Sex Crimes Misdemeanors Or Felonies?
Understanding the classification of sex crimes is of utmost importance, as it can significantly influence the legal consequences. All crimes, including sex crimes, are categorized as misdemeanors or felonies. The majority of sex crimes are felonies due to their serious and often traumatic nature. However, there are also lists of misdemeanor sex crimes, such as sexual battery under California Penal Code Section 243.4, which involves non-penetrative sexual touching.
But, if you look at the list of sex crimes, just about all of them are felonies — crimes like lewd conduct and more innocuous crimes — solicitation of prostitution is typically going to be a misdemeanor. Prostitution is a wobbler and can be filed as a misdemeanor or a felony.
Type of Behavior
It's crucial to consider the type of behavior involved and exactly what happened, as this will typically dictate whether the case will be filed as a misdemeanor or a felony. A lot of people come to me before the case is filed. We discuss the alleged behavior, and we usually get a pretty good feel as to whether or not the case might be charged with a misdemeanor or a felony.
There are very few wobblers in sex crime cases. Another wobbler example would be PC 261.5, which is consensual sex with someone under the age of 18. Where you start to get in trouble is when the victim's age is close to below 14 years old.
Many of these cases are not only straight felonies, but they're being charged, and the person's looking at 15 to life. So, sex crime cases have reached a point where the potential consequences are severe. It's simply not worth being anywhere near them — anywhere involved with them — because you're looking at many years in prison should there be a bad situation related to a sex crime. This emphasis on the potential consequences is to make you fully aware of the gravity of the situation and the need for immediate legal counsel.
Sex Crime ‘Wobblers”
So, when it comes to determining whether a case is a misdemeanor or, a felony, or a wobbler, which can be charged as both, it's important to note that the vast majority of sex crimes are felonies. A tiny percentage are misdemeanors, and also a small percentage of sex crimes are wobblers. This legal term signifies the potential for the charge to be either a misdemeanor or a felony, depending on the circumstances.
If you find yourself in a situation where you or a loved one is charged with a sex crime or about to be accused of one, it's crucial to seek legal counsel. Sitting down with an experienced attorney like me, who's been handling sex crimes for twenty-five years, can provide a clear understanding of the potential charges based on the allegations, the person's criminal record, and the circumstances of the sex crime. This step is crucial for your reassurance and guidance in such a challenging situation. Remember, seeking legal counsel is not just important; it's necessary.
Based on the allegations, the person's prior criminal record, and the scenario surrounding the facts and circumstances of the sex crime, we should be able to give you a pretty good feel as to whether or not the sex crime will be charged as a misdemeanor or a felony. This advice is urgent and important, so we encourage you to call our California sex crime defense attorneys to review your case.
The difference between a misdemeanor and a felony as it relates to sex crimes is huge because if it's a misdemeanor, you're typically only looking at jail time or county jail time. If it's a felony, you usually look at many years in prison. So, it's a huge difference. Also, now, with the new three-tier system, for most misdemeanors, you're not going to have to register as a sex offender for the rest of your life, whereas for a lot of felonies, you will. So, that's another issue that you have to consider and think about when dealing with a sex crime case in Los Angeles.
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