Los Angeles Habitual Sexual Offender Defense Attorneys

Lawyers Defend Against Habitual Sexual Offender Allegations in Los Angeles

In 2022, rape crimes statewide totaled 14,346, as reported by the California Department of Justice (CA DOJ). That figure is composed of 13,704 actual rapes and 642 attempts to commit rape. In Los Angeles alone, 2,274 rapes were reported in a single recent year by the FBI. In addition to rape, a number of other crimes qualify as sex offenses in California. Sex offenders with multiple felony convictions are deemed a threat to the public.

If you are classified as a habitual sex offender, you could face a prison term of 25 years to life. That’s why you need an experienced criminal defense lawyer at your side—contact Werksman Jackson & Quinn LLP. Criminal defense is our specialty. We understand your future is on the line and act fast to achieve the best possible results in your case. Rated AV by Martindale-Hubbell and recognized by Super Lawyers, our Los Angeles criminal defense attorneys have been serving clients since 1994.

We have decades of experience handling the most high-stakes criminal cases. Call us today at (213) 688-0460 for a free initial consultation to discuss your case.

What Is the California Law on Habitual Sex Offenders?

The law regarding habitual sex offenders can be found in the California Penal Code at Section 667.71. The statute states:

“(a) For the purpose of this section, a habitual sexual offender is a person who has been previously convicted of one or more of the offenses specified in subdivision (c) and who is convicted in the present proceeding of one of those offenses.
(b) A habitual sexual offender shall be punished by imprisonment in the state prison for 25 years to life.”

The statute goes on to list the qualifying sex offenses. They include rape, lewd or lascivious acts, sodomy, sexual penetration with a foreign object, aggravated sexual assault of a child, continuous sexual abuse of a child, oral copulation with a minor, and kidnapping to commit a sex crime. This means if you have been previously convicted of a sex crime specified in this statute and are convicted again of the same or another specified sex crime, you will be deemed a habitual sex offender and penalized accordingly.

Consequences of a Habitual Sex Offender Conviction in Los Angeles

Conviction of a sex crime as a habitual sex offender carries harsh penalties. The statutory prison term is 25 years to life. Generally, there is no possibility of probation. Conviction as a habitual sex offender is not eligible for expungement under California law.

Once a convicted felon is released from prison, they will be required to register as a sex offender for life. The process involves providing detailed personal information, including residential addresses, employment details, and vehicle descriptions. Registrants must update their information annually and whenever they change their address or place of employment. The sex offender registry in California is publicly accessible, which means that anyone can search the database to find information about registered offenders.

From an employment perspective, individuals may face immediate termination or suspension. Future job prospects are also impacted, as most employers conduct background checks, and many companies are unwilling to hire someone with a conviction for a sexual offense. Professional licenses may be revoked, further limiting career opportunities.

The stigma associated with a sexual offense conviction often leads to social isolation, strained family relations, and the dissolution of friendships. Close relationships may deteriorate under the stress and shame that accompany these charges. Marriages and partnerships are particularly vulnerable, as the emotional toll can be overwhelming.

Under federal and California state laws, people convicted of serious offenses, including sexual crimes, lose the right to own or possess firearms. For non-citizens, a conviction can severely impact immigration status. U.S. immigration laws classify certain crimes, including sexual offenses, as deportable offenses.

Navigating the Los Angeles Criminal Justice System

The legal process begins with an arrest, where law enforcement detains the suspect and initiates formal charges. Following the arrest, an arraignment is held, during which the accused is formally charged and enters a plea of guilty, not guilty, or no contest.

Next is the pre-trial hearing, where both the defense and prosecution discuss evidence, file motions, and negotiate potential plea deals. During this phase, the defense attorney may challenge the admissibility of certain evidence or seek to dismiss charges based on procedural errors or lack of probable cause. Successful plea negotiations can result in avoiding the uncertainties of a trial and achieving a more favorable outcome.

If no plea agreement is reached, the case proceeds to trial. The trial includes jury selection, opening statements, presentation of evidence, witness testimonies, cross-examinations, and closing arguments. After all evidence is presented, both sides make closing arguments, summarizing the key points and attempting to persuade the jury. Then, the jury deliberates in private, reviewing the evidence and reaching a verdict.

