Sex Crimes

Statutory Rape Attorney

The age of legal consent in California is 18. Any adult who has sex with a person who is not his or her spouse and who is under the age of 18 may be convicted of the crime of unlawful sexual intercourse, commonly referred to as statutory rape. In California, a minor may also potentially be convicted of the crime of unlawful sexual conduct, depending on his or her age and the age of the other minor child.

Statutory Rape Charges in Riverside and San Diego

California Penal Code 261.5 specifies different ranges of offenses and penalties that vary depending on the age of the perpetrator and the minor. The Penal Code states:

• Sex with a minor under age 18 is a misdemeanor if the “perpetrator” is no more than three years older than the minor.
• Sex with a minor may be charged as a misdemeanor or felony if the minor is under 18 and the perpetrator is more than three years older than the perpetrator.
• Sex with a minor may be charged as a misdemeanor or felony if the minor is under 16 and the perpetrator is 21 or older.

Contact a Riverside and San Diego Statutory Rape Defense Attorney Today!

If you have been arrested for statutory rape, it is critical that you protect your rights by retaining an experienced criminal defense attorney. For a vigorous defense, contact the Law Offices of Marty V. Miller in Riverside and San Diego; call (951) 335-9015, at (858) 223-6555 or contact us by e-mail.

We will examine the facts of your case to prepare a strong defense on your behalf at trial or obtain leverage necessary to seek a favorable plea agreement. Whether you choose to take your case to trial or accept a plea agreement, we will zealously defend your rights to obtain the best outcome we are able to achieve on your behalf.

Defense Against Statutory Rape Charges in Riverside and San Diego

We will help you understand your rights, the risks of going to trial and the consequences of accepting a plea agreement. We are mindful of key issues that may affect your rights:

• Will a plea to a sex crime require registration as a sex offender?
• If you are a licensed professional, could a guilty plea affect your license?
• If you are not yet a citizen, could a conviction lead to deportation?
• How would a felony conviction affect your rights and your future employment opportunities?
• What are your options and what risks and rewards do they potentially entail?

We offer a team of skilled negotiators and trial lawyers who are ready to advocate passionately on your behalf. We care about our clients and take significant measure to provide the strong defense they deserve.

Contact Us

To schedule a free consultation call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.

Internet Sex Crimes Attorney

Internet sex crimes are on the rise. Law enforcement officers and prosecutors are aware of this fact and they are taking significant measures to fight Internet sex crimes, including:

• Internet solicitation of a minor
• Possession of child pornography
• Distribution of child pornography
• Luring a minor for the purpose of sexual assault
• Indecent exposure

Speak to an Internet Sex Crimes Lawyer Today!

If you have been arrested for an Internet sex crime, it is critical that you protect your rights by retaining a criminal defense attorney. For the experienced and highly qualified legal representation you need, contact us online or call the Law Offices of Marty V. Miller in Riverside and San Diego, California at (951) 335-9015, at (858) 223-6555.

Methods of Detection

There are a number of methods that law enforcement officers use to investigate Internet sex crimes. Were you arrested because the police seized a computer that contains child pornography? Were you arrested because you sent pictures over the Internet of a minor to others or sent pictures of yourself to a minor? Were you caught in a police sting in which an undercover agent communicated with you through the Internet while pretending to be a minor?

You are not alone. Thousands of people are arrested for Internet sex crimes every year. The best way to protect your rights is to retain a skilled Riverside and San Diego internet sex crimes defense attorney.

Defense Against Internet Sex Crime Charges in Riverside and San Diego

There are a variety of ways by which we can raise a strong defense on your behalf. If the police confiscated your computer, did they do so with a valid search warrant? Did they exceed the scope of the search warrant? Did the police make false statements to a judge in order to obtain the search warrant?

We will examine the facts of your case to determine if your constitutional rights were violated. If the police violated your rights, we can seek to suppress all evidence obtained as a result of an illegal search or seizure. We can even seek the suppression of a confession or damaging statements you may have made to police under limited circumstances.

