A plea bargain for a sex crime will end up on your record. When criminal defendants enter a guilty plea or no contest, it is recorded in their criminal histories. Generally, the consequences of a plea agreement are less severe than what you would face if you were convicted outright.
With a plea agreement, you could get a reduced charge or sentence and avoid a jury trial. You also might be able to avoid a sexual offense conviction if you plead guilty to another charge. This could keep you from having to register as a sex offender.
Our Los Angeles sex crimes lawyers help clients avoid the severe consequences that can follow a criminal conviction. We can review your legal options for today during a free legal consultation.
Sex Crime Charges in California
California defines a sex crime as any criminal act of a sexual nature. The state takes these crimes very seriously, prosecuting them as felonies or misdemeanor offenses. In Los Angeles, these crimes range from rape to public lewdness.
Sex Crime Cases We Handle for Clients
At Simmrin Law Group, our Los Angeles criminal defense lawyers are no strangers to defending individuals accused of sex crimes. We have been retained to defend in many types of cases, including:
- Rape
- Sexual battery/assault
- Indecent exposure
- Lewd conduct
- Prostitute solicitation
Even a lesser sex crime offense can result in serious consequences. In addition to hiring a lawyer, it is important to learn everything you can about your situation. While a criminal defense lawyer can explain your situation clearly, having additional knowledge can help you make informed decisions about your defense.
Possible Penalties for a Sex Crime Conviction
If convicted of a sexual offense, you could face various consequences, including:
- A jail or prison sentence
- The requirement to disclose your conviction on future job applications
- The loss of certain rights, such as the right to own a gun
No matter what other penalties you receive, anyone convicted of a sex crime must register as a sex offender on the Megan’s Law website. This registration is permanent, and failure to register is, in itself, a crime. Our failure to register as a sex offender lawyer in Los Angeles can represent those who do not meet this obligation.
For a free legal consultation, call (310) 896-2723
Reasons to Consider a Plea Bargain for a Sex Crime in California
Plea bargains are offered in some cases in exchange for the defendant pleading guilty or no contest. In exchange, the defendant receives either a reduced criminal charge, a lighter sentence, or both. These deals help everyone involved avoid the costs and uncertainty of going to trial.
Deciding whether to accept a plea deal, even if it results in a criminal record, is a significant decision. Here are factors to consider that can help determine if accepting a plea deal is right for you:
Severity of the Charge
In many cases, a plea deal involves reducing the severity of the charges. If the initial charges could lead to more serious penalties (such as longer prison time or larger fines), accepting a plea for a lesser charge might benefit your situation.
The Prosecution’s Evidence Against You
If the evidence the state has against you is strong, going to trial might result in a felony conviction on more serious charges. A plea deal could help you avoid a harsher sentence.
Future Opportunities
A criminal record can affect job prospects, housing opportunities, and eligibility for professional licenses. Consider how different charges or the presence of any criminal offense could affect multiple areas of your life.
Personal and Family Considerations
Criminal trials can be lengthy, stressful, and expensive. They also offer no guarantees. A plea deal might minimize the mental and emotional harm to you and your family.
Chances of an Acquittal at Trial
If there’s a reasonable chance of acquittal, or if there are strong defense arguments, risking a trial might be more appealing. If not, you have to think about what the alternatives are.
How Do Sex Crime Plea Bargains Differ From Other Plea Deals?
One significant aspect that separates sex crime plea deals from others is defendants must register as sex offenders. This database makes it easier for law enforcement to monitor individuals convicted or involved in sex crimes and inform the public of their whereabouts.
Various sex crimes require sex offender registration. Depending on the reduced charge, defendants could appear in a sex offender database for a shorter time or with fewer strict conditions compared to the original charges. However, even with a plea bargain, registration requirements might still apply.
Sex offender registration can affect every aspect of your life. It can make it difficult to find work and housing and strain your personal and professional relationships.
