A false sex crime allegation can have potentially life changing consequences. False allegations may come from cases of mistaken identity, deliberate fabrications, or a young accuser being manipulated by adults.
Thankfully, the experienced attorneys at VIB LAW know how to use modern techniques (Such as lie detector and DNA evidence) as well as more traditional investigative methods to defend people who have been accused of these type of charges.
Sex Crime Charges is San Jose
At the Law Offices of Valencia, Ippolito & Bowman, our San Jose sex crime defense lawyers bring more than 70 years of combined experience to sex offense cases. In fact, VIB partner Riccardo Ippolito is considered a state-wide expert in defending these type of charges, having written the book, Strategies For Defending Sex Crimes. Ippolito has used these defenses to obtain several high profile acquittals and dismissals in child molest and rape cases.
Our San Jose sex crime lawyers have won numerous awards, including being named Criminal Defense Firm of the Year by San Jose Magazine.
Defense Against All Sex Crimes
If you are approached by the police or arrested in relation to a sex crime of any type, understand that you have the right to remain silent and the right to contact an attorney. The things you say to police could be used against you. We defend against all charges, including:
- Sexual assault
- Internet sex crimes
- Dating violence and date rape
- Indecent exposure
- Public lewdness
- Child Molestation
Among the many penalties you will face if convicted, you will have to deal with sex offender registration. That alone is life changing. Strong defense requires early intervention, if possible. We do not believe in waiting to see what happens. We will begin our investigation immediately, doing everything possible to get you through this quickly and effectively.
What are the most common sex offense charges? What do these Penal Code numbers on my “Booking Sheet” mean?
When a person is arrested for a sex offense charge, he or she will receive a “Booking Sheet” when they are released. This paper is very useful and you should bring this (as well as any other important paperwork) with you to your first consultation with us.
The “Booking Sheet” lists the Penal Code sections or charges of the actual arrest.
Some of the most common sex offense charges you might have been arrested for are:
Penal Code Section 288(a) – “Lewd or lascivious acts.” This is the most common sex offense charge used by police officers. Basically, this code makes it illegal to commit and lewd or lascivious act upon the body of a child under 14 years old with the intent to arouse either the child or the person. Conviction of this offense is a felony strike offense and requires mandatory life time registration under Penal Code 290.
Penal Code Section 243.4(a) – “Sexual Battery.” – Penal Code 243.4 makes it a misdemeanor/felony to touch an intimate part of another person’s body while that person is unlawfully restrained by the accused and the touching is for the purpose of sexual arousal.
This charge can be filed as a misdemeanor or a felony. Conviction of this offense requires mandatory life time registration under Penal Code 290.
Penal Code Section 311.11 – ” Child pornography” – Penal Code 311.11 makes it a crime for anyone to, possess images of a person under the age of 18 that involves the person engaging in or simulating sexual conduct
This charge may be filed as a misdemeanor or a felony. Conviction of this charge requires mandatory life time registration under Penal Code 290.
But what if Felony or Misdemeanor charges are filed by the DA? Am I automatically going to jail? What is my worst case scenario?
People sometimes become discouraged or feel the situation is helpless once they are arrested. This is especially true if charges are filed by the DA’s office.
At VIB Law, we feel that every case can be defended or negotiated. Some of the most common defenses we explore for are clients in these types of cases are:
Mistaken Identity-Sometimes victims misidentify people. We had a sexual assault case where the child accused our client of sexually assaulting her. While he was in custody, she pointed out a different person. This, along with our investigation of the neighbors, led to a dismissal.
Consent– In many, “Date Rape” cases, the issue of consent is crucial. In some cases, the alleged victim may feel ashamed or embarrassed for engaging in sexual behavior with someone who is not their significant other. They then say they were raped so they will not be blamed. Normally after requesting text messages and photos, we are able to establish a prior relationship that shows that the sexual encounter was consensual.
False allegations – At VIB Law we recognize that people can and do make false allegations. This can be to obtain an advantage in family court or child custody proceedings or just as revenge for some issue in the relationship (cheating etc.)
Part of your initial consultation is spent exploring potential defenses for your case. We also will lay out other ways that we may be able to negotiate a reduce on your case even if these defenses are not available to you.
What are the most common defenses you use to “beat” a wrongful accusation of a sex offense
At VIB LAW we explore every potential defense. One of our first steps is to hear YOUR side of the story. Our best weapon in defending people is our own client. This is one important piece of the case that the DA has no access to. We want to exploit that and get the other side of what happened. This gives us a direct advantage over the District Attorney’s office.
By hiring a sex defense attorney early in the process, we may be able to present evidence to the DA’s office that was ignored or missed by the investigating officer. This early intervention can be critical.
Example – We had a case in which our client (The father of the children) was accused by the mother of molesting their children. Our investigation turned up facts showing that the mom (the one making the child molest allegation) had been requesting the family court judge in their case for permission to take the children to Mexico to live with her.
Her request was denied because the Judge did not want to have the children taken away from the father. So she decided to get rid of the father by making up a false child molest allegation. The District Attorney did not have this evidence. When we provided it to her, she dismissed the case.
I’ve just been falsely accused of a sex crime. Is there anything I should be doing immediately?
One of the most shocking and life changing experiences a person can have is to be falsely accused of molesting a child or sexually assaulting someone.
At VIB Law, we start with the presumption that you are innocent of these charges until proven guilty. That means fully listening to your side of the case and immediately investigating the allegations.
To help us, you should gather any emails, text messages or voice messages that might help your case. Start thinking about potential defense witnesses you may need to have interviewed by our investigator. These could include characters witnesses or people who have seen the alleged victims lie or make false allegations before. Gather their contact information for a later interview.
Remember, if you are arrested for a sex offense charge, the police agency will send a copy of the police report to the DA’s office for their review. By getting to work immediately, often we can locate favorable defense evidence and witnesses, and get a “head start” towards defeating the charges. If charges have not been filed yet, we can sometimes intervene with the DA’s office on your behalf.
VIB Law partner, Riccardo Ippolito has handled many high profile sex offense cases that have been featured on the news, newspapers and other media outlets. He also wrote a book “Strategies for Defending Sex Crimes“: for other attorneys about how to handle these types of cases. This can be found here.
Does your firm have any special experience or expertise with these type of cases?
Riccardo Ippolito is a recognized expert in sex crime defense. In fact, you could say that he, “wrote the book” on defending these cases. His approach to investigating and defending these charges is so well respected that he wrote “Strategies for Defending Sex Crimes”: for other attorneys about how to handle these types of cases. This can be found here.
Mr. Ippolito believes strongly in being proactive and moving swiftly to prepare your defense. As he puts it, “As soon as you or a loved one is aware of a charge like this, the clock is ticking. It is absolutely critical to investigate your case as soon as possible.”