DUI ATTORNEY RIALTO, CA 909.913.3138 Free Consultations

Rialto DUI Defense Attorney

Rialto DUI Attorney Christopher Dorado is an experience and aggressive criminal defense attorney. One hundred of attorney Dorado's practice is dedicated to criminal defense and initial consultations are free. Attorney Dorado has represented hundreds of clients in all types of California DUI charges: misdemeanor & felony DUIs, multiple convictions of DUI, violations of DUI probation, accident DUIs, Infractions DUIs, and expungements of DUI priors.

If you are charged with a DUI in Rialto, you absolutely should retain an experienced DUI attorney who aggressively pursue your rights through trial if necessary. Attorney Dorado will explain to you your rights, the law, and the science behind DMV hearings and DUI criminal cases.

The consequences of a DUI conviction can be devastating to you and your family. The consequences include, but are not limited to, fines, jail, family law matters, CPS involvement (usually where children are in the vehicle at the time of DUI), immigration consequences (for non-U.S. citizens), mandatory DUI classes, insurance rate hikes, professional licensing or occupational licensing consequences. and more.

It may be possible to have the DUI charges completely dismissed or reduced to less severe charges. In most cases, attorney Dorado can represent you in your DUI case without the need for you to attend court.

WARNING: You only have 10 days from the date of arrest for DUI in which to request a hearing from the DMV to save your driving privileges.

If you are charged with a DUI in the county of San Bernardino, including the cities of Rialto, Colton, Fontana, Redlands, Yucaipa, Ontario, Victorville, Rancho Cucamonga, and more, contact DUI defense attorney Christopher Dorado today for a free case evaluation.

909.913.3138 CALL TODAY! or visit us at ChristopherDoradoLaw.com or Criminal Defense Attorney

FONTANA DUI ATTORNEY 909.913.3138 Free Consultations

DUI DEFENSE ATTORNEY: FONTANA CALIFORNIA

If you have been charged with Driving Under the Influence of Alcohol or Drugs (DUI), Contact DUI Defense Attorney Christopher Dorado today. Attorney Dorado has represented hundreds of clients charged with felony and misdemeanor DUI charges. Attorney Dorado also represents defendants charged with multiple DUI convictions and DUI violations of probation. In addition, attorney Dorado can help you expunge your prior DUI convictions.

No two DUI cases are the same. Some DUIs are first time, no accident DUIs, while others might be felony DUIs with injury, multiple DUI convictions, etc. There are many different BAC levels that are recorded with DUI arrest.

In fact, some DUI arrest come after no-one has seen the driver actually driving such as when the driver falls asleep or where there is an accident. In addition, every defendant worries about different consequences of a DUI conviction, such as immigration, professional licensing, driver's licensing, family law consequences, or even civil lawsuits. The needs and the differences between each DUI arrest and conviction are complex and many.

Attorney Dorado will take the time to discuss your DUI case, your rights, the science of DUI, and the possible outcomes of your DUI case. In many cases, a dismissal of the DUI charges might be possible, or a reduction of the DUI charges might be possible. In many cases, attorney Dorado can represent you without the need for you to ever appear in Court.

WARNING: You only have ten days from the date of arrest to exercise your right to a hearing at the DMV where the issue of your right to retain your driving privilege will be determined.

Attorney Dorado represents defendant's charged with DUI in the county of San Bernardino, including the cities of Fontana, Colton, Redlands, Yucaipa, Victorville, Rancho Cucamonga, Rialto, Mentone, Barstow, Upland, Chino, Ontario, Loma Linda, Running Springs, and more.

Call today for a free case evaluation. 909.913.3138

Mentone Criminal Defense Attorney 909.913.3138 Free Consultations

Mentone Criminal Defense Attorney

Criminal Defense Attorney Christopher Dorado represents defendants charged with misdemeanors and felonies in the city of Mentone, CA. 100% of attorney Dorado's practice is dedicated to criminal defense and initial consultations are free to the accused and his or her family.

If you are charged with a crime in Mentone, California, including Sex Crimes, DUIs, or any other felony or misdemeanor, contact criminal defense attorney Christopher Dorado today. 909.913.3138

For more information on Criminal Defense in San Bernardino County, including the city of Mentone, please visit any of the following websites: Sex Crimes Attorney San Bernardino County, DUI Attorney San Bernardino County, and Criminal Defense San Bernardino County. Thank you.

California Sodomy Laws Explained Penal Code 286 PC: Criminal Defense Attorney

California “Sodomy” Laws: Penal Code 286 PC

Unlawful sodomy is a crime in California, and can be filed as misdemeanors or felony offenses. The laws on unlawful sodomy can be found at California Penal Code 286PC. There are 48 chargeable sodomy offenses in California.

Sodomy is sexual conduct that consists of contact between one person’s penis and another person’s anus. Any sexual penetration, however slight, is sufficient to qualify as sodomy. All sodomy is not illegal, however. If two adults of sound mind consent to engage in sodomy no crime has been committed. Therefore, we look to Penal Code 286 PC to determine what elements must be met in order to constitute unlawful sodomy.