Other Ways Sex Crime Plea Deals Differ From Other Plea Bargains
Defendants have other reasons to consider whether to accept a plea deal in cases involving a sexual offense. They include the following:
- Public sensitivity: Sex crime cases often carry social consequences that could last a lifetime. Taking a plea deal could minimize public exposure, which can be more intense than for other crimes.
- Negotiation complexity: Because a conviction has severe consequences, negotiating plea deals in sex crime cases can be more complex. Other parties, such as prosecutors and judges, could also be under pressure to handle these cases, which can affect how plea deals are structured and accepted.
- Survivor involvement: In sex crime cases, how the person who survived the crime is affected is a critical factor in how plea deals are made. Prosecutors might consult with the survivor and their family to gauge their comfort with a plea deal for a defendant, which can also influence the plea agreement’s terms.
Why Taking a Plea Bargain for a Sex Crime Goes on Your Record
If you accept a plea bargain, you may be able to avoid jail or prison time. However, it is especially important that you know what you’re getting into before you accept the deal. One main thing to remember is that you will still have a conviction on your record, whether you go to trial or not.
When you take a plea deal for a sex crime, or any crime for that matter, you typically plead guilty or no contest (nolo contendere) to the charges as part of the agreement.
This results in having a permanent conviction for several reasons:
- If you plead guilty, you are formally admitting to the court that you committed the acts with which you are charged. The court accepts this admission as a basis for a conviction.
- If you plead “no contest,” it means you do not dispute the charges against you, which is similar to a guilty plea in criminal court. The court will enter this conviction into the record without the need for a trial.
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What Happens When a Conviction Becomes Part of the Legal Record?
Once a conviction is on record, it is permanent. Depending on where you live, criminal record transparency laws can allow courts, law enforcement agencies, and the public to access your file.
Having a conviction that anyone can learn about at any time can have long-term consequences. You will lose certain civil rights, such as the right to vote or possess a firearm. However, being convicted of a lesser charge can make a difference, such as when you’re applying for a job.
For sex crimes, in particular, it is crucial to have an attorney evaluate the evidence against you, the evidence that supports your case, and any potential deals you may be offered. Someone with extensive experience in this area should handle this situation very carefully.
Should You Accept a Plea Deal if it Leads to a Criminal Record?
You can keep the plea deal option on the table if you receive an offer. However, deciding whether to accept a plea deal if it results in a criminal record is a significant decision that requires reviewing where your case stands right now.
Common Defenses Used in Sex Crime Cases
Various defenses can be used in a sex crime case. The approach that you and your lawyer choose will depend on the specifics of your situation. Some of the more common defenses used to combat accusations of these crimes include:
- The prosecution’s ability to prove the victim’s story
- A reasonable belief that you had consent
- Lack of sexual contact
- Insufficient evidence
- False accusation
Even if you think you have an airtight defense, you should find holes in the prosecution’s case in as many ways as possible. You don’t want a surprise to pop up that could derail your primary defense and find yourself without a backup plan.
You Can Present Mitigating Circumstances During Sentencing
Individuals accused of sex crimes in California have the opportunity to present “mitigating factors” during their sentencing. Mitigating factors are the opposite of aggravating circumstances, which are elements that will encourage a judge to issue a harsher sentence.
This is to say that the term “mitigating factors” refers to any information or evidence that may help reduce your charges and/or sentence. In a sex crime case, such mitigating factors may include but are not limited to:
- Having no prior record
- A mistaken belief that your behavior was legal
- Your voluntary admission of wrongdoing early in the case
The judge may give a defendant who presents one or more of the above a lesser sentence.
Unsure If You Should Take a Plea Deal? Call Us for Legal Help
It may be tempting to accept a plea bargain for a sex crime, especially for a charge that you want to distance yourself from. Although a plea deal for this crime can result in a conviction on your record, how can you be sure accepting it is in your best interests?
At Simmrin Law Group, our Los Angeles criminal defense attorneys can evaluate the prosecution’s offer and explain your options. We can help you determine if what you’ve been offered is worth taking or if you should pursue further negotiation. Call or contact us online for a free, confidential consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form