I've handled many sexual battery cases in the San Fernando courthouse throughout my 26-year career. For whatever reason, they have a lot of these type of offenses in San Fernando.
One of the biggest things that you should know is that it's not the type of crime where you're going to get lost in a big bureaucracy. The reason why is, because in the San Fernando courthouse, there's a special sex crime unit with about five prosecutors that all they do is prosecute sex crime cases.
Special Sex Crime Unit
So, if you're charged with sexual battery in San Fernando, one of these prosecutors is going to be assigned to your case.
The reason the District Attorney's office does this in San Fernando and throughout Los Angeles county is:
- (1) they can have consistency throughout the county in how they handle sexual battery cases;
- (2) they want to make sure that they protect victims in these type of cases.
In other words, they're going to make sure whatever the punishment is not only fits the crime but is designed to prevent the defendant from ever doing this again.
For example, the defendant will be ordered to stay away from the alleged victim. A violation could subject a defendant to going into custody.
Sex Offender Registration and Probation
If they put you on the Megan's Law website, your neighbors will know that you're a sex offender and they can take the appropriate precautions to guard themselves against any further crimes related to you.
The last reason that they assign a special prosecutor to these types of cases is to make sure they get a conviction. If they charge you with sexual battery in the San Fernando courthouse, they're going to want to get a conviction.
They're going to want you to be put on probation. They're going to want you punished. They're going to want you watched. They're going to want search and seizure conditions.
There's a whole slew of things that the San Fernando courthouse, the San Fernando District Attorney's office and the judge on your case, are going to be trying to implement against you.
Avoiding a Sex Crime Conviction
One of the biggest things that we try to do as a defense team is to try to avoid a conviction for a sexual battery.
This is because we know you're probably going to have to register as a sex offender and we know the punishment and the stigma associated with a sexual battery conviction.
So, what I try to do, if you're guilty of the crime and they've got the evidence against you, is get some sort of a crime that does not involve sex registration, first and foremost.
For example, a simple battery, Penal Code Section 242 is the same as a sexual battery, it just doesn't have the sexual connotation behind it.
It doesn't have the stigma behind it and it doesn't have sex registration behind it. So, that's an example of a lesser offense that you could plead to if you would have to plead guilty to something related to a sexual battery charge in the San Fernando court.
Another thing that we do is we put together a mitigation package to do damage control, and lastly, a lot of times we will get a psychiatrist to evaluate you and write a report about the likelihood of you being a recidivist.
In other words, you being a repeat offender. Because if you're not likely to do it again, then it opens the door for the prosecutors to be more reasonable with the sentence.
Also, we make get what's called a Static 99 report which is an analysis of you, your crime, your situation, to try to determine whether or not you will do this type of activity again.
If we can get the Static 99 and the psych report boasting that you are a very low risk to do it again, we've now taken the first step towards keeping you out of custody.
Pick up the phone. Ask to speak to Ron Hedding, one of the top criminal defense attorneys in the San Fernando Valley and someone who has been practicing in the San Fernando courthouse, handling sexual battery cases now for the last 26 years.
Hedding Law Firm is a criminal defense law firm located at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact us for a free case evaluation at (213) 374-3952.