Under Penal Code 286 PC, the prosecution must prove there was penetration with a victim who was alive at the time of penetration. Even slight penetration can qualify. Penetration can be established by circumstantial evidence (for example, sperm in rectum plus additional signs of trauma or injury). Skin-on-skin contact is not required for unlawful sodomy. Therefore, if the victim is wearing underwear during anal penetration, this will still constitute penetration.

Sodomy is a general intent crime. This means that in order to be punishable by law, the defendant must have meant to commit the act that caused the harm- not necessarily the harm itself. The defendant does not need to intend that a precise harm or injury occur, just intend to commit sodomy.

The prosecution must also show that sodomy was accomplished by means or force, violence or fear, and/or performed on someone who is unable to give consent. What constitutes consent is discussed below under “Defenses”.

Punishment for the crime of Sodomy

The prosecutor will rely on several factors when determining whether to file a sodomy charge as a misdemeanor or a felony. A violation of Penal Code 286 filed as a misdemeanor is punishable by up to one year in jail. A judge may also impose an additional fine of up to $70 after evaluating the defendant’s ability to pay. A violation of Penal Code 286 filed as a felony is punishable by a year or more in prison. When determining how to file an unlawful sodomy charge, prosecutors will evaluate:

·         Age of the participants: One factor used to determine the punishment for a violation of Penal Code 286 is the age of the participants. This includes whether the victim is a minor, both participants are minors, and the age difference between participants. Severe punishments, like life imprisonment, may exist in those instances that the defendant is 18+ and the alleged victim is ten years old or younger.

·         Means used: Another factor used when determining the punishment for a violation of Penal Code 286 is the means used by the defendant when engaging the victim in unlawful sodomy. Means include force, violence, threat of injury to the victim or another, threat of retaliation, impersonation of the victim’s spouse, or threat by a public official to arrest or incarcerate the victim.

·         Condition of the victim: Furthermore, the prosecutor will also consider the state of the victim when sodomy was performed. This includes considering whether the victim was unconscious or asleep at the time of penetration, whether the sodomized victim was disabled and incapable of giving legal consent due to this disability, or whether victim was intoxicated.

·         Act was committed in concert with others: Lastly, the prosecutor will consider whether unlawful sodomy was committed by several individuals at the same time as the defendant, or whether certain individuals aided defendant in the commission of the sodomy.

If unlawful sodomy is performed during the commission of a murder, however, the defendant will be held liable under the felony-murder rule. This murder is also a special circumstance, which means defendant may face death or life imprisonment without the possibility of parole.

Closely Associated Crimes to Unlawful Sodomy (PC 286)

Closely associated crimes to California Sodomy (PC 286) include: lewd act on a child (PC 288(a)), sexual battery (PC 243.4), rape by force/fear of bodily injury (PC 261 (a)(2)), and sexual intercourse/sodomy with child 10 years or younger (PC 288.7(a)).

Defenses to Sodomy

Consent

Consent is a defense to sodomy under Penal Code 286. If the alleged victim consented to sodomy, and was not under the age of 18 at the time consent was given, the defendant will have a viable defense.

“Consent” means both individuals decided to partake in an act of sodomy of their own free will. A consenting person acts freely and voluntarily, and is also able to recognize the nature of the act in which he/she is about to engage. Consent cannot be gained by fraud; therefore, if the defendant lied to the victim in some way that made the victim want to consent, this consent will not be deemed valid.

Consent is not assumed merely because individuals have had previous sexual relations, or are currently dating or married. Additionally, minors are deemed incapable of giving consent, so this will not be a defense if the victim was underage at the time of alleged sodomy.

Reasonable, Good Faith Belief that the Minor was an Adult

If the defendant had a reasonable, good faith belief that the alleged victim was an adult at the time defendant gained consent to sodomy, this may serve as a defense. In order to be considered reasonable, the circumstances surrounding the encounter may be evaluated to determine whether an ordinary person could reasonably make a similar mistake of age.

To learn more about the crime of unlawful sodomy (PC 286), in California, including defenses to sodomy, contact a California sex crimes criminal defenseattorney today.

CriminalDefense attorney Christopher Dorado represents defendants charged with sodomy (PC 286) in the county of San Bernardino, including the cities of Redlands, Victorville, Fontana, Rancho Cucamonga, Rialto, Colton, Ontario, Yucaipa, and more. There is no charge for initial consultations and our office offers 24/7 emergency service. 909.913.3138

Christopher Dorado also represents defendant charged with Driving under the influence (California DUI)of alcohol or drugs (VC 23152(a)), and (VC 23153(a)).

Pornography Laws California Penal Code 311 PC Criminal Defense Attorney

California “Child Pornography” Laws: Penal Code 311

California law prohibiting child pornography can be found at Penal Code 311 PC. California Child Pornography laws prohibit individuals from possessing or distributing materials depicting a minor engaging in or simulating sexual conduct. There are 7 chargeable child pornography offenses in California. Charges for violations of child pornography laws (PC 311) can be filed as either misdemeanors or felonies.

