I've been doing this for twenty-five years, and I continue to see people being charged with sexual battery. Often, it's in the most innocuous way — whether it be at a sporting event and somebody touches another person — people really drunk at restaurants or fast-food locations touching women inappropriately — the next thing you know, they're charged with a sex crime.
They're facing sex registration, embarrassment, jail time, and having to go to court over and over again. It is a shame because people often do not think before they act. They don't realize that their conduct can cause them horrible consequences.
When you're looking at registering as a sex offender and going on Megan's website where other people can see that having to go to local law enforcement on your birthday every year, so, if you're charged with one of these sex crimes, I've often seen that the police blow things out of proportion.
The person accusing you of doing something may be taking something out of context, or maybe you did what they claim you did, but do you deserve to register as a sex offender?
Early Negotiation with Prosecutor
At the onset of these cases, fear and uncertainty often grip the client. The prospect of being labeled a sex offender is a terrifying one. This is where I step in, initiating early negotiations with the prosecutor. This proactive approach is crucial in reassuring the client and laying the groundwork for a favorable outcome.
This means getting character letters from your fans or your family, getting some of your community work — maybe you're a sports coach. There are all sorts of things that we can get to show the prosecutor that your conduct in this particular circumstance was an aberration. It's never going to happen again, and you don't deserve to have to register as a sex offender and take a conviction for sexual battery on your record.
It's important to note that prosecutors have the discretion to pursue alternative charges, such as a simple battery under Penal Code 242 PC. While still serious, these charges do not carry the same stigma and long-term consequences as a sexual battery charge.
In other words, if you get convicted of sexual battery, you have to register as a sex offender. If you're convicted of a simple battery, you don't, and there are all sorts of other charges that can be inserted in rather than a sexual battery.
So, suppose you're facing one of these charges, and you don't have any criminal record, and you specifically don't have any sex-related offenses on your record. In that case, you're definitely in the ballpark to avoid that sex registration.
However, you're going to have to get an attorney who's been down this road before, is local to the court where your case is pending, knows the prosecutors and judges, and knows how to handle one of these cases—knows what type of evidence and information to present to the prosecutor and judge and also knows how to negotiate.
Sometimes, people find themselves in a situation where they may deserve to register as sex offenders. However, there's still hope. With the right negotiation, it's possible to work out a deal where you only have to register as a sex offender for the probationary period. If you can stay out of trouble during this time, you won't have to register as a sex offender in the long run. The charge gets changed, and you can move forward with your life.
Contact Our Law Firm for Help
Other times, the person doesn't deserve to have to register as a sex offender, and the prosecutors are just going too far. they need to be convinced that you should be able to plea to a different charge and not have to register as a sex defender.
Finally, there are those cases where the person didn't intentionally do anything wrong, shouldn't have to register as a sex offender, and shouldn't have to plea to a sex offense. That person will have to go to trial and convince twelve members of the community that they're not guilty.
If we can successfully navigate these legal hurdles, we can put you in a great position to move forward with your life. You won't have to deal with the criminal justice system, and you won't have to register as a sex offender because you were convicted of Penal Code Section 243.3 – sexual battery. There is a path to a positive outcome, and we're here to guide you through it.
Related:
