You never thought it would come to this. The accusation may be a misunderstanding, exaggerated, or false. In Burbank, CA, a sex crime allegation can put prison, PC 290 registration, and your reputation at risk before a case is even filed. What you do in the first 48 hours matters.
For Burbank, CA, residents in need of defense against sex crime accusations, there's a clear choice of who to turn to: The Law Offices of David S. Chesley. Our attorneys fight for our client's rights. Our goal is to find the best outcome for you, whatever that looks like for your situation.
We give you someone you can count on. Call (800) 755-5174 or send us a note online to talk to a sex crimes lawyer in Burbank, CA.
President David S. Chesley, Burbank, CA, criminal defense since June 2005, SBN 236611.
Why Burbank, CA, Sex Crime Cases Are Different
Burbank, CA treats sex crime accusations very seriously. Without an experienced sex crimes attorney, you could be facing:
- A potentially lengthy prison sentence
- Registration as a sex offender
- A social stigma that will follow you after release
- The potential loss of child custody
- A federal firearms ban and, in some cases, passport restrictions
Don't try to face these consequences alone. The right Burbank, CA, sex crimes lawyer can help you minimize or even avoid them.
Arrested for a Sex Crime in Burbank, CA? Take These Steps Now
- Don't talk to the person accusing you — even to apologize or "explain." This can hurt your case in the long run.
- Do not talk to police, detectives, or campus investigators. Only provide answers after consulting with your Burbank, CA, sex crimes lawyer
- Don't share your phone or let investigators access your property without a warrant and if you don't have a defense attorney present.
- Gather any evidence you can find. Don't delete anything, as this can be twisted as hiding evidence.
- Write a private timeline for your lawyer only: dates, locations, witnesses, alcohol, prior relationship, and who else had a motive.
- Obey court orders — breaking these can hurt your case.
- Talk to a professional for help handling the stress — a counselor or one trusted person who will not post about it.
Above all of the above, the most important thing you need to do is get help from an expert Burbank, CA, sex crimes defense lawyer right away. .
Get Help With the Following Burbank, CA, Sex Crime Charges
Rape and Sexual Assault
Rape is arguably the most serious sex crime charge you can face in Burbank, CA. A conviction can send you to prison for years, and permanently put you on the sex offender registry. Sexual assault, meanwhile, is a catch-all term for several violent sex crimes (often including rape and sexual battery).
Spousal rape under former PC § 262 was repealed in 2021. As of January 1, 2026, SB 258 also removed the remaining spouse-capacity carve-out in PC § 261. Rape inside a marriage is charged like rape between any other two people.
"Sexual assault" is not one statute — it often means rape, sexual battery (PC § 243.4), nonconsensual oral copulation (PC § 287), nonconsensual sodomy (PC § 286), or nonconsensual penetration with a foreign object (PC § 289).
Sexual battery under Penal Code section 243.4 involves nonconsensual touching of an intimate part for sexual arousal, gratification or abuse. Unlawful restraint is required by some subdivisions, but not every form of the offense. The charged subdivision controls the elements prosecutors must prove.
Child Sex Crimes
There are a wide range of potential child sex crime accusations in California, including lewd acts with a child, sexual abuse, and possession of child pornography. Some child sex crimes don't even have to involve actually abusing a child — California's enticing a minor statute makes it a crime just to try and presuade a child into engaging in sexual conduct, whether or not they actually do.
Statutory Rape
Unlawful sexual intercourse with a minor is a misdemeanor or a wobbler depending on ages. Important 2026 change: for offenses on or after January 1, 2026, SB 680 added certain PC § 261.5(c) and (d) convictions to PC § 290. Those cases can require Tier 1 (10-year) registration, unless the defendant was not more than 10 years older than the minor and that is the only registerable conviction. Courts can still order registration under PC § 290.006. Offenses before January 1, 2026 are not brought onto the registry by SB 680. This should be analyzed before any plea.
California has no general "Romeo and Juliet" exemption for unlawful sexual intercourse with a minor. Under Penal Code section 261.5, a close age difference can affect the charging level: subdivision (b) addresses a minor who is no more than three years older or younger than the defendant. The specific offense, ages, offense date and other facts must be reviewed separately from any registration question.