Under PC 311, sexual conduct includes all sexual intercourse between people of the same or opposite sex or between humans and animals. This conduct consists of penetration of the vagina or rectum with any object, masturbation, sadomasochistic abuse, exhibitionism, defecation or urination.

Child pornography laws in California include, but are not limited to: possession of child pornography (PC 311.11), and developing/producing child pornography (PC311.3).

What must be proven to convict for Possession of Child Pornography (PC 311.11)?

To prove that a defendant is guilty of possession of child pornography (PC 311.11), the prosecutor must first show that the defendant possessed materials involving the sexual activity of a minor. Child pornography punishable under Penal Code 311 can take many forms, including film, photographs, photocopies, computer hardware/software, or CD-ROM, though this list is not exhaustive.

Next, the prosecutor must show that the defendant possessed this material knowing that it depicted persons under the age of 18 engaging in, or simulating sexual activity.

There is no requirement that the material be “obscene” as is required for developing and producing child pornography (PC 311.3) discussed below.

Punishment for Possession of Child Pornography

The punishment for possession of child pornography can vary, depending on if the charge is filed as a felony or a misdemeanor. Punishment can range from incarceration in state prison, registering as a sex offender, incarceration in county jail for up to one year, a fine not exceeding $2,500, or some combination of incarceration and fine.

What must be proven to convict for Developing and Producing Child Porn (PC 311.3)?

To prove that a defendant is guilty of sexual exploitation of a minor (PC 311.1(a)), the prosecutor must first show any one of the following:

1.      Defendant brought the obscene material into California

2.      Defendant possessed, prepared, published, produced or developed the obscene material

3.      Defendant offered to distribute obscene material to someone else, OR

4.      Defendant distributed, showed, or exchanged the obscene material with someone else

The prosecution must also prove that when defendant acted, he/she knew the character of the matter. Next, the prosecution must show when defendant acted, he/she knew that the matter showed a person under the age of 18 who was personally participating in or simulating sexual conduct.

Lastly, the prosecution must show when defendant acted, he/she intended to sell, distribute, show, or exchange the material with someone else for money or commercial benefit.

Material is considered “obscene” if it shows or describes sexual conduct in an obviously offensive way. Furthermore, a reasonable person would find this material lacking in any serious artistic, literary, or scientific value. In order to be obscene, material must also be considered by an average adult to appeal to a “prurient” interest, meaning it is arousing in a sexual way.

Punishment

A person who violates Penal Code 311.3 can be fined up to $2,000, or imprisoned in the county jail for up to a year. A defendant with a prior conviction of Sexual Exploitation of a Minor will likely serve time in state prison and may have to register as a sex offender.

Closely Associated Crimes to California Child Pornography  (PC 311)

Closely associated crimes to child pornography (PC 311) include: distribution of harmful matter to a minor (PC 313.1(a)), contracting to pay a minor for an unlawful sex act (PC 310.5), and attempting to contract with a minor to commit a lewd act (PC 288.2).

Defenses to Child Pornography (Penal Code 311)

Material Serves a Legitimate Purpose

If the defendant can show that the materials with which he/she was engaging were not for the purpose of child pornography under PC 311, and instead contained scientific or educational value, defendant can be found not guilty of distributing child pornography.

Entrapment

Entrapment is another defense to child pornography charges (PC 311). The defendant must establish that he/she was persuaded by a police officer to engage in child porn, otherwise he/she would never have engaged in the activity. Though some deception is permitted, an officer cannot use pure fraud to lure a person into committing a crime he/she was not otherwise willing to commit.

Mistake of Age

Under PC 311.11 possession of child pornography, the defendant must have known the individuals in the material are under the age of 18. If the material is marketed as adult porn, but the individuals engaging in sexual activity are actually minors, the defendant may have a defense that he/she did not knowingly possess child pornography. This would counter the intent requirement that a defendant “knowingly possess” child pornography.

To learn more about the crime of child pornography (PC 311) in California, including defenses to child pornography, contact a California sex crimes criminal defenseattorney today.

CriminalDefense attorney Christopher Dorado represents defendants charged with child pornography (PC 311) in the county of San Bernardino, including the cities of Redlands, Victorville, Fontana, Rancho Cucamonga, Rialto, Colton, Ontario, Yucaipa, and more. There is no charge for initial consultations and our office offers 24/7 emergency service. 909.913.3138

PC 647(f) California Drunk in Public & Public Intoxication Criminal Defense Attorney

California “Drunk in Public” Laws: Penal Code 647(f)

California “drunk in public” law, which punishes those found guilty of “public intoxication” can be found at Penal Code 647(f) PC. Charges for public intoxication (PC 647(f)) are filed as misdemeanors.

What must be proven to convict for Public Intoxication (PC 647(f))?

