Aggravated Sexual Assault of a Child

A sex crime is a very grave offense that can result in life-changing consequences, especially if the victim is a minor (someone under the age of eighteen years). If you are under investigation or arrest as a suspect in a criminal case involving aggravated sexual assault of a child, you will need the services of a defense attorney.

Our reliable defense attorneys at the Law Offices of Anna R. Yum can give you the best chance of securing a favorable outcome if you are under arrest or charged with aggravated sexual assault of a child in San Diego. These allegations can affect your reputation even if you are not yet guilty of the crime, and our attorneys understand that more than anyone else.

Once you contact us, we will conduct the necessary investigation immediately and work relentlessly to help convince the judge to drop or reduce your charges to a less grave offense.

Legal Definition of Aggravated Sexual Assault of a Child Under Penal Code (PC) 269

According to PC 269, you commit the crime of aggravated sexual assault of a child when you commit a sexual act with a child aged 14 years and below and you are seven years older than him/her. Examples of these sexual acts that qualify as aggravated sexual assault under this section include (but are not limited to) the following:

1. Rape

PC 261 defines rape as non-consensual sexual intercourse with another person by use of force, threats, intimidation, or fraud. Even if you did not use physical force or threats, you could be guilty of a PC 261 violation if the victim was intoxicated or incapable of giving consent. For the sake of this statute, a minor is incapable of giving consent to a sexual act.

2. Oral Copulation with a Minor

According to PC 287, you commit the crime of oral copulation when you copulate or touch the mouth of a minor with your sexual organs, like the penis or vagina. The prosecutor can file PC 287 charges against you even if the victim is not a minor if you accomplished your sexual motives by use of force, coercion, or threats.

3. Sodomy

PC 286 defines sodomy as the penetration between a man’s penis and the anus of another person without his/her consent, or someone who is intoxicated or a minor. Depending on the facts of your case, sodomy could attract misdemeanor or felony penalties upon conviction.

4. Forcible Penetration

According to PC 289, it is a crime to penetrate the anus or vagina of another person using a foreign object or device without his/her consent using threat, fraud, or force.

Here are examples of acts that could attract criminal charges under PC 269:

• A 57-year-old man raping a 13-year-old girl.
• A 26-year-old man sodomizing his neighbor’s 11-year-old boy.
• A 40-year-old lady sexually having sexual intercourse with a 14-year-old babysitter.

While prosecutors and judges are strict on crimes committed against minors, you could win a PC 269 charge by working with a skilled defense attorney.

The Criminal Court Process to Expect After an Arrest for an Alleged PC 269 Violation

The criminal court process begins with an arrest. When the police arrest you as a suspect in a criminal case involving the sexual assault of a child, they will drive you to the police station for further investigation. Once you arrive at the police station, you will also undergo an administrative procedure known as booking, where a booking officer will do the following:

• Record your legal name, physical description, and details of the allegations you are up against.
• Take your mugshots and fingerprints.
• Seize your items like jewelry, belts, and clothes.
• Thoroughly search your person for illegal goods or contraband.

After this administrative procedure, the arresting officer will check whether your offense has a predetermined bail amount on their bail schedule. If your offense has no predetermined bail amount, you will remain in custody pending your first court hearing.

Here is a brief overview of the criminal court procedures to expect if you are under arrest or charged with a PC 269 violation:

Arraignment Hearing

Arraignment will be your first court appearance once the prosecutor files PC 269 charges against you. At this stage, the court will:

• Read the charges you are up against.
• Appoint one public defender if you cannot afford one.
• Inform you of your legal rights.

The judge will also allow you to enter a plea of your choice at this hearing. Ensure you talk with your attorney before making a plea choice decision. The plea options available include:

• Not guilty — This plea choice indicates or tells the court that the allegations you are up against are untrue.
• Guilty — A guilty plea shows that you admit the allegations you are up against are true.
• No Contest — This plea choice acknowledges that there is sufficient evidence to convict you, but you do not accept the allegations you are up against are true.

Most attorneys will recommend taking a “not guilty” plea to challenge the allegations you are up against at trial. That is particularly true if he/she has eyewitness testimonies and surveillance videos to prove to the court that the allegations you are up against are untrue or that you deserve a lighter sentence for your conviction.

The court will also determine whether you are eligible for a release from jail on bail at your initial court appearance. Bail is necessary to assure the court that you will return to challenge your charges on future court dates once you obtain your freedom. When determining your eligibility to post bail, the court will consider the factors listed below:

• Your criminal background.
• Facts of your unique PC 269 charge.
• Whether you are a flight risk.
• Your behavior in court.
• Your attorney’s mitigating arguments.
• Whether you have family or community ties.

If you are not an excellent candidate for release from jail on bail, you will remain behind bars until your trial date, which could occur weeks, months, or years later. The court could also give you an “own recognizance” release, allowing you to obtain freedom without bail.

Pretrial Process

At this stage of the criminal justice system, the prosecutor and your defense attorney will exchange their evidence through a formal procedure known as the discovery process. The prosecutor and your defense attorney will also have a chance to file motions that could affect your case and how it will proceed to trial.

