Let's review whether you will go to prison if charged with California Penal Code 289 PC forcible sexual penetration with a foreign object.
This Penal Code Section 289 – forcible sexual penetration – is a grave crime because a prosecutor alleges that you or your loved one touched a woman in a way that amounted to forcible penetration.
That means the touching would have to be underneath the clothes, and there would have to be some sort of penetration, however slight. It doesn't really have to be much to meet the requirements for penetration purposes. This is a severe crime. It's a violent felony; you would face many years in prison if convicted.
In addition, you will also be facing lifetime registration as a sex offender and being placed on the Megan's Law website. So, you don't want to get convicted of this particular crime if you can avoid it. If you can take the case to trial and get a not-guilty verdict, that would be one way to prevent being convicted.
Another way would be to have your attorney negotiate a resolution that does not have you pleading with this particular charge. Some of the factors that will determine whether or not you're facing a lengthy prison sentence will be the facts and circumstances surrounding your case.
One area where I see this come up a lot is when the alleged victim is unconscious – either asleep, intoxicated by drugs or alcohol, or both and the person is touching the other individual underneath their clothes in a sexual manner. This could trigger a Penal Code Section 289 violation and a lengthy prison sentence.
Attorney Strategy Meeting
What I have you do when you meet with me is I have you come in and I encourage you to be honest and tell me exactly what happened. We'll go over all of the facts and circumstances of the case. Then we'll plan on precisely the best course of action – whether the issue is at a prefiling stage where you're being investigated or already filed on. You have a court date; we must act immediately and ensure you don't do or say anything to incriminate you further.
I've been doing this now for 30 years. I started working for the district attorney's office in Los Angeles. A superior court judge, the State Bar of California.
Finally, in the early 1990s, I began defending people for sex offenses like you or your loved one. We'll go over the case. We'll devise our plan, and then I will be the one who deals with the prosecutor and the judge and all of the twists and turns attendant in these types of cases.
So, if you need the best, you're charged with a sex crime – Penal Code Section 289 – forcible sexual penetration – pick up the phone now. Ask for a meeting with Ron Hedding. I stand at the ready to help you.