Firm
Federal Lawyers
State Lawyers
Private detectives
Architect
Airliner Maintenance
Nuclear Engineer with Highest Government Security Clearance

Besides Their Freedom, Professionals Have at Risk

Loss of Professional License
Loss of Career
Loss of Reputation

Department Heads We Have Defended

Auto Sales Department Head International Car Company
General Manager of Interior/Exterior Landscaping Company

Besides Their Freedom, Department Heads Have at Risk

Loss of Career
Loss of Future Job Opportunities

People of Interest We Have Defended

National Brewing Company Heir
Wealthy philanthropist
Member of Motion Picture Arts and Sciences

Besides Their Freedom, People of Interest Have at Risk

Loss of Status in Their Community

Founders
We Have Defended

  • Founder of Advertising Software Co.
  • Founder of Bio-Medical Software Co.
  • Founder of Tech Software Co.
  • Founder Cyber Security Firm
  • Founder Audiophile Equipment Manufacturer
  • Founder of Attorney Referral Website
  • Founder of an Online Pet Supply Store
  • Founder of Laser Equipment Manufacturer

Besides Their Freedom,
Founders Have at Risk

  • Loss of Investors Loss of IPO Opportunities
  • Loss of Reputation
  • Loss of Future Startups

Executives
We Have Defended

  • CEO Sound equipment manufacturer
  • CEO of Silicon Valley Software Company (200 Employees)
  • CEO SF Medical Software Company
  • CEO of Tech Hardware Manufacturer
  • CEO of Employment Referral Company
  • VP of top 5-computer manufacturing company

Besides Their Freedom,
Executives Have at Risk

  • Loss of Career
  • Loss of Reputation
  • Loss of Future Job Opportunities

Medical Providers
We Have Defended

  • Chief of Surgery Major Interstate Hospital System
  • Anesthesiologist
  • Internists
  • Head Hospital Administrator
  • Sexologist
  • Chiropractors
  • Massage therapist

Besides Their Freedom,
Medical Providers Have at Risk

  • Loss of Professional License
  • Loss of Reputation
  • Loss of Future Job Opportunities

Business Owners
We Have Defended

  • Housing Contractors
  • Commercial building owner
  • Ranchers
  • Farmers
  • Insurance Brokers
  • Martial arts studio owner
  • Furniture store owner
  • Restaurant owners
  • Beverly Hills Restaurant owner
  • Day Care Providers

Besides Their Freedom,
Business Owners Have at Risk

  • Loss of Customers
  • Loss of Reputation

High-Tech Personnel
We Have Defended

  • Project Engineers
  • Software Programmers
  • Networking Engineers
  • Security Engineers
  • Programmers

Besides Their Freedom,
High Tech Personnel Have at Risk

  • Loss of Career
  • Loss of Future Job Opportunities

Military Personnel
We Have Defended

  • Air Force Officers
  • Navy Officers
  • Military Hitech Contractor
  • Top Gun Graduate Navigator
  • Nuclear Weapons Security Department Head
  • USAF Doctor

Besides Their Freedom,
Military Personnel Have at Risk

  • Loss of Rank
  • Dis-Honorable Discharge

Public Servants
We Have Defended

  • Police Watch Commander
  • Detectives
  • Patrol Officers
  • Mayor of So. Cal. City
  • Court translator
  • Fire fighter
  • Police Officers

Besides Their Freedom,
Public Servants Have at Risk

  • Loss of Career
  • Loss of Job Opportunities
  • Loss of Reputation
  • Loss of Future Elections

Academics
We Have Defended

  • Stanford University Director of
  • College professors
  • High School Teachers
  • HS Gym Teacher
  • HS Science Teacher
  • Middle School Teachers
  • Elementary School Teachers

Besides Their Freedom,
Academics Have at Risk

  • Loss of Career
  • Loss of Teaching Certificate
  • Loss of Future Job Opportunities

Professionals
We Have Defended

  • Partner of Major SF Law Firm
  • Federal Lawyers
  • State Lawyers
  • Private detectives
  • Architect
  • Airliner Maintenance
  • Nuclear Engineer with Highest Government Security Clearance