To prove that a defendant is guilty of public intoxication (PC 647(f)), the prosecutor must show that the defendant was

1.      In a public place willfully under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of those substances, AND

2.      One of the following:

a.       The defendant is in a condition that makes him/her unable to exercise care for his/her safety or the safety of others, OR

b.      By reason of intoxication, defendant interferes with, obstructs, or prevents the free use of any street, sidewalk, or other public way

“Willfully” means the defendant willingly or purposely became intoxicated. To be found guilty of public intoxication, defendant must have knowingly ingesting alcohol or drugs. Discussed more in detail below under “Defenses” is the defense of “involuntary intoxication” in which defendant did not knowingly or purposely ingest alcohol or drugs.

Under PC 647(f), a “public place” is a place that is open and accessible to anyone who wishes to go there, not including a person’s home. Examples of this include walking down a public street, sitting in a public park, or sitting in a parked car on a public street.

Punishment for Public Intoxication

A person who is convicted of public intoxication under Penal Code 647(f) can receive different punishments depending on if this is their first offense. Fines of up to $1,000 may be imposed. Defendant may also receive probation, or up to 6 months in county jail. A defendant who has three or more convictions within 12 months may be sentenced to up to 90 days in county jail. However, if the defendant promises to spend 60 days in an alcohol treatment program, probation or a suspended sentence may be available.

Closely Associated Crimes to Public Intoxication (PC 647(f))

Closely associated crimes to public intoxication (PC 647(f)) include: PC 372 public nuisance, and PC 415(1) disturbing the peace by fighting.

Defensesto Public Intoxication

Involuntary Intoxication

Under PC 647(f), because the prosecutor must prove the defendant became voluntarily intoxicated, if the defendant was involuntarily intoxicated at the time he/she was in public, the defendant will have a valid defense. Examples of involuntary intoxication include: defendant’s drink was spiked; defendant was forced to drink an alcoholic or drugged beverage against his/her will; defendant was accidentally served an alcoholic beverage when he/she was under the impression it was a non-alcoholic beverage.

Not in a Public Place

If at the time of arrest defendant is not drunk in a public place, he/she cannot be found guilty of public intoxication under PC 647(f). Further, if the police find the defendant in a non-public space, and then take him/her to a public place in order to arrest him/her, defendant cannot be found guilty for being “drunk in public”.

Insufficient Evidence of Intoxication

If the police officers who encounter defendant do not properly administer tests gauging defendant’s intoxication, or if the police officer’s method of administrating the test and dealing with defendant are improper, evidence of intoxication may be excluded.

To learn more about the crime of public intoxication, of “drunk in public” laws (PC 647(f)) in California, including defenses to public intoxication, contact a California criminal defense attorney today.

CriminalDefense attorney Christopher Dorado represents defendants charged with public intoxication (PC 647(f)) in the county of San Bernardino, including the cities of Redlands, Victorville, Fontana, Rancho Cucamonga, Rialto, Colton, Ontario, Yucaipa, and more. There is no charge for initial consultations and our office offers 24/7 emergency service. 909.913.3138

California Sex Offender Registration Laws Penal Code 290

California “Sex Offender Registration” Laws: Penal Code 290 PC

Penal Code 290 requires mandatory sex offender registration for defendants convicted of the sex offenses listed in Penal Code 290(c). A defendant may have to register as a sex offender even for a crime that is not included in PC 290(c) if it is determined the crime was sexually motivated. There are more than 100 registrable offenses. Registrable offenses can be misdemeanors or felonies.

What kind of information is disclosed on the internet upon registering as a sex offender (PC 290)?

The Department of Justice requires different categories of registered sex offenders (PC 290)  to disclose certain information on their website. Conviction of certain sex offenses requires more disclosure than others. Information that may be disclosed includes name, photograph, physical description including gender and race, date of birth, criminal history, and ZIP Code or home address.

Information about registered sex offenders in the “undisclosed category” may not be disclosed on the Department of Justice website. These offenders must still register with local law enforcement agencies, however their information is not public.

How does a defendant register as a sex offender?

A defendant must appear in person to register with the police department of the city in which he/she resides. Registration must be completed within five working days after release from custody or on probation. A person also has five working days to complete sex offender registration if he/she changes his residence.

If a defendant is currently homeless, he/she must still register as a sex offender within five working days of release from custody. Rather than including his/her address when registering, the defendant must register as a transient. The defendant must then continue to register as a transient sex offender every thirty days thereafter until he/she finds a residence.

All registrants must update their registration annually, within five working days of their birthday, according to Penal Code 290.012. Those sex offenders who are deemed sexually violent predators must update their registration no less than every 90 days, according to Penal Code 290.011.

Can juveniles be forced to register as sex offenders?

Some juveniles are required to register as sex offenders upon release from the California Youth Authority. However, those registrants whose cases were heard in juvenile court cannot have their information publicly disclosed.

What happens if a person fails to register as a Sex Offender (Penal Code 290(b))?

There are various penalties for failing to register as a sex offender under PC 290. If the underlying conviction was a registrable misdemeanor sex offense, and the person fails to register, the first violation will be a misdemeanor; however any additional registration violations are considered felonies.

If the underlying conviction is a registrable felony sex offense, and the person willfully fails to register, the registration violation will be considered a felony. Common crimes which require sex offender registration in California, include Pimping, Lewd Acts, Rape, Sexual Battery, Child Molestation, and more. 