Online and Digital Sex Crimes
Online and digital sex crimes can be particularly complicated in California. Sending harmful material to a person believed to be a minor can violate PC § 288.2, even if the recipient is an adult posing as a minor. Prosecutors must prove the required knowledge and intent, including intent to arouse sexual desire and to engage in specified sexual conduct with that person. A belief about age alone does not make every message described as sexting this offense. Sexting can also overlap with stalking charges.
AI and Deepfake Pornography
As AI continues to advance at a fast rate, California lawmakers are setting limits for its use. This is related to sex crimes, specifically for generative pornographic content. Recent laws have established that AI-generated child pornography can be prosecuted as if it were an image of an actual child. Additional laws can apply to realistic deepfake intimate images. Under Penal Code section 647(j)(4)(A)(ii), prosecutors must prove intentional creation and distribution, that the distributor knows or reasonably should know distribution will cause serious emotional distress, and that the depicted person suffers that distress; statutory exceptions also apply. As these laws continue to develop, it's important to work with a sex crimes lawyer in Burbank, CA, who is familiar with the most recent laws and updated regulations.
Human Trafficking
Sex trafficking is charged under Penal Code § 236.1(b) and (c) and carries some of the most severe penalties available in Burbank, CA, court. Subdivision (b) covers depriving someone of their liberty to commit pimping, pandering, or child pornography offenses, punishable by up to 20 years in state prison. Subdivision (c) covers persuading or attempting to persuade a minor to engage in a commercial sex act, and can carry 15 years to life when force, fear, fraud, or coercion is used. A conviction requires lifetime Tier 3 sex offender registration. These cases frequently overlap with pimping and pandering allegations and often turn on financial records, communications, and the alleged victim's own statements.
Related Charges
In Burbank, CA, we also defend indecent exposure (PC § 314), lewd conduct in public (PC § 647(a)), failure to register (PC § 290.018), prostitution and solicitation (PC § 647(b)), pimping/pandering (PC §§ 266h, 266i), incest (PC § 285), aggravated sexual assault of a child (PC § 269), and assault with intent to commit a sex offense (PC § 220). Former § 653.22 loitering-with-intent cases are historical because that provision was repealed effective January 1, 2023; former convictions have a separate relief path under § 653.29. Those pages are linked from the list below.
Prostitution and Related Offenses
Penal Code section 647(b) addresses specified acts of prostitution, solicitation and agreements involving sexual intercourse or lewd acts for money or other compensation. An agreement charge requires both the specific intent to engage in the act and an additional act in furtherance. Ordinary adult cases are generally misdemeanors, but penalties differ for buyers who solicit minors and can include felony punishment in the circumstances specified in section 647(l). Section 647(b)(5) excludes commercially exploited children under 18 from prosecution for conduct undertaken to receive payment. The exact charge, ages and alleged conduct must be reviewed before stating the possible sentence.
Don't take these charges lightly — your Burbank, CA, sex crimes lawyer can help you find a positive outcome.
Related allegations can include solicitation and pimping or pandering; each has its own elements.
Accused of a Below Sex Crime? Call Us Today
Aggravated Sexual Assault of a Child · AI-Generated / Deepfake Sexual Content · Annoying or Molesting a Child · Arranging a Meeting With a Minor · Assault with Intent to Commit a Sex Offense · Child Molestation (PC 288) · Child Pornography · Enticing a Minor · Failure to Register · Human Trafficking (Sex Trafficking) · Incest · Indecent Exposure · Lewd Acts · Lewd Conduct in Public · Loitering to Commit Prostitution · Oral Copulation by Force · Oral Copulation or Sodomy With a Minor · Penetration by Force · Pimping and Pandering · Prostitution / Solicitation · Rape · Revenge Porn · Sex With a Minor / Statutory Rape · Sexting Involving Minors · Sexual Abuse · Sexual Assault · Sexual Battery · Sodomy by Force
Step-by-Step Guidance From an Experienced Burbank, CA, Sex Crimes Attorney
Pre-filing and investigation. The best way to beat a criminal charge is to avoid having it filed in the first place. You don't have to wait until you're under arrest to get an attorney — our sex crime defense attorneys can help you the moment police contact you. We will guide you through interviews, negotiate with authorities, and set the ground for a strong legal defense, should it become necessary.
