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Huntington Beach Sex Crime Lawyer Certified Specialist in Criminal Law

Huntington Beach Sex Crime Lawyer

Sex Crime Attorney In Huntington Beach, CA

Being implicated in a sex crime in Huntington Beach, CA can be devastating to your reputation, your career, your family life, your standing in the community, and every other aspect of your existence in society. When the unimaginable happens and you’re accused of an unspeakable violation, it will be in your best interests to obtain the services of a skilled defense attorney as quickly as possible.

While everyone convicted of a crime in the United States has the right to be presumed innocent until guilt is proven, sex crimes often carry such a heavy social stigma that cases are tried in the so-called “court of public opinion” long before they ever reach a judge. Additionally, prosecutors will paint you in the worst possible light, which can be nearly traumatic when doing so involves sexual misconduct. They also have the full power and authority of the state behind them as they do so. Judges and juries, while technically bound by law to act in an impartial way, are also often predisposed to dislike anyone accused of a sex crime due to the heinous nature of the crime. It can be easy for a good prosecutor to convince them of your guilt, even if you are innocent of the crime.

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Criminal cases are often complicated. There are two sides to every story, and it is important that the court sees the situation clearly. We can help defend you in your criminal case and make sure your perspective is heard

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Consent in the State of California

While determining whether any particular crime is truly sexual in nature can sometimes be a subjective matter for judges and juries, the California Penal Code provides a fairly solid and robust framework for these cases. One of the most important terms in many sex crime cases involving adult parties is consent. The legal definition of consent, as it applies to sex crimes, can have subtle differences from state to state.

“Consent” in California is defined as “positive cooperation” in a situation, with an “attitude pursuant to an exercise of free will”. A consenting person must therefore act “freely and voluntarily” with “knowledge of the nature of the act.” The existence of a marriage or romantic relationship is not enough to pre-establish consent.

Determining consent during the investigation of a sex crime can be difficult, as some of the factors involved are matters of someone else’s personal experience and can be extremely difficult to prove or disprove. Nevertheless, establishing consent (or the lack thereof) through evidence remains pivotal in sex crime cases. While the letter of the law does not mandate an explicit verbal agreement to establish consent before sexual contact, sexually active parties concerned about accusations of sexual misconduct may wish to develop this habit.

Leading Sex Crimes Defense Training Nationwide for Over a Decade.

Leading Sex Crimes Defense Training Nationwide for Over a Decade.
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    Training lawyers nationally for 14 years.

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Have questions? Ready to get started? Call (714) 266-3945 today or contact us online to schedule a consultation.

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