Besides Their Freedom,
Professionals Have at Risk

  • Loss of Professional License
  • Loss of Career
  • Loss of Career

Department Heads
We Have Defended

  • Auto Sales Department Head International Car Company
  • General Manager of Interior/Exterior Landscaping Company

Besides Their Freedom,
Department Heads Have at Risk

  • Loss of Career
  • Loss of Future Job Opportunities

People of Interest
We Have Defended

  • Nat. Brewing Co Heir
  • Wealthy philanthropist
  • Member of Motion Picture Arts and Sciences

Besides Their Freedom,
People of Interest Have at Risk

  • Loss of Status in Their Community

How We Win

The Problem
play-sharp-fill
  • The Problem
  • The Solution
  • Why We Protect Your Career
  • How We Protect Your Career
Transcript
Preparation, Preparation, Preparation…

Equalizing the imbalance of power with our team approach

Developing the right strategy

Defense of Sex Crimes Charges

Successful Defense of Sex Crime Allegations

Transcript

Countering Group Think Prejudice Against Criminal Defendants

Transcript

Understanding the Criminal Law Process

Transcript
a

Defense of Sex Crimes Charges

Defending Against
Child Molestation
Allegations

Defending Against
Child Porn
Allegation

Defending Against
Rape & Sexual
Assault Allegations

Defending Against
Internet Stings

Multi-Disciplinary Team

Leading Author

Patrick Clancy is the co-author of the book “Has a Child Been Molested?” Published in 1977, “Has a Child Been Molested?” shows how caring and intelligent people, including police officers, social workers, child therapists, teachers and even parents, may unwittingly create false accusations of sexual abuse. It explores the multiple myths labeled as “syndromes,” by which law enforcement and medical personnel have lead to so many false accusations against innocent people. This well cited book, available below for free download, concludes with information to assist in avoiding such accusations and steps one can take if they find themselves accused.

Has a Child Been Molested? authoritatively cited by:

Click here to download E-Book
a

What is your exposure

Molestation

Child Molestaion

Penal Code : PC 288(a)

Lewd Act On Child Under 14 By Force Or Duress

Penal Code : 288(b)

Age 14 Or 15

Penal Code : 288(c )

Continous Sex Abuse Of A Minor Under 14

Penal Code : 288.5

Sentencing Enhancement For Multiple Victims

Penal Code : 667.61

Substantial Sexual Conduct With Minor Under 10 Years Of Age

Penal Code : 288.7

Rape

Rape

Penal Code : PC261(a)(2)

Sexual Battery By Restraint

Penal Code : PC243.4(a)

Sentencing Enhancement For Multiple Victims

Penal Code : 667.61

Child Pornography

Child Pornography

Penal Code : PC 311.11(b)

Internet Sting

Arrange A Meeting With Minor

Penal Code : PC288.4(b)

Contacting a Minor to Commit a Felony

Penal Code : PC288.3

a

Understanding Criminal Charges: What You Need to Know.

