A sex crimes lawyer in sex crimes lawyer in La Jolla, CA is a person you're probably not excited to call, but if you're facing accusations, you need one immediately. Whatever your situation is, this isn't the time to sit around and wait. The sooner you reach out to an expert, the better your chances are of a positive outcome. You need to get help now.
We're ready for you 24/7. Call (800) 755-5174 or use our online contact form to set up a no-strings-attached review of your charges.
President David S. Chesley, La Jolla, CA, criminal defense since June 2005, SBN 236611.
The Realities of a La Jolla, CA, Sex Crime Charge
You need an expert La Jolla, CA, sex crimes lawyer to help you fight your case and avoid:
- State prison or jail
- Mandatory or discretionary sex offender registration under Penal Code § 290
- 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.
Arrested for a Sex Crime in La Jolla, CA? Take These Steps Now
- Don't talk to the person accusing you — for any reason whatsoever. That can be charged as witness intimidation or violating a protective order.
- Don't speak without an attorney present. Only provide answers after consulting with your La Jolla, CA, sex crimes lawyer
- Decline any search requests without a warrant and if you haven't had a chance to check with your La Jolla, CA sex charges attorney.
- Protect evidence that you have access to. Deletion can be a crime in and of itself, and make you look guilty.
- Talk about your case with your sex crimes lawyer in La Jolla, CA: dates, locations, witnesses, alcohol, prior relationship, and who else had a motive.
- Obey all conditions of release — failing to do so can send you to jail.
- Get help handling the pressure — a counselor or one trusted person who will not post about it.
Early counsel can sometimes intervene before filing, especially in online sting, statutory, and "he said / she said" investigations.
Sex Crime Charges We Defend in La Jolla, CA
Rape and Sexual Assault
It's hard to think of a crime that is publicly regarded as worse than rape in La Jolla, CA. A conviction means up to 8 years in prison, as well as sex offender 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
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
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 La Jolla, CA, child sex crimes lawyer before taking a plea or establishing a defense.
Online 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.
Prostitution
Prostitution has a long history in the United States, but is currently illegal in California. The state defines prostitution as exchanging a sexual act for something of value, which is often (but not always) money. The same law covers both acting as a prostitute and soliciting a prostitute, and the penalties include up to six months in jail and/or a $1,000 fine. Additionally, sentence enhancements can add mandatory minimums of jail time and/or the suspension of your driver's license.
Related Charges
In La Jolla, 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.
Deepfake sexual content can result in both criminal and civil liabilities.
Indecent Exposure
Indecent exposure under Penal Code section 314 requires willful exposure and a lewd purpose, not merely accidental nudity. Prosecutors must prove an intent to direct public attention to the genitals for sexual arousal or gratification, or to sexually offend another person, in the presence of someone who might be offended or annoyed. A first ordinary offense is generally a misdemeanor; specified prior convictions or exposure after entering an inhabited dwelling without consent can create felony exposure. A conviction can also require sex offender registration under section 290; registration duration and eligibility for relief depend on the applicable tier and individual record.
To minimize your chance of long-term consequences, call your La Jolla, CA, sex crimes lawyer right away.
The Law Offices of David S. Chesley Defends Each of the Following
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
Will Help You Fight the Charges
Pre-filing and investigation. Your defense doesn't begin when charges are filed — you should call a sex crimes lawyer in La Jolla, CA, if you even think you are under investigation. We can help you set up your future case for a positive outcome, or avoid court entirely.
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. The right motions can set your case up for success. In addition to motions we commonly file (like suppression and dismissal), in sex crime cases we often file a motion to suppress identification. Unfortunately, misidentification can occur more often than it should in criminal cases, and sex crimes are no exception.
Negotiation. Many criminal charges in La Jolla, 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. 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 La Jolla, CA Sex Crimes Lawyer
- Knowledge of how to handle the exact charges against you
- Relationships in La Jolla, CA, courts
- Honesty and transparency when discussing your case
- 24/7 availability
- A record of results in La Jolla, CA, courts — not just a list of charges
Legal Punishments for Sex Crime Convictions in La Jolla, CA
| 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. . A rape conviction can also carry a separate PC § 264 restitution fine directed to victim assistance programs.
Sex Offender Registry Tiers in California
California uses a three-tier system (SB 384, in effect since 2021):
- 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: incest, some rape cases, and penetration with a foreign object.
- 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.
After the minimum period, Tier 1 and Tier 2 registrants may petition for termination under PC § 290.5 if they meet the statutory criteria. Tier 3 is different — relief, if any, is narrower. Failure to register is its own crime. Your La Jolla, CA, sex crimes lawyer should treat registry exposure as a charging and plea issue from day one, not an afterthought at sentencing.
Defenses Our La Jolla, CA, Sex Crimes Lawyers Use
- Consent applies in several sex crime charges, since many are only illegal if a party did not consent
- Honest misunderstandings regarding the age of the alleged victim. If they lied about their age, that may be enough to prove a lack of intent
- False or motivated accusation (custody, immigration, breakup, school discipline)
- Identity / alibi
- Insufficient proof of a required element — when the prosecution fails to prove your guilt beyond a reasonable doubt, your attorney can use that to sway the jury
- Unlawful search of phones and cloud accounts
- Unreliable child forensic interviews
- Entrapment in cases like prostitution
- Statute of limitations or charging defects
Your La Jolla, 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.
Past Sex Offense Case Results
- Soliciting a Prostitute (PC § 647(b)) and Loitering with Intent to Commit Prostitution (PC § 653.22) — All Charges Dismissed. The client was accused of offering money for sex to an undercover officer in a "fake prostitute" sting — a common tactic that can raise entrapment issues. We enrolled the client in an educational diversion program, and upon proof of successful completion, the court dismissed all charges.
- Statutory Rape (PC § 261.5) — Avoided Jail and Sex Offender Registration; Charges to be Dismissed. Our client was accused of statutory rape, a wobbler offense that could have resulted in incarceration, followed by a lifetime on the sex offender registry. Through skillful negotiation, we secured a deal that avoided prison, avoided the sex offender registry, and presented the possibility of all changes of being dismissed, after a probation period..
- Rape (PC § 261) — Felony Accusation, All Charges Dismissed at Preliminary Hearing. When our client was wrongly accused of participating in an assault, we presented a defense showing their lack of participation. This also protected our client's reputation, as no records of the case are 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. Through a defense built around consent, our lawyers secured a deal that released our client, crediting them for time served, 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) — Charges Dismissed at the Preliminary Hearing. A conviction of these charges would have sent our client to prison for life, along with permanent sex offender registration. We examined the prosecution's evidence and were able to demonstrate to the court that the accusation was false, securing a dismissal. As an added bonus, our client's privacy is protected as any remaining records are not available to the public.
Past results do not guarantee or predict a similar outcome in any future case. If you have questions about realistic outcomes for your case, talk to one of our La Jolla, CA, sex crime lawyers today.
Common Questions for Sex Accusations in La Jolla, 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. For related information, see immigration attorney.
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.
If I'm on the California sex offender registry, do I have to tell my 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.
Do You Need a Sex Crimes Lawyer in La Jolla, CA? Call David Chesley
These charges can change your life. If you don't have the right attorney at your side, you could face consequences that last for decades. The Law Offices of David S. Chesley will help you evaluate your options and make the best choice to move forward.
The Law Offices of David S. Chesley is ready to take your case. If you need a sex crimes lawyer in La Jolla, CA, get in touch now at (800) 755-5174 or reach out online to start building your defense.
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.
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.