What does the prosecutor have to prove to convict a person of Failure to Register as Sex Offender (PC 290(b))? Consequences for failure to register as a sex offender

To prove the defendant is guilty of failure to register as a sex offender (PC 290(b)), the prosecutor must prove:

1.      The defendant was previously convicted of a registrable sex offense (misdemeanor or felony)

2.      The defendant resided in California

3.      The defendant actually knew he/she had a duty under Penal Code 290 to register as a sex offender and that he/she had the duty to register within five working days of release from custody or on probation

4.      The defendant willfully failed to register as a sex offender within five working days of release from custody or on probation, or upon relocation to another residence OR willfully failed to annually update his registration as a sex offender.

A “residence” is defined as one or more addresses where someone usually resides, such as a shelter or structure that can be located by a street address. A residence may include, but is not limited to, a houses, apartment buildings, motels, and homeless shelters.

Does a defendant have to register for life?

Some registered sex offenders whose registrable sex offenses are non-disclosable to the public may not have to register for the rest of their lives. By receiving a Certificate of Rehabilitation, which is a certified court document stating that a person is sufficiently rehabilitated, some persons will be relieved of his/her duty to register. To receive a Certificate of Rehabilitation, a court must determine that the individual has exhibited good behavior and rehabilitation, and also must not have been convicted of one of the crimes listed in PC 290.5(2). Upon receiving this certificate, a person may not be denied a professional or business license solely on the basis of the previous felony conviction.

Other registered sex offenders (PC 290) who are not in the undisclosed category must receive a governor’s pardon in order to be relieved of the duty to register as a sex offender.

To learn more about sex offender registration (PC 290), in California, contact a California sex crimes criminal defense attorney today.

Criminal Defense attorney Christopher Dorado represents clients in the county of San Bernardino, including the cities of Redlands, Victorville, Fontana, Rancho Cucamonga, Rialto, Colton, Ontario, Yucaipa, and more. There is no charge for initial consultations and our office offers 24/7 emergency service. 909.913.3138

California "Lewd Acts" Law: Child Molestation Penal Code 288a PC Criminal Defense Attorney San Bernardino County

California Child Molestation Laws: Penal Code Section 288 PC (Lewd Acts)

California has many laws which might be considered "Child Molestation." Most of the laws on child molestation are found under California Penal Code Section 288 PC.

In California, child molestation is better known as "Lewd Acts on a Minor." The most common charge is probably penal code section 288(a), which is charged where the defendant is alleged to have sexually touched a minor under the age of fourteen. However, there are many subsections under penal code section 288 which may be charged depending on the facts of each case.

The exact lewd act charge depends on factors such as the defendant's age, the child's age, the presence or absence of observable injury to the child, and the type of touching that was alleged to have occurred. For example, sodomy with a child under the age of ten would have a different charge under penal code 288 then would the mere sexual touching of a child who is over the age of fourteen. Different 288 charges carry different punishments. Below is a brief list of the different types of penal code 288 charges and the their related possible prison sentences. In addition to jail sentences, if the defendant is convicted of any 288 PC charge he or she will also face possible life-time sexual registration requirement, possible immigration consequences, huge monetary fines, possible civil lawsuits, and more.

Child molestation charges are emotionally difficult. The time and energy that goes into defending child molestation claims are impossible to imagine. In most cases, the evidence is only the statements of the child and yet, the consequences could be a life-time in prison. In most cases jurors, prosecutors, police, and others are reluctant to assist. Most people are biased against defendants charged with child molestation even in cases where there is very little evidence to support the allegation. Furthermore, the prison sentences are longer for child molestation conviction than for that of most other crimes. Moreover, the statute of limitations for child molestation charges is longer than most other crimes.

Closely associated charges to California penal code section 288 PC include:
PC 288(a) Lewd Act on child under 14 [Possible eight year prison sentence]
PC 288(a) Lewd Act on Child under 14 with injury [Possible life sentence]
PC 288(b) Lewd Act on Child with force [Possible 8 year prison sentence]
PC 288(b)(1) Lewd Act on Child with force [Possible 10 year prison sentence]
PC 288(b)(2) Lewd Act by caretaker on dependent [Possible 10 prison sentence]
PC 288(c)(1) Lewd Act on child [Possible 3 year prison sentence]
PC 288(c)(2) Lewd Act by caretaker on dependent [Possible 3 year prison sentence]
PC 288(i) Lewd Act on child with injury [Possible life sentence]
PC 288a(b)(1) Oral Copulation with child [Possible 3 year prison sentence]
PC 288a(b)(2) Oral Copulation with child by force [Possible 3 year prison sentence]

To learn more about child molestation laws and defenses to child molestation charges contact an experienced San Bernardino County criminal defense attorney today. Criminal Defense attorney Christopher Dorado represents defendants accused of lewd acts under penal code 288 PC in San Bernardino County, including the cities of Redlands, Fontana, Yucaipa, Colton, Rialto, Victorville, Rancho Cucamonga, Ontario, Riverside and more. Initial consultations are free and we offer 24/7 emergency service.  Call Today! 909.913.3138

Statutory Rape Law California PC 261.5(c) San Bernardino County Criminal Defense

California Statutory Rape Law Penal Code 261.5(c)

Unlawful Sexual Intercourse with a Minor (Also known as "Statutory Rape") is a crime in California. The laws on statutory rape can be found at California Penal Code Section 261.5(c) PC, 261.5(b) PC, and 261.5(d) PC.