Child Molestation
PC 288(a)/(b) Lewd Act on a child under the age of 14.
Elements
  • Defendant willfully and lewdly touched the body of a child.
  • The child was under 14 years of age.
  • The touching was done with the intent to arouse, appeal, or gratify the lust, passions, or sexual desires of the defendant or the child.
Defenses
  • Alleged victim is not under 14.
  • Contact was not sexual in nature.
  • False accusation.
Sentencing, Enhancements and Probations Eligibility
  • No force:
    • 3, 6 or 8 years in state prison.
    • Eligible for Felony Probation
  • Force or duress used: 5, 8 or 10 years in state prison
Collateral Consequences
  • Strike
  • Serious and violent felony
  • Possible Professional License revocation/suspension/restriction
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • DNA Bank
  • AIDS testing
PC 288.7(a) Sodomy with of a child under 10.
Elements
  • Defendant was 18 years of age or older.
  • Defendant engaged in sexual intercourse or sodomy with the victim.
  • The alleged victim was 10 years of age or younger.
Defenses
  • Victim was 10 years old or older.
  • Contact was not “sexual” in nature.
  • False accusation.
Sentencing
  • 25 to life
  • Probation Eligibility: No.
  • Three Strikes Law (2 prior felonies) – Life
  • Two or more Victims (Life)
Collateral Consequences
  • Strike
  • Serious and violent felony
  • Possible Professional License revocation/suspension/restriction
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • DNA Bank
PC 288.7(b) Sexual Penetration/oral Copulation of a child Under 10.
Elements
  • Defendant was 18 years of age or older.
  • Defendant engaged in oral copulation or sexual penetration with the victim.
  • The alleged victim was 10 years of age or younger.
Defenses
  • Victim was over 10 years old.
  • Contact was not “sexual” in nature.
  • False accusation.
Sentencing
  • 25 to life Low/Mid/High Term
  • Probation Eligibility: No.
  • Three Strikes Law (2 prior felonies) – Life
  • Two or more Victims (Life)
Collateral Consequences
  • Strike
  • Serious and Violent Felony
  • Possible Professional License revocation/suspension
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • DNA Bank
PC 287 Oral Copulation with a minor:
Elements
  • Defendant engaged in an act of oral copulation with a person. “Oral copulation” is defined as any contact between the mouth of one person and the sexual organ or anus of another.
  • The Victim was under 18 years of age.
Defenses
  • Alleged victim is not a minor.
  • Contact was not sexual in nature.
  • False accusation.
Sentencing
  • Victim Under 18:
    • Low: 16 months
    • Mid: 2 years
    • High: 3 years
  • Victim Under 16:
    • Low: 3 years
    • Mid: 6 years
    • High: 8 years
  • Victim Under 14:
    • Low: 7 years
    • Mid: 9 years
    • High: 11 years
  • Up to Life:
    • Substantial sexual conduct under 10 - oral cop/penetration
    • Third strike
    • Two or more Victims
  • Probation eligible: Only if the Victim is 17 or older.
Collateral Consequences
PC 286 Sodomy with a minor
Elements
  • Defendant participated in an act of sodomy with Victim.
  • The Victim was under 18 years of age. [PC286(b)
Defenses
  • Reasonably believed the victim an adult(limited)
  • False allegation
  • Consent
Sentencing
  • Victim Under 18:
    • Low: 1 year 4 months
    • High: 2 years
  • Victim Under 16:
    • Low: 16 months
    • Mid: 2 years
    • High: 3 years
  • Victim Under 14:
    • Low: 9 years
    • Mid: 11 years
    • High: 13 years
  • Probation Eligibility: Yes, if victim 14 or older.
  • Three Strikes Law (2 prior felonies) – Life
  • Two or more Victims (Life)
Collateral Consequences
  • Strike (if under 14).
  • Serious Felony (if under 14).
  • Violent Felony (if under 14).
  • Possible Professional License revocation/suspension/restriction
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • DNA Bank
  • AIDS testing
PC 288.5 - Engaging in the continuous sexual abuse of a child under 14 years of age
Elements
  • Defendant was a resident with the minor or had recurring access to the minor; and
  • Defendant over a period of not less than 3 months engaged in 3 or more acts of substantial sexual conduct, or 3 or more acts of lewd or lascivious conduct, with the victim who was under the age of 14 years at the time.
Defenses
  • Alleged victim not a “child”
  • There were no sexual acts
  • Falsely accusation
  • No recurring access
Collateral Consequences
  • Strike
  • Serious and violent felony
  • Possible Professional License revocation/suspension/restriction
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • DNA Bank
  • AIDS testing
  • Two or more Victims
  • D kidnapped victim - movement of victim substantially increased risk of harm to victim
  • D inflicted aggravated mayhem (PC 205)
  • D tortured victim (PC 206)
  • Act committed during residential (1st degree) burglary - D intended to commit sex act
  • D personally inflicted GBI (PC 12022.53, 12022.7, 12022.8)
  • D personally inflicted bodily harm on ·victim under 14 years of age
  • D kidnapped victim - movement did not substantially increase risk of harm to victim
  • D Act committed during residential burglary or commercial burglary when building closed to public
  • D used a weapon (PC 12022, 12022.3, 12055.5, 12022.53)
  • D convicted of specified sex offenses against more than one person
  • D engaged in tying or binding victim or another
  • D administered controlled substance (PC 12022.75)
Rape/Sexual Assault
PC 243.4 – Sex Assault
Elements
  • Touching the intimate part or parts of another person.
  • The touching was against that person’s will.
  • The touching was for the purpose of sexual arousal, gratification, or abuse.
Defenses
  • Consent
  • Insufficient Evidence
  • False accusation.
Sentencing
  • Low 2 years
  • Mid 3 years
  • High 4 years
  • Probation Eligibility: Yes.
  • Three Strikes Law (2 prior felonies) – Life
Collateral Consequences
  • Strike
  • Serious and violent felony
  • Possible Professional License revocation/suspension/restriction
  • Sex Registration
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
PC 261 - Rape
Elements
  • The defendant engaged in an act of sexual intercourse with a person other than the defendants spouse.
  • The act of intercourse was against the will of the alleged victim.
