You never thought it would come to this. The accusation may be a misunderstanding, exaggerated, or false. In Costa Mesa, 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.
The Law Offices of David S. Chesley defends people accused of sex crimes in Costa Mesa, CA — with offices across Southern California (Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura counties) as well as Central and Northern California (Kern, Santa Barbara, Santa Clara, Fresno, Tulare, San Luis Obispo, Sacramento, Sonoma, Alameda, San Joaquin, and San Francisco counties, and beyond). Our goal is to find the best outcome for you, whatever that looks like for your situation.
Don't give up before speaking to one of our attorneys. Call (800) 755-5174 or reach out online to set up a no-strings-attached review of your charges.
President David S. Chesley, Costa Mesa, CA, criminal defense since June 2005, SBN 236611.
Why You Need to Treat Sex Crime Charges Seriously in Costa Mesa, CA
A sex crime charge is not a typical misdemeanor or even a typical felony. A conviction can mean:
- A potentially lengthy prison sentence
- Registration as a sex offender
- A social stigma that will follow you after release
- Family, job, and immigration challenges
- Electronic monitoring
Trying to "clear it up" with police, the accuser, or a school or Title IX office almost always makes the file worse. Get help from someone who will protect your rights.
How to Handle Costa Mesa, CA, Sex Crime Accusations
- Don't reach out to the alleged victim — No matter what your intentions are, it's a bad idea. This can hurt your case in the long run.
- Keep quiet during interrogations. Only provide answers after consulting with your Costa Mesa, CA, sex crimes lawyer
- Don't give permission to search your property without a warrant and if you don't have a defense attorney present.
- Save any evidence. Trying to delete or hide evidence can end up making you look more guilty.
- Write a private timeline for your lawyer only: The more your attorney knows, the better defense they can build.
- Follow every release condition exactly (stay-away orders, no-contact, travel, devices).
- Get counselling/mental health support — handling criminal charges is stressful, and it's normal to need some professional help.
Together with your Costa Mesa, CA, sex charge defense attorney, you can set your case up for a positive outcome.
Sex Crime Charges We Defend in Costa Mesa, CA
Rape and Sexual Assault
Rape is charged under Penal Code § 261. In Costa Mesa, CA, it is a felony with a triad of 3, 6, or 8 years in state prison in a typical case, plus fines and usually Tier 3 lifetime registration. "Sexual assault" is not one statute — it often means rape, sexual battery (PC § 243.4), nonconsensual oral copulation (PC § 287), sodomy (PC § 286), or penetration with a foreign object (PC § 289).
California used to have a separate law regarding spousal rape, but this was repealed in 2021.
Child Sex Crimes
Child sex crimes are some of the most harshly viewed accusations in Costa Mesa, CA, making it essential to work with an experienced sex crimes lawyer to fight them. 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
In California court, statutory rape is often referred to as "unlawful sexual intercourse with a minor." These allegations state that a person had sex with someone under the age of 18. This technically makes it illegal for two minors to have sex with each other, but most of the time, these allegations are used in cases where an adult supposedly had sex with a minor. Common defenses include demonstrating an honest belief that the adult believed the minor was over the age of 18 or that sexual intercourse did not occur (though the latter defense can still result in other child sex crime charges). Talk with your Costa Mesa, CA, child sex crimes lawyer before taking a plea or establishing a defense.
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.
Internet and Digital Sex Crimes
These include child sexual abuse material (PC §§ 311–311.11), sending harmful matter to a minor (PC § 288.2), sexting involving a minor, and sting cases built on chats with an officer posing as a minor. Adult "revenge porn" is a separate offense under PC § 647(j)(4) and related statutes. Digital forensics — who had the device, hash values, unallocated space, account takeover, and intent — often decide the case.
AI-Generated Sexual Content Involving Children
Child pornography, also known as child sexual abuse material, is illegal at both the California state and federal levels — even if it was generated with AI. This applies regardless of whether the child was real or not — creating and distributing these types of images is a crime. If you're accused of this, you need a knowledgeable sex crimes lawyer who can defend you in both state and federal court.
Human Trafficking
Sex trafficking is charged under Penal Code § 236.1(b) and (c) and carries some of the most severe penalties available in Costa Mesa, 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 Costa Mesa, 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.