Statutory Rape may be charged as a misdemeanor or a felony in California. If the prosecutor files misdemeanor statutory rape charges he faces up to a year in county jail. If the prosecutor files felony statutory rape charges he faces up to three years in prison.

In order for the defendant to be found guilty of the crime of statutory rape the prosecutor must prove that the defendant had sexual intercourse with a minor (Under the age of 18). It does not matter if the minor actually consented to the sexual intercourse because minors are considered legally incapable of giving consent to sexual intercourse.

If the defendant actually and reasonably believed that the minor was over the age of 17 then the defendant is entitled to an acquittal of the statutory rape charges. The burden of proving actual and reasonable belief as to age is on the defendant.

If there is no sexual penetration then the defendant is entitled to an acquittal of statutory rape charges. "Sexual Penetration" means actual penetration of the minor's vagina with the defendant's penis.

There is a bar to prosecution if the statute of limitations for statutory rape in California has run. The "statute of limitations" is the amount of time that has elapsed since the occurrence of the sexual intercourse with the minor. For misdemeanor statutory rape the statute of limitations is one year (1); for felony statutory rape charges the statute of limitations is up to ten years (10).

To learn more about statutory rape charges in California contact a criminal defense attorney today. Criminal Defense attorney represents defendants charged with sex crimes in the county of San Bernardino, including the cities of Redlands, Fontana, Victorville, Rancho Cucamonga, Ontario, Yucaipa, Rialto, and more.

Call today for a free consultation: 909.913.3138

California Rape Laws: Penal Code 261 & 262 PC Criminal Defense Attorney San Bernardino County

California Rape Laws: Penal Code 261 and 262 PC

The law on the crime of rape is found at California Penal Code Sections 261 PC and 262 PC. The crime of rape is a very serious crime and if found guilty of rape the defendant faces up to eight years in prison.

Rape is defined as sexual intercourse without consent. To prove the crime of rape the prosecution must prove that the defendant used some force, threats, fear, menace, or duress, to have sexual intercourse with a woman. The woman must not be the wife of the defendant or the crime of rape is not committed (the defendant can not legally rape his legal wife); however, if the defendant is married to a person and he uses force against the will of his wife to have sexual intercourse with her then the prosecution will likely charge a more specific crime such as rape of a spouse (Penal Code 262).

Sexual penetration is required to prove rape. If there is no proof of sexual penetration then the defendant can not be guilty of rape; however, even slight penetration can be the basis for rape charges where the other elements are present (Force, Non-Spouse, and Lack of Consent).

If a woman initially consents to sexual intercourse but later changes her mind and withdraws her consent during sexual intercourse the defendant must immediately cease sexual intercourse; however, in this situation the woman must communicate her withdrawal of consent in some reasonable way. Otherwise, the defendant can not reasonably know that the woman has withdrawn his consent and therefore, he should not be convicted of rape.

Consent is not found just because the defendant is dating the woman or because the defendant and the woman have had prior sexual intercourse. Consent is also not found where the woman is too drunk to make a coherent choice as to whether or not she consents to sexual intercourse.

California has enacted laws to protect victims of rape. These laws are known as "Rape Shield Laws." The Rape Shield Laws protect a woman from having her reputation as a sexually promiscuous person be allowed as evidence in court. The Rape Shield Laws also forbid evidence of how a woman was dressed on a particular occasion even if that evidence would be that the woman dressed in a very sexually promiscuous manner on a particular occasion; however, Rape Shield Laws do no forbid evidence of prior claims of rape by the woman where those claims were proven to be untrue.

Defenses to rape charges include: Consent to sexual intercourse, Reasonable belief by the defendant that the woman consented to sexual intercourse, Statute of Limitations, and others.

If the defendant is found guilty of the crime of rape he faces up to eight years in jail, mandatory sexual registration, fines, probation or parole terms, possible immigration consequences, professional license suspension or revocation, and more.

To learn more about California rape charges (Penal Code 261 PC & 262 PC) and possible defenses to California Rape charges, contact criminal defense attorney Christopher Dorado today. There is no charge for initial consultations and our office is available 24/7 for emergency service.