  • The act was accomplished by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the alleged victim or to another person.
  • The offense involved separate victims or involved the same victim on separate occasions. [PC 261 (a)(2)]
Defenses
  • Consent
  • No sexual intercourse occurred
  • False accusation.
Sentencing
  • Low 8 years
  • Mid 10 years
  • High 12 years
  • Probation Eligibility: No.
  • Three Strikes Law (2 prior felonies) – Life
Collateral Consequences
  • Serious and violent felony
  • Possible Professional License revocation/suspension/restriction
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
  • Sexually violent predator
Child Pornography
PC 311.11(a) – Possession of Child Pornography
Elements
  • Defendant knowingly possessed or controlled any matter, representation of information, data, or image that contained or incorporated in any manner obscene matter involving the use of a person under the age of 18 years.
  • Defendant knew that the matter depicted a person under the age of 18 years personally engaging in or simulating sexual conduct.
Defenses
  • Did not know person depicted was under 18.
  • Did not possess child pornography.
  • Unlawful search and seizure.
Sentencing
  • Low: 16 months
  • Mid: 2 years
  • High Term: 3 years
  • Probation Eligibility: Yes
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
PC 311.10(a) – Distribution of Child Pornography
Elements
  • Defendant advertised for sale or distribution any obscene matter.
  • Defendant had knowledge that the obscene matter depicted a person under the age of 18 years engaging in or personally simulating sexual conduct.
Defenses
  • Did not know person depicted was under 18.
  • Did not possess child pornography.
  • Unlawful search and seizure.
Sentencing
  • Low: 2 Years
  • Mid: 3 years
  • High Term: 4 years
  • Probation Eligibility: Yes
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
18 USC 2252 (Federal Charge) - Possession of Child Pornography
Elements
  • Defendant knowingly possessed media depicting a minor[s] engaged in sexually explicit conduct;
  • Defendant knew visual depictions contained in the media were of a minor[s] engaged in sexually explicit conduct;
  • Defendant knew that production of such visual depictions involved use of a minor in sexually explicit conduct;
  • Each visual depiction had been transferred using any means or facility of interstate commerce or affecting interstate commerce.
Defenses
  • Defendant did not possess the depictions.
  • The Depictions were not of minors;
  • Defendant did not know that the depictions were of minors.
  • Defendant did not know the visual depictions were created with the use of minors in sexually explicit conduct;
  • The depictions were not transferred in interstate commerce and the transfer did not affect interstate commerce.
Sentencing
  • 5 years to 20 years for first-time offense
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
Cyber Sting
PC 288.2 – Transmitting explicit or obscene matter to a minor with the intent of sexually arousing the sender and/or the recipient, and/or seducing the recipient.
Elements
  • Defendant knowingly sent, exhibited, distributed or offered to distribute by any means, obscene matter, or live or recorded telephone messages to a minor.
  • Defendant had knowledge that the victim was a minor or failed to exercise reasonable care in ascertaining the true age of the minor.
  • The defendant acted with the specific intent to arouse, appeal to or gratify the lust, passions, or sexual desires of his or her self or the child.
Defenses
  • Defendant did not transmit any “harmful matter”
  • Any matter transmitted was not “harmful”
  • No criminal intent
Sentencing
  • Low: 2 years.
  • Mid: 3 years.
  • High: 5 years
  • Probation Eligibility: Yes
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
PC 288.3 Contacting a minor with the No Intend to commit a lewd act.
Elements
  • Defendant willfully and lewdly touched the body of a child.
  • The child was under 14 years of age.
  • The touching was done with the intent to arouse, appeal , or gratify the lust, passions, or sexual desires of the defendant or the child.
Defenses
  • No intend to commit one of the underlying offenses.
  • Did not know the person was a minor.
  • Entrapment.
Sentencing
  • Low: 1 year, 6 months;
  • Mid: 3 years
  • High: 4 years.
  • Probation Eligibility: No.
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
PC 288.4 - Arranging a meeting with a minor with the intent to engage in sexual conduct.
Elements
  • Defendant arranged a meeting with a minor or person he or she believes to be a minor for the purpose of (1) exposing his or her genitals or pubic or rectal area, (2) having the child expose his or her genitals or pubic or rectal area, or (3) engaging in lewd or lascivious behavior.
  • Defendant was motivated by an unnatural or abnormal sexual interest in children.
  • Defendant went to the arranged meeting place at or about the arranged time.
Defenses
  • Not motivated by a sexual interest in children;
  • No intent to engage in lewd activity at the meeting;
  • Did not know the other person was a minor;
  • Entrapment.
Sentencing
  • Low: 2 years.
  • Med: 3 years.
  • High: 4 years.
  • Probation Eligibility: Special case.
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
664 288a Attempted Lewd Act on a child under the age of 14
Elements
  • Defendant intended to arouse, appeal , or gratify the lust, passions, or sexual desires of the defendant or the child and took a direct but ineffective step to lewdly touch the body of a child under 14 years of age.
Defenses
  • No direct act to commit a lewd act on a child
  • No intent to commit a lewd act on a child
  • Abandonment of the attempt.
Sentencing
  • Low: 16 months,
  • Mid: 4 years,
  • High: 4 years.
  • Probation Eligibility: Special case.
Collateral Consequences
  • Possible Professional License revocation/suspension/restriction
  • DNA Bank
  • Ineligible to vote while incarcerated
  • Ineligible to hold public office for life
  • Loss of right to serve as juror while incarcerated or on supervision
  • Impeachment of testimony possible
  • Deportation possible if not US citizen
  • Firearm prohibition
  • Sex Registration
a