Discovery and forensics. Evidence can play a major role in sex crime cases. We'll not only look at everything that the state has discovered, but also conduct our own investigations to find anything that can help your defense.
Motions. Suppression. If we find that any of the state's evidence was wrongfully obtained, we will file a motion to suppress it, removing it from the case against you. And if their case is sufficiently weakened, we'll follow up with a motion to dismiss the charges against you.
Negotiation. Many criminal charges in Burbank, CA, end in plea deals. With relationships in courts across California, the Law Offices of David S. Chesley are ready to negotiate on your behalf.
Trial and sentencing. Not every plea deal offered is acceptable. If we can't find an option that works for you, we're prepared to fight in court for your freedom. Even if the outcome at trial isn't what you were hoping for, we'll advocate for lenient sentencing.
Looking for a Sex Crimes Lawyer in Burbank, CA? Don't Overlook These Factors
- Previous experience defending clients against similar or the same charges
- Readiness to help right away, no matter what stage your case is at
- Ideas for how to approach defense in your case
- A positive reputation with former clients
- A record of results in Burbank, CA, courts — not just a list of charges
Burbank, CA, Sex Crime Penalties: What You're Facing
| Charge | Statute | Level | Typical Custody Range |
|---|---|---|---|
| Rape | PC § 261 | Felony | 3, 6, or 8 years state prison; fine up to $10,000 |
| Statutory Rape | PC § 261.5 | Misd. or wobbler | Up to 1 year jail, or 16 months–4 years (facts-dependent) |
| Sexual Battery | PC § 243.4 | Misd. or felony | Up to 6 months jail, or 2, 3, or 4 years prison |
| Lewd Act With a Child Under 14 | PC § 288(a) | Felony | 3, 6, or 8 years (higher if force or younger child) |
| Arranging a Meeting With a Minor | PC § 288.4 | Wobbler | Up to 1 year jail, or 2, 3, or 4 years prison |
| Indecent Exposure | PC § 314 | Misd. or felony | Up to 1 year, or 16 months–3 years |
| Child Pornography Possession | PC § 311.11 | Wobbler / felony | Jail, or 16 months–3+ years; registration often Tier 3 if felony |
| Prostitution / Solicitation | PC § 647(b) | Misdemeanor | Up to 6 months jail; fine up to $1,000 |
Enhancements (great bodily injury, weapon use, multiple victims, age of the complaining witness, prior strikes) change these numbers. Every case is individual. A rape conviction can also carry a separate PC § 264 restitution fine directed to victim assistance programs.
The Sex Offender Registry (PC 290)
California maintains a public sex offender registry. The length of time a person is required to be on the registry depends on the specific offense:
- Tier 1 — normally 10 years, but some minors will only be put on the registry for 5 years. Examples: many misdemeanor sexual battery and indecent exposure convictions; some PC § 261.5 convictions for offenses on or after January 1, 2026, under SB 680.
- Tier 2 — 20 years for adults, but 10 years for some juveniles. Examples: repeated annoying of a child, some sodomy cases, and some rape cases.
- Tier 3 — lifetime for the most serious offenses (e.g., forcible rape, many child-victim force cases, many felony child pornography convictions) and certain repeat or high-risk designations.
On top of the lengthy time periods of registration, failure to register is an offense in and of itself. While on the registry, you can be facing challenges finding a house or job, restrictions on where you are able to travel, and a devastating social stigma. Your sex crimes lawyer can help you petition for removal once you're eligible for relief.
Defenses Our Burbank, CA, Sex Crimes Lawyers Use
- Consent can be a powerful defense and/or mitigating factor — so long as the alleged victim had the capacity to give it
- Reasonable, good-faith mistake as to the accuser's age (the "Hernandez defense," CALCRIM No. 1071) — available for statutory rape under PC § 261.5, but not available for lewd acts with a child under 14 (PC § 288) or for human trafficking (PC § 236.1), where a defendant's belief about age is not a defense as a matter of law
- False or motivated accusation False accusations — some people use false sexual assault or rape allegations as a way to hurt another person or gain leverage in a custody battle
- Identity / alibi
- Insufficient proof of a required element — you have the presumption of innocence on your side. When the prosecution fails to overcome this, your defense needs to explain it to the jury
- Unlawful search of phones and cloud accounts
- Weak evidence that can be dismantled through examination
- Entrapment or lack of intent in sting cases
- Statute of limitations or charging defects
Your Burbank, CA, sex crimes attorney can help you pick out the right defense strategy for your case. And if it goes to trial, they are prepared to argue it in front of a jury.