Our office represents defendants charged with rape (Penal Code 261 PC and Penal Code 262 PC) in the County of San Bernardino, including the cities of Redlands, Colton, Fontana, San Bernardino, Yucaipa, Rancho Cucamonga, Highland, Upland, Chino, Barstow, Victorville, Rialto, Ontario, Adelanto, Hesperia, Montclair, and Riverside. Call today. 909.913.3138. Also, for information on other areas of practice, please visit us at: California DUI Laws & Criminal Defense Attorney San Bernardino County

California Sexual Battery Laws: Penal Code 243.4 PC Criminal Defense Attorney

CALIFORNIA SEXUAL BATTERY LAWS PENAL CODE SECTION 243.4

The law on Sexual Battery in California is found at Penal Code Section 243.4 PC. Sexual battery is charged as either a misdemeanor or a felony in California. If charged as a felony, the defendant may face up to four years in prison; if charged as a misdemeanor, the defendant faces up to one year in jail.

To prove that the defendant is guilty of the crime of sexual battery (PC 243.4), the District Attorney must prove that the defendant touched the intimate part of another person without the other person's consent and while the other person was restrained (or reasonably did not believe he or she was free to leave).

If the defendant is found guilty of sexual battery (PC 243.4) he or she must registered as a sex offender with local authorities. In addition, if the defendant is found guilty of sexual battery he or she will likely be fined, subjected to informal or formal probation, suffer immigration or professional licensing consequences, or more.

To learn more about penal code section 243.4 "Sexual Battery" call criminal defense attorney Christopher Dorado today. There are no fees for initial consultations and our office is available 24/7 for emergency service.

Our office represents defendants who have been charged with a sex crime in the county of San Bernardino, including the cities of Rialto, Colton, Fontana, Redlands, Victorville, Rancho Cucamonga, Ontario, Upland, Barstow, and more. Call today to speak to a sex crimes criminal defense attorney. 909.913.3138

INDECENT EXPOSURE LAWS CALIFORNIA Penal Code 314(1) & 314(2) PC Criminal Defense Attorney San Bernardino County

California "Indecent Exposure" Laws under Penal Code Section 314

California "indecent Exposure" Law is found at Penal Code Section 314(1) & 314(2) PC. Indecent Exposure is usually charged as a misdemeanor and if the defendant is found guilty of misdemeanor indecent exposure he faces up to 180 days in jail. In some case, indecent exposure is charged as a felony. This happens where the defendant has previously been convicted of indecent exposure or where the defendant has previously been convicted of lewd acts with a minor. For felony convictions of indecent exposure the defendant faces up to 3 years in prison.

To be convicted of indecent exposure (PC 314), the prosecutor must prove that the defendant purposefully exposed his or her genitals in public for the purpose of arousing himself or herself or to sexually arose another person. A "public place" is a place a place where the general public may travel.

Common defenses to indecent exposure (PC 314), include the fact that the exposure was not sexually motivated such as nude sunbathing, topless dancing as  a freedom of expression or art, "mooning" someone, accidental nudity, etc.

Another common defense to a charge of indecent exposure (PC 314), includes the fact that the exposure might not be in "public" view or directed toward the public; for example: exposure in a fenced yard, etc.

To learn more about the charge of indecent exposure (PC 314) in California, contact San Bernardino County Sex Crimes Criminal Defense Attorney Christopher Dorado today. There is no fee for initial consultations and our office is available 24/7. Call Today or visit SexCrimesAttorney909.com today: 909.913.3138

California Pandering Laws Penal Code 266i(a) PC Criminal Defense Attorney San Bernardino County

California Pandering Laws Penal Code 266i(a) PC Criminal Defense Attorney San Bernardino County

The laws on pandering in California are found at penal code section 266i(a) PC. Pandering is a felony in California. If the defendant is found guilty of pandering he or she can face up to six years in prison. If found guilty of pandering another person under the age of sixteen the defendant can face up to eight years in prison.

To be found guilty of pandering the district attorney must prove that the defendant procured another person for the purpose of prostitution with the intent that the other person actually become a prostitute or remain as a prostitute.

"Procuring" as that term is used in the pandering statute can mean any of the following: Enticing, Threatening, Encouraging, Luring, Defrauding, Soliciting, Requesting, and other means which are intended to have another person commit the crime of prostitution.

To learn more about the crime of pandering (PC 266i(a)), visit sexcrimesattorney909.com, or contact a California criminal defense attorney today. Attorney Christopher Dorado represents defendants charged with sex crimes in the county of San Bernardino. Call today for a free initial consultation. Our office is available 24/7 to answer your questions.
909.913.3138

Pimping Laws California Penal Code 266h(a) PC Criminal Defense Attorney San Bernardino County

California pimping laws Penal Code Section 266h(a) PC

California Pimping Laws are found at penal code section 266h(a) PC. In California, the crime of pimping is a felony. If found guilty of the crime of pimping (PC 266h(a)), the defendant could face up to six years in prison. If found guilty of the crime of pimping a prostitute under the age of sixteen, the defendant could face up to eight years in prison.

To be found guilty of the crime of pimping, the prosecutor must prove that the "pimp" used a known prostitute for the pimp's benefit. Generally, if a pimp solicits, encourages, employs, entices, lures, requests, or otherwise uses, a known prostitute to prostitute himself or herself for the benefit of the pimp, then the crime is proved.

The benefit to the pimp does not have to be money; anything of value to the pimp will suffice so long as the pimp acted to promote the prostitution in some way to the pimp's benefit.

