Discreet Confidential Consultation (213) 374-3952


Likelihood of Doing Jail Time for a Sex Crime

Posted by Ronald D. Hedding | Dec 22, 2020

Sex crime cases are severe, and most times, prosecutors and judges want to send people to jail or even prison.  This is a dangerous situation, so we want to do everything we can to keep you out of jail and prison. Some strategies are to show that you will not repeat this offense.  

That's the whole recidivist argument, and a lot of times, we will get a mental health evaluation of you. It's called a Penal Code 288.1 report, giving the prosecutor an alternative to jail and a treatment plan for your situation.  

A doctor will test you, write a report, and recommend treatment. The critical thing we're looking for is that you won't be a recidivist or a danger to anyone in the community. So, that's certainly one way to mitigate the circumstances: show you're not a danger, that you don't need the harshest punishment, and that other forms of punishment can rehabilitate you.

Sex crimes are some of the more seriously prosecuted cases, and the LA District Attorney's office takes a lot of interest in them. As far as jail and prison go, they're usually among the top crimes in Los Angeles. If you're charged with some sex offense, you have the likelihood of going to jail.

The prosecutors and judges realize that the jails are overcrowded and cannot hold that many more people. They are, therefore, coming up with alternative sentences when it has to do with even sex crime cases because the jails won't hold that many people. 

There could be liability issues, and it's almost impossible for the Sheriffs to house that many people safely. Even the Sheriffs have contracted the Coronavirus inside the LA County Jail. So, the number one way to avoid jail is that there is now a pandemic and no room inside the prisons.

Mitigation Package

Another way is if your defense attorney can show the prosecutor that there's a way to reform you that does not involve jail time.

Often, we put together a good mitigation package with all of the personal information about you that the police didn't have when they arrested you and the prosecutors didn't have when they filed the case.

So, showing mitigating factors about you, your situation, and your life can keep you out of jail.

And, of course, the final way to keep you out of jail is taking the case to trial, getting a not guilty verdict, and then you leave; you have no charges, you have no record, and you do no jail time.

Criminal Defense for California Sex Crime Charges

Of course, the other way to avoid a jail or prison sentence is to take the case to trial and get a not-guilty verdict.  That's something that we need to talk about right from the beginning.  We must decide whether this case must be fought at a jury trial.  Whether it needs to be investigated, motions filed, attack the prosecutor's case, or, conversely, do they have the evidence against you?  Would it be foolish to fight the prosecutors, make them angry, and put you in the worst possible position?  

That's one of the biggest things you need to decide.  That is, can you fight it?  Can you win it? Of course, both of these choices that I've given you, both of these elections beg the question, really answer the question about what your best strategy is if you're facing jail or prison time related to a sex crime case and that finds the best possible attorney you can.  

You're only going to have the opportunity to fight this case or negotiate this case one time.  Do it right and never do it again. 

We represent clients throughout Southern California, including LA, Orange, Ventura, Hollywood, Riverside, and San Bernardino. Please get in touch with us for a free case evaluation at (213) 374-3952.

About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

Contact Us Today

Hedding Law Firm is committed to answering your questions about state or federal sex crime issues in California and throughout the United States.

I'll privately discuss your case with you at your convenience. All consultations are free, discreet, and confidential. Contact us today to schedule an appointment.