Recent Sex Offense Case Results
- Soliciting a Prostitute (PC § 647(b)) and Loitering with Intent to Commit Prostitution (PC § 653.22) — All Charges Dismissed. This client was accused of soliciting a prostitute who was a police agent working undercover. We evaluated potential entrapment issues and enrolled our client in a diversionary, educational program. The court dismissed the charges, and no lingering public records are available..
- Statutory Rape (PC § 261.5) — Protected Client From Jail, Sex Offender Registry, and Record. Our skillful team leveraged plea negotiations to help our client avoid a prison sentence and stay off of the ex offender registry.
- Rape (PC § 261) — Facing 25 Years to Life, All Charges Dismissed Before Trial. The client was present at a gathering where two other individuals were separately accused of assaulting a woman; the client had no involvement in the alleged conduct. We demonstrated the client's lack of involvement, and the court dismissed all charges at the preliminary hearing.
- Kidnapping (PC § 207) and Unlawful Sexual Intercourse with a Minor (PC § 261.5) — Facing 6 Years State Prison, No Jail Time, No Sex Offender Registration. Through a defense built around consent, we negotiated a resolution giving the client credit for time served, with no strike and no sex offender registration.
- Child Molestation (PC § 288) and Sodomy with a Child Under 10 (PC § 288.7) — Protected Client Against Lifetime Imprisonment and Sex Offender Registration. A conviction of these charges would have sent our client to prison for life, along with permanent sex offender registration. We demonstrated that the allegations had been fabricated, and the court dismissed all charges at the preliminary hearing. Our client's reputation is also protected, as there are no public records of this case.
While past cases can help inform you on a firm's abilities, they do not necessarily represent results for a future case. Our sex crime defense attorneys will evaluate your case based on its own merits and help you in finding the best outcome for your unique situation.
Frequently Asked Questions for Sex Accusations in Burbank, CA
Is it still important to hire an attorney if you're innocent?
Yes. A denial alone may not put relevant messages, witnesses or timeline evidence before investigators. Counsel can preserve records, review interview or search requests and identify the elements the state would have to prove. An innocent person may still be investigated or charged; representation cannot guarantee that prosecutors decline a filing. Do not ask an accuser or witness to change a statement, especially if a contact order applies.
Would a conviction of a sex crime affect my immigration status?
It could, but the result depends on the precise conviction and the person's immigration history. Some convictions create serious immigration problems; neither deportation nor citizenship denial follows automatically from the broad label “sex crime.” Criminal and immigration counsel should review the proposed statutory disposition before a plea, including whether a different lawful outcome changes the analysis.
Can I get in trouble for sexting in California?
“Sexting” describes many different acts rather than one charge. Ages, content, whether an image was requested or created, how it was possessed or shared, and consent can point to different California or federal statutes. A text message, a file depicting a minor and a nonconsensually distributed adult intimate image raise different questions. Preserve the full exchange without forwarding potentially unlawful material and identify the actual statute before discussing a defense.
Does statutory rape require registration now?
For specified Penal Code § 261.5 convictions based on conduct committed on or after January 1, 2026, § 290 now requires a case-specific review. The statute includes an exception when the person was not more than ten years older than the minor and the conviction is that person's only registrable offense; § 290.006 also allows separate court-ordered registration. The offense date, subdivision, age evidence and entire record must be checked before a plea. Do not assume every § 261.5 allegation has the same registry result.
Does California require sex offenders to inform their neighbors?
Penal Code § 290 requires reporting to the designated law-enforcement agency, not a blanket personal announcement to neighbors. Public Megan's Law display is a separate question, and an individual court or supervision order could impose other conditions. Read the actual agency instructions and order before deciding what is required in a particular case.
Accused of a Sex Crime? Call Now
There isn't an easy way out of this, but with the Law Offices of David S. Chesley, you'll get a team that is dedicated to protecting your rights and will fight for your freedom.
We are on your side — call (800) 755-5174 or contact us online for a free, confidential consultation.