Legal Defenses Against Habitual Sex Offender Charges

It is important to fight a conviction as a habitual sex offender with the best possible legal defense. If you have a previous sex offense conviction on your record, the only way to avoid this designation is to not be convicted again. Our Los Angeles sex crime defense lawyers can raise every legal defense that applies to your case. Possible defenses include:

• Constitutional Violations: If police misconduct, such as a coerced confession or an illegal search, occurred, your charges could be dismissed.
• Lack of Physical Evidence: We can carefully examine the prosecution’s case against you and challenge every flaw. This includes a lack of physical evidence connecting you to the crime.
• False Allegations: This involves attacking the credibility of your accuser and asserting that the allegations are false.

It is the responsibility of the prosecution to prove a crime beyond a reasonable doubt, and we ensure our clients are justly represented.

Role of Evidence in a Habitual Sexual Offender Trial

Forensic analysis involves the scientific examination of physical evidence, such as DNA, fingerprints, and other biological materials. This analysis can provide crucial insights that either support or refute the prosecution’s claims.

DNA evidence is one of the most reliable forms of forensic evidence, given its ability to uniquely identify individuals. The presence or absence of a defendant’s DNA at a crime scene can significantly influence the case’s outcome. For the defense, scrutinizing the collection, preservation, and analysis of DNA evidence is essential. Any mishandling or contamination can be grounds for challenging its admissibility. Defense attorneys may employ expert witnesses to interpret the DNA findings and present alternative explanations that cast doubt on the prosecution’s narrative.

Witness testimony provides firsthand accounts of the events in question, offering perspectives that can support the defense’s case. Defense attorneys will carefully examine the credibility of prosecution witnesses, cross-examine them to uncover inconsistencies, and present their own witnesses whose testimonies may counter the allegations.

Digital evidence, including emails, text messages, social media posts, and electronic records, can also play an important role. This type of evidence can corroborate alibis, establish timelines, and challenge the prosecution’s narrative. For example, location data from a mobile phone might demonstrate that the accused was not at the crime scene. Expert analysis may be required to interpret complex digital data and ensure its accuracy.

Expert witnesses play a crucial role in interpreting complex forensic data and presenting it to the court in a clear and convincing manner. These experts, who may specialize in fields like DNA analysis, digital forensics, or psychology, can offer authoritative opinions that challenge the prosecution’s evidence. They can also help to discredit opposing expert testimony, casting doubt on the reliability of the prosecution’s case.

Post-Conviction Legal Options in Los Angeles for Charges of Habitual Sexual Abuse

The appeals process is a critical post-conviction legal option for defendants who have been wrongfully convicted or received an unfair trial. An appeal is not a re-trial – it’s a request for a higher court to review the legal proceedings of the original trial to identify any errors that may have affected the verdict or sentencing. Common grounds for appeal include procedural errors, improper admission of evidence, improper exclusion of evidence, inadequate legal representation, prosecutorial misconduct, and judicial misconduct.

The first step in the appeals process involves filing a notice of appeal, followed by preparing a written brief that outlines the legal arguments for overturning the conviction. The prosecution will respond with their own brief, and oral arguments may be presented before the appellate court. The appellate judges will review the case records, briefs, and arguments before rendering a decision.

A motion for a new trial can be filed if significant new evidence emerges that could alter the outcome of the case. Habeas corpus petitions challenge the legality of the defendant’s detention, often focusing on constitutional issues. Sentence modification requests can be made to reduce the severity of the punishment based on mitigating factors or changes in the law.

Our Los Angeles Habitual Sexual Offender Defense Attorneys Can Get You Justice

At Werksman Jackson & Quinn LLP, we believe everyone deserves to be treated fairly under the law, including those accused of sex offenses. Our Los Angeles firm has achieved notable victories in sex crime cases because our lawyers are efficient and effective.

We are ready to fight for positive results. Contact our habitual sex offender lawyers in Los Angeles today at (213) 688-0460.

Additional Information

• What You Need to Know About the Sex Offender Registry