Discovering that a loved one has been arrested for a sex crime in California is overwhelming and frightening. The stakes are incredibly high, with possible prison time, mandatory sex offender registration, and lifelong consequences. This guide explains what you should do immediately, how the California legal process works, and how to best support your family member while protecting their rights.
Sex crimes in California include offenses such as sexual assault, rape, sexual battery, indecent exposure, and crimes involving minors. Penalties can be severe, and even an accusation can have devastating effects on reputation and future opportunities.
Rape (Penal Code §261): Punishable by 3, 6, or 8 years in state prison if the victim is 18 or older. If the victim is a minor, sentences increase-7, 9, or 11 years for victims aged 14–17, and 9, 11, or 13 years for victims 13 or younger. Conviction requires lifetime or long-term sex offender registration and counts as a “strike” under California’s Three Strikes law.
Sexual Battery (Penal Code §243.4): Can be charged as a misdemeanor (up to 1 year in county jail) or felony (up to 4 years in state prison), depending on circumstances.
Habitual Offenders: Face even longer sentences, including possible 25-year terms for aggravated offenses.
Find out where your family member is being held.
Ask about the specific charges and which agency made the arrest.
Determine when and where the arraignment (first court appearance) will be.
This information is essential for your attorney and for supporting your loved one through the process.
Your loved one should not speak to law enforcement or investigators without an attorney present. Anything said can be used against them in court. They should clearly state:
“I want to speak to an attorney. I will not answer questions without my lawyer present.”
This is a vital right under California and federal law, and exercising it is not an admission of guilt.
Sex crime allegations are complex and carry life-altering consequences. Not every attorney is equipped to handle these cases. Seek a criminal defense lawyer with deep experience in California sex crimes.
Look for a local attorney with a proven track record.
Contact the attorney as soon as possible-early legal intervention is crucial.
Ensure the attorney can attend the arraignment and begin protecting your loved one’s rights right away.
Sex crime cases in California usually begin with a complaint to law enforcement.
Specialized detectives often lead these investigations, interviewing the alleged victim (sometimes with a forensic psychologist), witnesses, and the accused.
Physical and digital evidence is collected, including forensic exams, clothing, and electronic communications.
If police find probable cause, they will arrest the suspect and book them at the local police station.
Your family member may remain in custody until arraignment, depending on the charges and bail conditions.
At arraignment, charges are formally read, and your loved one enters a plea.
The judge will decide on bail or release conditions.
Having an attorney present is critical for arguing for reasonable bail and protecting rights.
The defense may file motions to suppress evidence or dismiss charges.
The prosecution must prove guilt beyond a reasonable doubt.
If the case goes to trial, both sides present evidence and witnesses.
Offer compassion and stability, but avoid discussing case details during jail visits or calls, as these may be recorded.
Attend hearings to show support.
Help your loved one comply with all court orders and bail conditions.
Do not contact the alleged victim or discuss the case on social media-this can harm the defense.
California offers resources for families, including legal aid and counseling.
Consult your attorney for recommendations.
Do not conduct your own investigation or contact witnesses. This can backfire and even result in obstruction charges.
Do not violate any protective orders. Even if the alleged victim reaches out, any contact can result in additional charges.
Do not talk publicly about the case. Social media posts can be used as evidence.
Do not assume guilt or innocence based on arrest alone. Only a court can determine the outcome.
California uses a three-tiered sex offender registration system:
| Tier | Registration Period | Example Offenses |
|---|---|---|
| 1 | 10 years | Sexual battery, indecent exposure (misdemeanor) |
| 2 | 20 years | Lewd acts with a child under 14 |
| 3 | Lifetime | Rape, sex trafficking, felony sexual battery, sex crimes against a child under 10 |
Registration is mandatory for most convictions.
Failure to register can result in additional criminal charges.
Some offenders may petition for removal from the registry after the minimum period, but Tier 3 offenders must register for life.
Q: Should I talk to the police for my family member?
A: No. Anything you say can be used against them. Let your attorney handle all communication.
Q: Can I bail my family member out?
A: Often, yes. The judge sets bail at arraignment. Your attorney can argue for a reasonable amount or release on recognizance.
Q: What if the alleged victim contacts my family member?
A: Do not respond. Any contact can violate protective orders and harm the defense.
Q: How long does the process take?
A: Sex crime cases can take months to years, depending on complexity and court schedules.
Q: Will my family member have to register as a sex offender?
A: Most convictions require registration, with the period depending on the offense and tier classification.
Mark A. Broughton, PC Attorney at Law, is based in Fresno, California and has extensive experience defending clients against sex crime allegations. We provide:
Aggressive, knowledgeable defense tailored to California law.
Compassionate guidance for families.
Clear communication and transparency.
A proven track record in complex sex crime cases.
If your family member was arrested for sex crimes, act quickly. Stay calm, gather information, and contact an experienced criminal defense attorney right away. Do not let confusion or fear lead to mistakes that could jeopardize your loved one’s future.
For confidential legal assistance, contact Mark A. Broughton, PC Attorney at Law. We are here to help you navigate this difficult time and fight for the best possible outcome.
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