A sex crimes lawyer in sex crimes lawyer in San Bernardino, 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.
For San Bernardino, 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. We investigate, challenge the evidence, negotiate when that protects you, and try the case when it does not.
We're ready for you 24/7. Call (800) 755-5174 or reach out online to talk to a sex crimes lawyer in San Bernardino, CA.
President David S. Chesley, San Bernardino, CA, criminal defense since June 2005, SBN 236611.
Why You Need to Treat Sex Crime Charges Seriously in San Bernardino, CA
San Bernardino, CA treats sex crime accusations very seriously. Without an experienced sex crimes attorney, you could be facing:
- Months or even years behind bars
- 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
Don't try to face these consequences alone. The right San Bernardino, CA, sex crimes lawyer can help you minimize or even avoid them.
You've Been Charged With a Sex Crime in San Bernardino, CA: These Are Your Next Steps
- Avoid contact with the alleged victim — Any contact, for whatever reason, is not a good idea. You could face additional charges for witness intimidation.
- Keep quiet during interrogations. Say only: "I want to speak with my attorney."
- Decline any search requests if investigators don't have a warrant and if you don't have a defense attorney present.
- Preserve everything. Don't delete texts, photos, apps, location history, or social media — deletion is often argued as consciousness of guilt.
- Write a private timeline for your lawyer only: Without a full picture, they won't be able to build a complete defense.
- If given bail conditions, take every effort to adhere to them — you can face serious penalties for breaking these.
- Get support outside the case — counseling can help give you clarity on how to move forward.
Above all of the above, the main thing you need to do is get help from an expert San Bernardino, CA, sex crimes defense lawyer right away. .
The Law Offices of David S. Chesley Defends All of the Below Sex Crime Charges in San Bernardino, CA
Rape and Sexual Assault
Rape and sexual assault are probably the worst types of sex crimes to be charged with in San Bernardino, CA. Rape, in particular, is treated extremely harshly for allegedly using force to coerce someone into sexual intercourse. Rape is one form of sexual assault. Sexual assault is not defined on its own in California law, but instead is a term used to describe a category of violent offenses of a sexual nature.
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 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. California has no general "Romeo and Juliet" defense. Age, force, and the specific code section drive both prison exposure and the registration tier.
Statutory Rape
Whether or not a minor agreed to have sex with an adult, the adult can be convicted of statutory rape (AKA unlawful sexual intercourse with a minor). This charge can be either a misdemeanor or a felony, depending on the circumstances and prosecutorial discretion. But a prison sentence isn't the only concern: You can also be forced to register as a sex offender, particularly if the alleged offense occurred after December 31st, 2025.
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.
Deepfake Sexual Content
Deepfake sexual content can result in both criminal and civil liabilities. On the criminal side, 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.
Sex Trafficking
Sex trafficking is a subcategory of human trafficking under California law. Human trafficking is defined as depriving someone of their freedom and forcing them into labor — sex trafficking is the informal name for when that labor involves a sexual nature (such as pimping or creating child pornography). In particular, sex trafficking involving children is treated harshly and can result in life imprisonment in some circumstances. Some people may think that trafficking charges only happen (or apply) to immigrants, but the alleged victim can be of any nationality.
Related Charges
In San Bernardino, 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.
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
How Your San Bernardino, CA, Sex Crimes Lawyer Can Help
Pre-filing and investigation. If you are being investigated but not yet charged in San Bernardino, CA court, we try to control contact with police, preserve favorable evidence, and, when appropriate, present a package that argues against filing.
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. Motions can do many things for your case. One of the first motions we often file is a motion for bail reduction. This can help you secure pretrial release. After that, we'll frequently follow with a motion to suppress evidence and/or a motion to dismiss charges.
Negotiation. The registration tier often matters more than a few months of custody. Reducing a Tier 3 offense to a non-registerable or Tier 1/2 charge can be the entire case.
Trial and sentencing. Not every case can be handled through negotiations. When talks break down, we use our defensive strategy to persuade the jury. And if the outcome is guilty on any charge, we'll advocate for you in sentencing.
Looking for a Sex Crimes Lawyer in San Bernardino, CA? Don't Overlook These Factors
- Knowledge of how to handle the exact charges against you
- Relationships in San Bernardino, CA, courts
- A defense strategy that you can understand
- Easy to contact and get updates on your case
- A record of results in San Bernardino, CA, courts — not just a list of charges
Legal Punishments for Sex Crime Convictions in San Bernardino, 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 |
While these numbers represent typical, general ranges, they can be altered by enhancing factors. . If convicted of rape, you may also be required to pay a fine.
California's Three-Tier Sex Offender Registry System
California uses a three-tier system (SB 384, in effect since 2021):
- Tier 1 — normally 10 years, but some minors will only be put on the registry for 5 years. Examples: indecent exposure (misdemeanor) and sexual battery (misdemeanor).
- 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., most rape offenses, aiding a rape attempt, pimping a minor) 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 San Bernardino, CA, sex crimes lawyer should treat registry exposure as a charging and plea issue from day one, not an afterthought at sentencing.
Defense Strategies Against San Bernardino, CA, Sex Crimes Charges
- Consent can be a powerful defense and/or mitigating factor — so long as the alleged victim had the capacity to give it
- In some cases, mistakes about the age of the other person can be used as a defense. This is most applicable in statutory or other minor-related cases, and isn't applicable in some others (e.g. forcible sex crimes)
- 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
- Failure of the prosecution to prove the charges against you — 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
- Violation of your rights
- Entrapment or lack of intent in sting cases
- Statute of limitations or charging defects
Your San Bernardino, 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. 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) — 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) — Facing 25 Years to Life, All Charges Dismissed Before Trial. When our client was wrongly accused of participating in an assault, we presented a defense showing their lack of participation. The case records not viewable by the public.
- Kidnapping (PC § 207) and Unlawful Sexual Intercourse with a Minor (PC § 261.5) — Our Defense Protected Our Client From 6 Years in Prison and Sex Offender Registration. Using a consent-based defense, we negotiated a resolution giving the client credit 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) — Defense Secured Dismissal of Charges, Avoiding Prison 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.
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 San Bernardino, CA, sex crime lawyers today.
Frequently Asked Questions for Sex Crimes in San Bernardino, 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.
Is there a way off the sex offender registry in California?
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.
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.
The Law Offices of David S. Chesley Is Ready to Defend Your Sex Crimes Case
Sex crimes are treated harshly in California, and you need a defense team with the experience and legal expertise to guide you through the process. The Law Offices of David S. Chesley can provide that.
Our phone lines are open 24/7. If you need a sex crimes lawyer in San Bernardino, CA, call now at (800) 755-5174 or reach out online. We're here to help.
Further questions about California sex-crime cases
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.