To learn more about possible defenses to the crime of pimping in California, contact a California criminal defense attorney today. Attorney Christopher Dorado will explain your rights and defenses if you have been charged with a sex crime in the county of San Bernardino, including the cities of Redlands, Yucaipa, Fontana, Ontario, Victorville, Rialto, Colton, and more. There is no charge for initial consultations and our office is available 24/7 for emergency service. 909.913.3138

California Prostitution Laws Penal Code 647(b) PC Criminal Defense Attorney

Prostitution Laws in California, Penal Code Section 647(b) PC

California Prostitution Laws can be found at California Penal Code Section 647(b) PC. Prostitution is a misdemeanor in California (Felony Prostitution can be charged in certain situations).

To be found guilty of prostitution in California (Penal Code 647(b)), the prosecutor must prove that the defendant agreed to exchange money, or something of value, in exchange for sex, or sexual type conduct from a prostitute.

The prosecutor must also prove that the defendant did something more than simply agree to exchange money for sexual conduct. The prosecutor must prove that the defendant did something in furtherance of that agreement. For example: asking a prostitute to take off his or her clothes would be an act in furtherance of the agreement to exchange money for sexual conduct.

It is also considered prostitution if the defendant "solicited" a prostitute. This means that even if there is no agreement between the prostitute and the defendant the defendant may still be charged with prostitution if he or she requested the services of a prostitute.

If found guilty of prostitution the defendant can face up to 180 days for a first offense. For a second offense, the court must sentence the defendant to no less than 45 days. For a third offense, the court must sentence the defendant to no less than 90 days.

In addition to the penalties listed above, criminal convictions in general carry other punishments such as immigration consequences, probation terms, fines, licensing restrictions, and more.

In some cases it might be possible to change the charge and/or the sentence for prostitution (Penal Code 647(b)).

If you have been charged with prostitution in California contact a criminal defense attorney without delay. Criminal Defense Attorney Christopher Dorado will explain your rights and defenses if you have been charged with prostitution in California. Attorney Dorado represents defendants charged with prostitution (Penal Code 647(b) in County of San Bernardino, including the cities of Rialto, Colton, Ontario, Redlands, Fontana, Yucaipa, Victorville, Rancho Cucamonga, and more. Call Today for free Consultation with a San Bernardino County criminal defense attorney. 909.913.3138

To learn more about California prostitution laws, please visit San Bernardino County Prostitution Criminal Defense Attorney

False Imprisonment Laws PENAL CODE 236 & 237 Criminal Defense Attorney

What is False Imprisonment in California?

The crime of False Imprisonment is found at California Penal Code Sections 236 & 237 PC. In order for the defendant to be found guilty of false imprisonment the prosecutor must show that:

1) The defendant intentionally restrained or confined another person by violence or threats of violence.
2) The defendant made the other person stay in the confined place or made the victim go somewhere without the victim's consent or without legal justification.

How much jail time can I get if I am charged with False Imprisonment (Penal Code 236)?

False Imprisonment can be charged as a felony or a misdemeanor in California. If the crime is charged as a misdemeanor the defendant can face up to a year in county jail. If the crime is charged as a felony the defendant can face up to 3 years in prison.

Closely related crimes to False Imprisonment include: 

Penal Code 237 PC, False Imprisonment with violence (Felony or misdemeanor with a maximum sentence of 3 years).

Penal Code 210.5 PC, False Imprisonment of a hostage (Felony with a maximum sentence of 8 years).

In addition to the maximum jail terms listed above, criminal convictions in general can have other severe consequences. Not all convictions carry the same consequences, but the list of possible consequence for criminal convictions include: Felony or misdemeanor probation sentence, fines, immigration consequences, employment loss, professional license revocation or denial, administrative hearings initiated (DMV and/or professional licensing hearings), increased insurance rates, civil lawsuits, mandatory registration requirement (for some sex crimes, drug crimes, arson crimes, and gang crimes), mandatory rehabilitation classes (for some domestic violence and child abuse type cases), restraining orders, loss of rights to own firearms (certain offenses), emotional stress on you and your family, and more.

What are my defenses to a charge of False Imprisonment in California (Penal Code 236 PC)?

There are too many defenses to the crime of False Imprisonment to list all of them here. Every case is different because the facts of every case are different. In general, it might be possible to reduce the False Imprisonment charge to a less severe charge, or it might be possible to reduce the amount of jail time associated with the False Imprisonment charge. 

For more information on defenses to criminal charges in general, including defenses to a charge of   False Imprisonment (Penal Code 236 PC), see Defenses to Crimes.

Without a doubt, the most important thing the defendant must if he or she is charged with a crime is to speak to an experienced criminal defense attorney without delay. 

To learn more about the crime of False Imprisonment and possible defenses to the crime of False Imprisonment visit CriminalDefense909.com today, or call 909.913.3138 to speak directly to an experience California Criminal Defense Attorney. Initial consultations are free and we offer consultations 24 hours a day 7 days a week.

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