If you were arrested in a police sting, we can review the case to determine if an entrapment defense is potentially viable. We can also determine if the statements you made technically constitute a crime.

Our goal in every case is to obtain the best possible result for our client by trial, motion to dismiss or favorable plea agreement. We are prepared to stand up to the prosecution on your behalf to protect your freedom, record and rights.

Contact Us

To schedule a free consultation with one of our Riverside and San Diego Internet sex crimes lawyers, call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.

Child Pornography Attorney

Few criminal charges carry a greater lasting stigma and more serious overall life consequences than child pornography charges. Local law enforcement, federal agencies and the media all prioritize child porn busts, recognizing that the public applauds them and soaks up coverage of these cases.

California Penal Code Section 311.11

Child Pornography is Defined as:

(a) Every person who knowingly possesses or controls any matter, representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, the production of which involves the use of a person under 18 years of age, knowing that the matter depicts a person under 18 years of age personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, is guilty of a felony and shall be punished by imprisonment in the state prison, or a county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment.

(b) Every person who commits a violation of subdivision (a), and who has been previously convicted of a violation of this section, an offense requiring registration under the Sex Offender Registration Act, or an attempt to commit any of the above-mentioned offenses, is guilty of a felony and shall be punished by imprisonment in the state prison for two, four, or six years.

(c) Each person who commits a violation of subdivision (a) shall be punished by imprisonment in the state prison for 16 months, or two or five years, or shall be punished by imprisonment in a county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment, if one of the following factors exists:

1. The matter contains more than 600 images that violate subdivision (a), and the matter contains 10 or more images involving a prepubescent minor or a minor who has not attained 12 years of age.

2. The matter portrays sexual sadism or sexual masochism involving a person under 18 years of age. For purposes of this section, “sexual sadism” means the intentional infliction of pain for purposes of sexual gratification or stimulation. For purposes of this section, “sexual masochism” means intentionally experiencing pain for purposes of sexual gratification or stimulation.

(d) It is not necessary to prove that the matter is obscene in order to establish a violation of this section.

(e) This section does not apply to drawings, figurines, statues, or any film rated by the Motion Picture Association of America, nor does it apply to live or recorded telephone messages when transmitted, disseminated, or distributed as part of a commercial transaction.

(f) For purposes of determining the number of images under paragraph (1) of subdivision (c), the following shall apply:

1. Each photograph, picture, computer or computer-generated image, or any similar visual depiction shall be considered to be one image.

2. Each video, video-clip, movie, or similar visual depiction shall be considered to have 50 images.

A Balanced Approach and Defense Focused on Protecting Your Future

Our Riverside and San Diego child pornography attorneys do not shy away from complex or controversial cases, including Riverside and San Diego child pornography charges ultimately requiring defense in federal court. We believe adamantly in every citizen’s right to a zealous defense against any charge. Further, we know that many child porn cases are highly suspect in terms of the accused person’s guilt or ill intent.

We Will Hear You Out and Pursue All Legal Options

We know that your arrest for possession or distribution of illegal pornography may have come about in various ways. Some allegations are leveled by estranged spouses seeking leverage in a divorce or custody case, for example. A conflict at work may have led to a search of your computer — and images may have been there that you never intentionally or knowingly downloaded.

We have learned of several cases of men being arrested at an airport when returning from Thailand, some Central American destinations and elsewhere on suspicion of importing child pornography or having conspired with others to have sex with minors outside the U.S. Few people realize that a stop at any border or point of entry gives agents the authority to search your computer for media.

Turn to Our Experienced Riverside and San Diego Child Pornography Attorneys

A conviction for a felony sex offense could mean prison time, the end of your career, the loss of your most valued friends and family connections, and required registration as a sex offender. The Law Offices of Marty V. Miller is a resource for people who are unjustly accused or facing penalties that could damage their lives forever in profound ways.

To talk through your case and legal options with a practical, dedicated Riverside and San Diego child pornography attorneys often consulted by the media on controversial cases, contact The Law Offices of Marty V. Miller now. We offer free initial consultations.