You never thought it would come to this. The accusation may be a misunderstanding, exaggerated, or false. In Fontana, 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 Fontana, 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). When you call us, you're getting a team that's ready to help, whatever you need.
We will listen to your side of the story. Call (800) 755-5174 or reach out online to talk to a sex crimes lawyer in Fontana, CA.
Attorney David S. Chesley, Fontana, CA, criminal defense since June 2005, SBN 236611.
The Realities of a Fontana, CA, Sex Crime Charge
You need an expert Fontana, CA, sex crimes lawyer to help you fight your case and avoid:
- Incarceration
- Years (or even a lifetime) on the sex offender registry
- Frequently, notifications to the public regarding your conviction
- Family, job, and immigration challenges
- A federal firearms ban and, in some cases, passport restrictions
Don't try to face these consequences alone. The right Fontana, CA, sex crimes lawyer can help you minimize or even avoid them.
What to Do if You Have Been Accused of a Sex Crime in Fontana, CA
- Don't talk to the person accusing you — even to apologize or "explain." Doing so often just looks like intimidating the alleged victim.
- Keep quiet during interrogations. Be respectful, but don't answer any questions. Instead, request to speak with your attorney.
- Do not consent to a phone or home search without a warrant and if you haven't had a chance to check with your Fontana, CA sex charges attorney.
- Preserve everything. Don't delete anything, as this can be twisted as hiding evidence.
- Write a private timeline for your lawyer only: The more your attorney knows, the better defense they can build.
- Obey all conditions of release (stay-away orders, no-contact, travel, devices).
- Get help handling the pressure — handling criminal charges is stressful, and it's normal to need some professional help.
Together with your Fontana, CA, sex charge defense attorney, you can set your case up for a positive outcome.
Charges a Fontana, CA, Sex Crimes Lawyer Can Help You Fight
Rape and Sexual Assault
Rape is arguably the most serious sex crime charge you can face in Fontana, CA. A conviction can send you to prison for years, and permanently put you on the sex offender registry.
Sexual assault (or sexual abuse) charges are often used as a catch-all that can include rape and other sexual crimes, most notably sexual battery. Sexual battery is defined in its own statute as the touching of another person's intimate parts without their consent, while the alleged victim was restrained. This touching must have been done for sexual purposes.
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.
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. Even in cases where there wasn't a physical, sexual act involving a child, you can face charges for enticing a minor for lewd purposes.
Statutory Rape
Not every statutory rape charge is the same, but all of them are serious. If the alleged victim was within 3 years of the alleged offender's age, it is a misdemeanor. Anything beyond that, and the prosecution has discretion to charge the crime as a felony. Additionally, there can be enhanced penalties if the alleged offender is over the age of 21 and the alleged victim is under the age of 16.
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.
Prostitution and Related Offenses
Prostitution is illegal in much of the United States ostensibly for moral reasons. In California, prostitution-related crimes include the act of prostitution itself, soliciting a prostitute, and pimping/pandering (AKA helping someone else break a prostitution law for a profit). What this ultimately means is that involvement with prostitution can lead to criminal charges from any angle, even if it was a sting operation. Don't take these charges lightly — your Fontana, CA, sex crimes lawyer can help you find a positive outcome.
Related Charges
In Fontana, CA, we also defend indecent exposure (PC § 314), lewd conduct in public (PC § 647(a)), failure to register (PC § 290.018), human trafficking (PC § 236.1), incest (PC § 285), aggravated sexual assault of a child (PC § 269), and assault with intent to commit a sex offense (PC § 220). Those pages are linked from the list below.
Deepfake Sexual Content
California Penal Code section 647(j)(4)(A)(ii) can apply when an adult intentionally creates and distributes, or causes distribution of, a realistic intimate depiction of an identifiable person. The image must appear authentic to a reasonable person; the distributor must know or reasonably should know that distribution will cause serious emotional distress, and the depicted person must suffer that distress. Statutory exceptions also apply. A violation generally carries up to six months in jail and a $1,000 fine; under section 647(k), a repeat subdivision (j) offense or a minor victim can increase the maximum to one year and $2,000.