The admissibility of the prosecutor’s evidence against you will be your attorney’s primary focus during the discovery process. If the arresting officers violated your 4^th Amendment legal rights to stay free from unreasonable searches, your defense attorney could challenge the legality of the prosecutor’s evidence against you.

Any evidence obtained through an illegal search will be inadmissible, meaning it will not apply against you at trial. Most criminal cases are resolved at this stage of the criminal court process, meaning they will not proceed to trial.

Trial Hearing

Once you choose a “not guilty” plea, you should begin preparing for the trial hearing because it is the most confusing phase of the criminal justice system. Whether you opt for a trial by a judge or jurors, at the trial hearing, you must be ready to prove your arguments beyond a reasonable doubt to secure a favorable outcome.

Similarly, if the prosecutor cannot prove his/her arguments beyond a reasonable doubt, the judge will return a “not guilty” verdict, meaning you will go home free. Below are facts that the prosecutor must prove at trial to obtain a conviction against you for a PC 269 violation:

• You committed certain sexual acts listed above with a minor.
• The minor was fourteen (14) years of age or younger.
• The minor is at least seven (7) or more years younger than you.

You will be guilty of a PC 269 violation if the prosecutor presiding over your case can provide the court with sufficient evidence to prove these facts or “elements of the crime.”

Sentencing Hearing

The sentencing hearing will be your next court proceeding once the court convicts you of a PC 269 violation. As the name suggests, during this court proceeding, the judge or jurors will determine the sentence you deserve for a PC 269 violation conviction.

During this hearing, the prosecutor and your defense attorney can make recommendations to the court on what they think is a fair and appropriate sentence for your conviction, depending on your case’s facts. Other factors the court could consider when determining your sentence for a PC 269 violation conviction include the following:

• Your criminal record.
• Facts of your case.
• Whether you are remorseful for your actions and willing to be a law-abiding citizen.

A reliable and seasoned defense attorney could help convince the court to award you the minimum sentence for the PC 269 violation conviction.

Appeal Hearing

You have a legal right to appeal the judgment or verdict received at the trial hearing. However, your defense attorney must have sufficient evidence or grounds for this petition. Below are common grounds for appealing a verdict received at trial:

• Prosecutorial misconduct.
• Availability of new evidence.
• The prosecutor used illegal evidence against you to obtain a PC 269 violation conviction against you.
• Jury misconduct.
• The prosecutor did not have sufficient evidence to support the “guilty” verdict received at trial.
• You had ineffective or incompetent legal counsel at trial.

The appellate court judge could either affirm the verdict received or overthrow it, meaning you should be ready for a new trial to challenge the PC 269 charge for the best possible outcome. Having a seasoned defense attorney on your side during the appeal hearing could increase your odds of securing a favorable outcome.

Potential Sentence You Should Anticipate After a PC 269 Violation Conviction

A PC 269 violation conviction could attract far-reaching consequences. Even after serving your sentence for a conviction under this statute, you will face other punitive measures that can affect your quality of life. As explained below, the potential consequences you should expect upon a PC 269 violation conviction include:

Prison Sentence

Since a PC 269 violation is chargeable and punishable as a felony, your sentence upon conviction at trial could include up to fifteen (15) years or life in prison. Fortunately, with adequate and convincing mitigating defense arguments, you could qualify for felony probation or parole instead of serving this lengthy jail time.

Inclusion in the Sex Offender Registry

Also known as the Sexual Offender Registration Act, PC 290 requires certain sexual offenders to register as sex offenders. Since it is a Tier 3 offense, you will have to register and re-register as a sex offender for life. For the sake of PC 290, “registration” means providing law enforcement officers with information about your whereabouts, including where you live, go to school, or work.

Consecutive Prison Terms

You could also face consecutive prison terms if you are guilty of a PC 269 violation. Having consecutive prison terms means you have two or more convictions for a PC 269 violation, and there are:

• More than one victim or
• The victim is one, but the sexual act occurred on different occasions.

In this situation, your sentence for the second conviction will begin immediately after completing your jail sentence for your first PC 269 violation conviction.

Fines

In addition to the jail sentence, the court could require you to pay a fine of up to $10,000 upon a PC 269 violation conviction. Sexual crimes against children have steep fines to discourage you from committing similar crimes in the future and act as an example to people with similar behaviors.

Other Additional Consequences of a PC 269 Violation Conviction

In addition to the above legal penalties, a PC 269 violation conviction will also attract the following negative repercussions:

• Loss of your gun rights.
• Loss of your voting rights.
• Deportation if you are an alien or non-citizen.
• Social stigma.
• Loss of your professional licenses.
• Challenges qualifying admission in universities and colleges.

Therefore, it is best to fight your PC 269 charges aggressively to avoid a conviction or obtain a lighter sentence if a conviction is unavoidable. You could stand a chance of obtaining the best possible outcome if you have a reliable defense attorney with experience representing clients with similar sexual-related charges. Ensure the attorney you will choose to hire for legal representation is:

• Qualified and experienced.
• Credible and reputable.
• Accessible and available.
• Licensed and accredited.