Criminal Charges Can, and Often Do,
Lead to a “Three Ring Circus” of Litigation

A single criminal allegation causes you to be criminally charged.

A Single Felony Charge Can Lead to Other Litigation Against You.

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Professional License Administrative Hearings

Without the Right Strategy You Cannot Win.

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Family Law Court

A felony charge will often cause a spouse to turn against the accused.

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Juvenile Dependency Court

If a charged offense poses a threat to a minor, Children’s Services can initiate proceedings to remove minor children from the care of the accused.

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Civil Court

Alleged victims can also institute civil proceedings against the accused for the recovery of financial losses, pain and suffering and even punitive damages.

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Mistakes today have consequences in the future

Prior Attorneys

Too many times prior attorneys have used the wrong strategy and tactics.

Corrective Action

Stop. There is still time to take corrective action. The Innocence Legal Team Can Often Turn a Losing Strategy into a winning Strategy.

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Does hiring a local attorney give you an advantage with your case?

Judge & Prosecutor Connection Fallacy

Claimed connections by local attorneys with prosecutors and judges won’t help and may even hurt your chances.

Local Politics

Local counsel’s claims of knowledge of local politics won’t help you.

Expertise & Skill

Counsel’s skill, experience and expertise are all that matter.

call-attorney

When Do I Call an Attorney? Now. As soon as you learn of the problem/accusation

Your Team will work to derail criminal charges ever being filed against you.

Your Team will work to prevent loss of evidence in your favor such as a witness turning against you

Your Team will Intervene to prevent unfair interrogations and other psychological pressure on you.

Your Team will educate you regarding pretext phone calls and other police tactics which can devastate your defense.

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We Handle
Sex Crime Cases
Throughout the
State of California

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INNOCENCE LEGAL TEAM’S GOAL IS TO SCHEDULE A SAME DAY TELECONFERENCE APPOINTMENT. WE ACCEPT REQUESTS FOR MEETINGS AFTER HOURS AND ON WEEKENDS.

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