Charges We Handle
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 a Sex Crimes Lawyer in Fontana, CA
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. Anything that the police and prosecution find, they have to turn over to us in discovery. Our team will then comb through the evidence, looking for holes in the prosecution's case and opportunities to create reasonable doubt.
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. Since prosecutors have large caseloads, they often prefer to settle through a plea deal rather than go to trial. The right sex charges defense attorney can leverage this to their advantage and find a good deal that protects your record.
Trial and sentencing. Some lawyers won't want to take cases to trial. At the Law Offices of David S. Chesley, we're prepared to present your defense in front of a judge and jury.
What to Look for in Your Fontana, CA Sex Crimes Lawyer
- Direct experience with your statute (PC 261 is not the same case as PC 288.4)
- Willingness to do pre-charge work, not only arraignment-to-plea
- Honesty and transparency when discussing your case
- Easy to contact and get updates on your case
- A record of results in Fontana, CA, courts — not just a list of charges
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 |
While these numbers represent typical, general ranges, they can be altered by enhancing factors. Every case is individual. If convicted of rape, you may also be required to pay a fine.
California's Three-Tier Sex Offender Registry System
If convicted, many sex crimes require you to register at one of the three below tiers:
- Tier 1 — normally a 10-year period on the registry. 5 years in some juvenile cases. 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: many serious/violent registerable felonies that are not automatic lifetime.
- Tier 3 — lifetime for the most serious offenses (e.g., forcible rape, kidnapping in conjunction with a sex crime, aggravated sexual assault of a child) and certain repeat or high-risk designations.
Rather than automatically being removed after a time period, it's on the individual to request removal after their time is up. Your sex crimes attorney can help you petition for removal from the sex offender registery.
Defenses Our Fontana, 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
- False or motivated accusation False accusations — sometimes, it can be just as important to show why the person is making the accusation as it is to show your innocence. If an ulterior motive is revealed, this can be a powerful part of a defense startegy
- Alibi — when you can show that you were not present when the alleged offense was committed, you can convince many people of your innocence
- Lack of evidence — 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
- Evidence obtained in a way that violated your rights
- Weak evidence that can be dismantled through examination
- Entrapment, when law enforcement goes too far in convincing the alleged offender
- Statute of limitations or charging defects
When you have the right defense strategy and the right defense attorney on your side, you're maximizing your chances of a positive outcome.
Recent Sex Offense Case Results
- Soliciting a Prostitute (PC § 647(b)) and Loitering with Intent to Commit Prostitution (PC § 653.22) — All Charges Dismissed. Our client was accused of soliciting a prostitute who was actually a police officer. We negotiated a diversionary program and the dismissal of all charges.
- Statutory Rape (PC § 261.5) — Client Avoided Jail and Sex Offender Registration; Dismissal Available After Probation. When our client was accused of statutory rape, we leveraged our defense to negotiate a probation sentence which, if completed, will allow for the dismissal of all charges, no prison time, and keep our client off of the California sex offender registry.
- Rape (PC § 261) — Felony Accusation, All Charges Dismissed at Preliminary Hearing. 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. The case records not viewable by the public.
- 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. By evaluating the evidence and presenting a narrative of consent, we protected our client from an extended jail sentence and secured a favorable outcome, and our resolution also kept our client off of the California sex offender registry.
- 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. As an added bonus, our client's privacy is protected as any remaining records are not available to the public.
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. Every case in Fontana, CA, is evaluated on its own facts, and results depend on the specific evidence and circumstances involved.
Frequently Asked Questions for Sex Crime Charges in Fontana, CA
Can a sex crimes lawyer still help if the accusations aren't true?
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.
Does California's sex offender registry include 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.
When should I contact an attorney?
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.
The Law Offices of David S. Chesley: Sex Crimes Lawyers in Fontana, CA
Sex crime charges aren't like other charges – the prison sentence is only the beginning. But with the right defense, and the right attorney, you can create a solid defense and explore options that preserve your future.
Protect your freedom today — call us at (800) 755-5174 or send us a note online to talk with your Fontana, CA, sex crimes lawyer.
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.
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.
Is sexting illegal 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.
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.