Lewd Conduct in Public
Lewd conduct in public under Penal Code section 647(a) requires more than conduct someone considers inappropriate. For the completed offense, prosecutors must prove intentional touching of specified intimate areas for sexual arousal or gratification, or to annoy or offend, in a public place or a place open to public view. Another person who might be offended must be present, and the accused must know or reasonably should know that person is present. Intent, the location, and what witnesses could observe therefore matter to the defense.
It may be easy to confuse lewd conduct in public with indecent exposure, but these are separate offenses in Costa Mesa, CA.
Sex Crime Charges Our Lawyers Defend
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
How Your Costa Mesa, CA, Sex Crimes Lawyer Can Help
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. We don't just let the district attorney build a case against you — we reexamine any evidence and look for inconsistencies or other weaknesses. We can also reach out to expert witnesses and forensic labs to review everything and look for alternatives to the state's narrative.
Motions. Suppression under Penal Code § 1538.5, challenges to statements (Miranda / voluntariness), evidentiary fights under Evidence Code §§ 782, 1108, and 1101 (prior sexual conduct of the complaining witness, propensity evidence in sex offense cases, and character evidence generally), and motions to dismiss weak or overcharged counts.
Negotiation. Many criminal charges in Costa Mesa, 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. If the case should be tried, we try it. If there is a conviction, we litigate strikes, enhancements, and PC 290 placement.
Your Costa Mesa, CA, Sex Crime Lawyer Needs to Have These Qualities
- Experience with your case type
- Ideas for how to approach defense in your case
- Easy to contact and get updates on your case
- Confidence and honesty when planning your defense
Penalties (General Statutory Ranges)
| 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. . However, a jail sentence is often over long before the other main consequences of a sex crime conviction: Being placed on the sex offender registry.
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 — typically for a 10-year term, or 5 years for most juvenile cases. Examples: most misdemeanor sex offenses fall into this tier, and some non-violent felony offenses.
- Tier 2 — 20 years for adults, but 10 years for some juveniles. Examples: lewd acts with a minor under 14 and some sodomy cases.
- Tier 3 — lifetime for the most serious offenses (e.g., sex trafficking of a child, sodomy by force, forcible rape) 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.
Defense Strategies Against Costa Mesa, CA, Sex Crimes Charges
- Consent is applicable in many cases where both parties were over the age of 18
- 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 — ultimately, it's on the prosecution to prove you are guilty beyond a reasonable doubt. If they fail to do so, we will highlight that
- Unlawful search of phones and cloud accounts
- Unreliable child forensic interviews
- Entrapment, when law enforcement goes too far in convincing the alleged offender
- Charges were filed outside of the statute of limitations
Your Costa Mesa, 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.
Prior Sex Offense Case Results
- Soliciting a Prostitute (PC § 647(b)) and Loitering with Intent to Commit Prostitution (PC § 653.22) — All Charges Dismissed. We protected our client's record after being accused of solicitation. Through skillful negotiation, we were able to have all charges dismissed after the completion of an educational program.
- Statutory Rape (PC § 261.5) — Client Avoided Jail and Sex Offender Registration; Dismissal Available After Probation. The client faced years in state prison and lifetime sex offender registration. We negotiated a reduced-charge resolution that carried no custody time and no registration requirement, with dismissal available after successful completion of probation.
- Rape (PC § 261) — Felony Accusation, All Charges Dismissed Before Trial. Our client was potentially up against 25 years in prison and a lifetime on the sex offender registry. They were present at an event where a woman was assaulted, but they took no part in it. The state charged them with rape, but we were able to argue in the preliminary hearing that the charges were not applicable due to our client's lack of participation. All charges were dismissed.
- 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. Using a consent-based defense, 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) — All Charges Dismissed, No Sex Offender Registration. The client faced three potential life terms with no bail. 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.
The above cases are selected as a representation of the Law Offices of David S. Chesley's results — they do not guarantee a specific outcome in a given 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.
Common Questions for Sex Allegations in Costa Mesa, CA
Do I need a lawyer if I am 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. For related information, see immigration attorney.
Is sexting legal 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.
Will I be put on the sex offender registry if I'm convicted of statutory rape?
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.
What restrictions do sex offenders face in Califronia?
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.
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.
Our phone lines are open 24/7. If you need a sex crimes lawyer in Costa Mesa, CA, call now at (800) 755-5174 or reach out online. We're here to help.
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.
Must a registrant tell neighbors about registration?
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.
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.
