SEX CRIMES
An individual who has been charged with a sex crime, requires the most comprehensive, decisive, and discreet representation from an aggressive lawyer committed to protecting your rights and your reputation. At the Law Office of Sara Azari, diligent preparation and a powerful courtroom presence characterize the defense provided by our experienced sex crimes attorney, Ms. Azari.
Most sex offenses are considered felonies that carry significant penalties, lengthy prison sentences and a lifetime requirement to register as a sex offender. Ms. Azari has successfully defended numerous clients against charges of sex crimes through trial, including rape, child pornography, and lewd act with minor charges.
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Sex-Registration Requirement
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In California, convictions for even the most minor offenses involving sexual or lewd conduct carry a statutory and mandatory requirement that the individual register as a sex-offender for the duration of his life.
Individuals on the sex offender registry will appear on public lists and websites where they are identified by name, location, details of the conviction suffered, and photograph. Sex offender registration is a life sentence of stringent and invasive restrictions. Therefore, registration requirements are often alleged to have been violated for mere oversights such as a failure to provide a designated law enforcement agency with the individual’s change of address.
A violation of sex registration requirements is in and of itself a felony charge that carries substantial time in prison.
In certain instances, Ms. Azari has been able to negotiate a limitation on the duration of this requirement whereby upon termination of the term of probation, the requirement would also terminate.
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Ms. Azari has also successfully vacated sex registration orders that were associated with lower level misdemeanor convictions suffered by clients with a strong record of rehabilitation and an otherwise law-abiding life.
Child Molestation /
Lewd Conduct with a Minor
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Ms. Azari has effectively represented many clients who were facing serious felony charges of child molestation. Such cases present legal complexities as well as a significant societal stigma. While it is commonly perceived that children who make molestation allegations against relatives or others are honest in their accusations, this is often not the case.
Family dysfunctions amongst other motives may lead children to make false allegations, which alone, and without any physical evidence, are sufficient to destroy the life and take away the liberty of the accused. Ms. Azari is particularly skilled at handling the many difficult aspects of child molestation cases including gathering evidence through a very comprehensive investigation of the relationship and family dynamics that these matters require.
Child Pornography
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The Internet has facilitated access to pornography amongst individuals of all ages. While the possession or viewing of most adult pornography is legal for individuals of appropriate age, the possession and/or distribution of pornographic material that depicts or exploits minors is vigorously prosecuted primarily under increasingly stringent federal laws, but also under state laws. Charges related to child pornography are serious, and the consequences of conviction are even more so. Child pornography charges resulting from the use of the internet are often within the jurisdiction of federal district courts.
Individuals facing child pornography charges need aggressive representation by at attorney experienced in defending such accusations and their nuances. Convictions for crimes against children, such as the possession or distribution of child pornography, carry some of the harshest sentences, and state and federal law enforcement agencies are developing new technologies and tactics to crack down on internet sex offenders.
Common sex offenses charged in California and in federal district courts include:
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Computer Sex Crimes
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Possession, Distribution, and/or Receipt of Child Pornography
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Online Solicitation (of Minor) for Sex
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Prostitution & Solicitation of a Minor
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Lewd and Disorderly Conduct (with a minor)
Computer Sex Crimes
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A computer sex crime is any sex offense that is attempted or completed through the use of the internet. Common computer sex crimes include the acquiring, possessing, and distributing child pornography which carry lengthy mandatory minimum sentences of imprisonment and lifetime sexual registration as a sex offender. Computer sex crimes may be prosecuted under state laws and federal law.
The use of the internet to transport a female for purposes of prostitution or illegal sexual activity may be charged as a violation of the Mann Act under federal law.
Prostitution & Solicitation
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Under California law prostitution and solicitation are defined as sexual activity with another person in exchange for monetary compensation. Individuals charged with prostitution are those who offer to sell or sell sex. Individuals charged with solicitation are buyers paying for or attempting to pay for sex.
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In many parts of California, including Los Angeles, prostitution/solicitation charges stem from a “sting” operation where a female police officer poses as a prostitute in order to solicit sexual activity for money.
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The sexual act does not need to have occurred: an attempt to transact for sex completes this crime. A mere agreement to exchange money for sex is sufficient to obtain a conviction.
Rape & Sexual Assault
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Sexual assault is the use of actual or threatened physical force to coerce another person into engaging in unwanted sexual activities. The laws pertaining to sexual assault are severe and convictions can carry serious penalties including long prison sentences as well as the life-time requirement of registration as a sex offender.
Rape statutes in California refer to sexual acts without the consent of the victim and include sexual penetration, oral copulation, and sodomy.
The categories for the crime of Rape are:
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Stranger Rape: forced or non-consensual sexual intercourse in which the accused is an individual unknown to the complainant.
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Acquaintance or Date Rape: non-consensual sexual intercourse with someone known to the accused, often occurring during a date or other social engagement.
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Statutory Rape: sexual intercourse with a person between the ages of 14 and 18 years. Charges of statutory rape can be filed even if intercourse was consensual as minors are incapable of consent under California law.
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Spousal Rape: forced or non-consensual sexual intercourse with a spouse.
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To prove a rape charge (with the exception of statutory rape), the prosecution must establish that the sexual act was performed without the consent of the complainant. Because physical evidence is not required to prove rape, the offense is often a case of "he said, she said" and blurred lines, placing the accused in the position of having to present evidence to refute the accusation.
If you are investigated for a sex crime, or have been contacted by a law enforcement agent regarding allegations of sexual misconduct, you must immediately seek counsel.
Contact the Law Office of Sara Azari for a comprehensive consultation.
Revenge Porn
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California law makes it a crime for a person to engage in “revenge porn.” The “revenge porn” statute requires that the (1) a “victim” initially consents to the recording of sexual images of him/her, (2) s/he has the understanding that the images will remain private, (3) but then the defendant distributes those images without the other person's consent.
Common examples of “revenge porn” include:
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taking naked pictures of a partner, and after a break-up, posting the images on Facebook.
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recording a person having sexual intercourse and then uploading the video on an internet sex site.
Common defenses to “revenge porn” include:
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the distribution was not intentional
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a lack of intent to cause emotional distress, and/or
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the accuser did consent to the distribution
The crime of revenge porn is a misdemeanor punishable by jail for up to six months and/or a maximum fine of $1,000