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