Further questions about California sex-crime cases
Can someone ask to end sex-offender registration?
The adult tier system generally has ten-year, twenty-year and lifetime categories, with different juvenile-court rules. A person who meets an applicable minimum and other conditions may be eligible to petition for termination; time alone does not end the duty. The particular offense, other convictions, risk rules and court record matter. Keep following current registration instructions until an effective order changes them.
What registration rules apply after a conviction?
Initial registration, changes of residence or other information, periodic updates and other circumstances can have different instructions. A tier label alone does not state every duty, and probation or parole terms may add separate conditions. Keep proof of compliance, check a move or travel plan against the current instructions and obtain advice before assuming a dismissal or minimum-period expiration ends registration.
How soon should I contact counsel after an accusation?
Prompt advice is useful before a substantive investigator interview and after receiving a citation, summons, search request or protective order. If no arrest has occurred, keep the investigator's agency and case number; an investigation is not the same as a filed charge, and counsel can help verify its status. Read the dates on the actual papers. Preserve unedited messages and other lawfully held records; outside video or platform material can become unavailable. There is no fixed “first 48 hours” rule that determines the outcome of every case.
Can charges be reduced or dismissed?
Sometimes, after examination of the actual count, evidence, motions and lawful negotiation. A missing public report, disputed accusation or prior firm result cannot promise dismissal. A proposed reduction should be assessed for custody, registration and immigration consequences as well as its title. The court process and decision depend on the specific case.
Does every sex-crime conviction require registration or public Megan's Law display?
No. Penal Code § 290 specifies offenses and other conditions; adult and juvenile rules differ. Registration duty, tier length and public website display are separate questions. A misdemeanor label alone does not resolve them. Before any plea, compare the exact subdivision, date and proposed conviction with the statute and the applicable DOJ tier guidance.
Can a sex-related offense be filed as a misdemeanor?
Some provisions are misdemeanors, some felonies and some have distinct branches. Sexual battery under § 243.4 and unlawful sexual intercourse under § 261.5 illustrate why a broad charge label is insufficient. Check the filed subdivision, facts and prior-conviction rules. The charging level does not by itself answer registration or licensing questions.
What if the other person was over 18 and said they consented?
Consent can matter in an adult-contact case, but the law asks whether the person could consent and whether consent applied to the alleged act at the relevant time. A prior relationship or isolated message is not conclusive. Preserve the full sequence and ask counsel to compare capacity, force or fear allegations, and the precise charged elements.
Can a case proceed without physical evidence?
Yes. Testimony, communications and circumstantial evidence may be considered, and the state still must prove the charged elements. No DNA or medical result automatically defeats a count; the presence of one does not establish every element either. Ask what proof exists, what it actually shows and which independent records might test it.
Can police search my phone?
A warrant, valid consent or another lawful basis may be relevant, and scope matters. If a device or account has been searched, retain the warrant, property receipt and account notice for counsel. Do not delete or reset material. A possible search issue requires record review and, if supported, a court ruling; suppression is not automatic.
What if I believe an accusation of rape or sexual assault is false?
Take the claim seriously and preserve the complete timeline, messages, witness information and any lawful physical or digital record. Even before filing, an allegation can affect work, family and reputation; those effects do not prove guilt or predict a filing. Counsel can compare earlier and later statements and investigate possible mistake or fabrication. Avoid pressuring the accuser or witnesses and obey any contact order. Neither a denial nor an inconsistency alone guarantees that charges will be declined.
What happens after a charge is filed?
At arraignment, the court ordinarily advises the defendant of the charge and rights and asks for a plea. Discovery, motions, negotiations and, in a felony case, a preliminary hearing may follow. The path differs by charge and court. Use the latest court notice for appearances and comply with any release or protective order while counsel reviews the file.
Could a conviction affect work or a professional license?
It can, but the answer depends on the precise conviction, job and governing licensing rule. California's Fair Chance Act limits some employer uses of criminal history and has exceptions. Licensing boards apply their own statutes. A dismissal or acquittal may be important, but neither guarantees a particular employer or board decision. Check the relevant rule before a plea or job-related disclosure.












