While every attorney was once an amateur, you cannot risk leaving a severe crime like a PC 269 charge in the hands of an inexperienced defense attorney. Aside from being your legal counsel, a reliable defense attorney could help you convince the court to drop or reduce your PC 269 charges to a less grave offense with lighter penalties.

Defenses That Your Defense Attorney Can Assert at Trial to Challenge a PC 269 Charge

Although fighting sexual-related charges where a minor is involved could be challenging, it does not mean it is impossible to win your PC 269 charges. A skilled and aggressive defense attorney could raise various legal defenses to convince the court to drop or reduce your charges to a lighter offense. Some of these legal defenses include the following:

The Victim is Not a Child

Arguing that the victim was older than fourteen years is a viable legal defense for a PC 269 charge. The prosecutor could agree to reduce your PC 269 charges to a lighter offense if your defense attorney can provide clear evidence to prove the child’s age.

You are a Victim of False Allegations

Unlike what many think, it is possible for a minor to cook up a believable story based on false allegations, especially if he/she is coerced or threatened by someone with revengeful or jealous intentions. If your defense attorney proves that you are a victim of false allegations, the judge could drop or reduce your PC 269 charges.

The Arresting Police Officers Coerced or Forced You to Confess

Due to the grave nature of sexual offenses where minors are involved, it is not uncommon for law enforcement officers to take interrogations and investigations a notch higher. Fortunately, the 4^th Amendment of the Constitution protects you from all forms of police misconduct.

If you are a victim of misconduct like a coerced confession, the confessions or statements obtained cannot apply against you at trial to secure a guilty verdict against you under PC 269.

The Prosecutor’s Evidence Against You is Insufficient

You will not be guilty of a PC 269 violation conviction if your defense attorney can raise doubts about the prosecutor’s case against you. To secure a conviction against you under this statute, the prosecutor must have sufficient evidence to prove all elements of the crime beyond a reasonable doubt.

Aggravated Sexual Assault of a Child and Related Offenses

Related offenses in criminal cases are offenses with similar elements of the crime that the prosecutor must prove at trial to secure a conviction against you. A PC 269 violation is related to several other offenses, including (but not limited to) the following:

• Lascivious or lewd acts with a child offense, which carries up to ten years of jail sentence and a fine of up to $10,000 upon a conviction under PC 288.
• Continuous sexual abuse of a minor offense, which could make you subject to up to sixteen years of jail sentence and up to a $10,000 maximum fine upon conviction under PC 288.5.
• Rape offense, which is chargeable and punishable under PC 261. A conviction under this statute could attract up to eight years of jail.
• Statutory rape offense, which is chargeable and punishable as either a felony or misdemeanor because it is a wobbler. A misdemeanor statutory rape offense will attract up to one (1) year of jail time upon a conviction under PC 261.5. However, a felony statutory rape charge conviction will carry severe penalties, including up to four (4) years in jail.
• Child abuse is an offense under PC 273d, which carries a sentence of up to six years of jail time if charged as a felony. However, when charged as a misdemeanor, your sentence could include not more than one year of jail time.

Aggravated sexual assault of a child is often associated with these offenses. That means the prosecutor could obtain a conviction against you for any of these crimes if his/her evidence is weak and insufficient to convince the court you are guilty of a PC 269 violation.

How to Get Your Name Removed from the Sexual Offender Registry After a PC 269 Violation Conviction

To avoid several detrimental consequences of a PC 269 violation conviction, like registering as a sex offender, you should consider applying for post-conviction relief options. Unfortunately, you would not be an excellent candidate for an expungement under PC 1203.4 if you were guilty of a PC 269 violation. However, you could qualify for other post-conviction relief options, such as:

Certificate of Rehabilitation (CoR)

You can clear your sex offender status to avoid the obligation to register as a sex offender by applying for a CoR. If granted a CoR, it can relieve you from the lifetime duty to register and re-register as a sex offender upon a PC 269 violation conviction.

A Governor’s Pardon

Obtaining a governor’s pardon can give you the relief you need if you are a registered sexual offender. Unfortunately, not every person qualifies for a gubernatorial pardon. The governor could pardon you if your defense attorney can prove that:

• You are now a law-abiding-citizen and are well-rehabilitated.
• You have remained crime-free for the past ten (10) years after serving your sentence.
• You have never failed to register as a sex offender as required under PC 290.

Find a Seasoned San Diego Defense Attorney Near Me

Aggravated sexual assault of a child is undoubtedly a life-changing offense, but an arrest does not mean a conviction is inevitable. With the help of a skilled defense attorney, you could avoid a PC 269 violation conviction or obtain a lighter charge.

If you or a loved one is under arrest or pending PC 269 charges in San Diego, our reliable defense attorneys at the Law Offices of Anna R. Yum would gladly help. We invite you to call us at 619-493-3461 to schedule your initial obligation appointment as soon as possible to give our defense attorneys time to craft the best defenses to help you obtain a desirable outcome.