The answer is no, you wouldn't have to register if you're charged, but if you get convicted of Penal Code Section 243.4 — sexual battery — believe it or not, that is a registerable offense. So, one big thing that defense attorneys are trying to do is get rid of any sex offenses where the individual has to register as a sex offender.
There is a glimmer of hope in the form of an alternative charge, a simple battery, under Penal Code Section 242. This charge, which refers to harmful or offensive touching, can often be a viable alternative for those facing sex-related offenses. This discovery can bring a sense of relief, even though pleading guilty to Penal Code Section 243.4 remains a significant challenge.
Nobody wants to register as a sex offender. There are various ways to navigate this, but one thing is certain-you'll need a skilled sex crime attorney who has experience in this area and has achieved success. Having a competent attorney by your side can provide a sense of reassurance and confidence in your defense.
When I take on a case, I strive to gather as much information as possible about the client, including whether they have a family and a job. We're going to see if they have any prior sex-related offenses. There's a whole host of things that go into deciding whether a prosecutor is going to try to force sex registration when it comes to a sexual battery case. This thorough evaluation is crucial in building a strong defense strategy.
When it comes to first offenses, the issue of fairness becomes a concern. Is it a matter of principle that someone is forced to register as a sex offender simply because of a first offense? The answer should be no, and your concerns about fairness are valid. However, the facts of the crime must be carefully considered.
You have to look at how egregious the activity is. You have to look at how much the alleged victim was harmed. Many issues must be addressed, and you also need to consider your criminal defendant.
What mitigating factors can you highlight and demonstrate for that particular person so you can get the best result in their case?
Psychologist Evaluation
Often, we'll have a psychologist evaluate the person and write a report, assessing whether that person is likely to commit another related offense.
If they're unlikely to commit another offense, the psychiatrist can offer compelling reasons why this offense occurred and provide valuable suggestions on how it can be prevented from happening again.
That puts you in a solid position to argue that you shouldn't have to plead to a sexual battery. You shouldn't have to register as a sex offender. Instead, we can devise an alternative charge that is more suitable for your case. This is a key part of the legal strategy in a sex crime defense case.
Give me a chance. Give me a break. This was an aberration. These are the types of arguments that have to be made if you want to succeed in a sex crime defense case.
