Seek Legal Advice For Sexual Assult
Sexual assault is a serious matter in California and could pose heavy penalties. In California, oral copulation is defined as contact—no matter how slight—between one person’s mouth and another person’s sexual organs or anus. Under California Penal Code 287(2)(A), oral copulation is sexual assault if it is committed through the use of force, violence, or duress or if it is committed against a person who cannot consent.
If you or someone you know has been accused of oral copulation or any sex crime in Ventura, California, it is important to contact a qualified Ventura oral copulation lawyer as soon as possible. The penalties for sexual assault, including child pornography, child molestation, and oral copulation, are very serious and can include jail time, probation, and a lifetime registration as a sex offender.
Trusted Ventura Oral Copulation Defense Lawyer
Penalties for oral copulation or any lewd act in Ventura can range from a misdemeanor charge, which is punishable by up to a year in jail, to a felony charge, which is punishable by up to eight years in prison. If you’re convicted of a felony, you’ll also have to register as a sex offender. A Ventura oral copulation lawyer can help you fight the charges against you and avoid the harsh penalties that come with a conviction.
Talk to a criminal defense attorney from Ventura, CA law firm, Strongest Defense, who can help you face the charges against you. Going through the criminal law process alone can be daunting, and you need a lawyer who can explain your rights and lead you toward the right course of action for your case. Get in touch with a Ventura CA oral copulation defense lawyer right now.
Why do I need a Ventura Oral Copulation Attorney?
At the Law Office of David Lehr, our California sexual assault defense lawyer has the knowledge, skills, and legal experience to defend clients facing unlawful oral copulation or lewd acts charges under California PC 287. If you or your loved one was arrested for sex crimes, call our Ventura law office now to set up a free, private initial consultation.
Apart from these, a lawyer from Strongest Defense can also:
- Provide 24/7/365 phone assistance for your case
- Grant you access to the firm’s database to review your case properly
- Respond to each message before the day ends
- Keep contact with clients to assist them in completing probation
Dealing with criminal charges for sexual abuse can amount to serious consequences if dealt with poorly. At Strongest Defense, the attorney understands how frightening it can be to be accused of a crime and will aggressively defend your rights. The criminal defense lawyer will work tirelessly to get you the best possible outcome in your sexual abuse case. Schedule an appointment right now.
What Is Oral Copulation?
Oral copulation is defined as any contact between the mouth of one person and the sexual organs or anus of another person. It’s considered a form of sexual assault, and the penalties can be very severe. If you’re convicted, you could face prison time, a fine, or both.
If you have been accused of oral copulation, it is important to contact an experienced Ventura oral copulation defense lawyer who can help you understand your rights and options.
What Is Oral Copulation Under California Law?
Most oral copulation charges fall under California Penal Code 287. Here are some of the most important things you need to know about this section of California’s sex crimes law:
- Oral copulation can occur in either direction—a perpetrator may make mouth-to-genital contact with the victim or force the victim to use their mouth.
- When oral copulation is committed by “force, violence, duress, menace, or fear,” it is a felony offense in California.
- A conviction on felony sex crimes charges under PC 287 carries between three and eight years in state prison and a maximum $10,000 fine.
- A person convicted of sexual assault via oral copulation may be required to register as a sexual offender for the rest of their life.
- Under California 288a(b), oral sex with a minor can be charged as a statutory rape offense.
Sex crime cases committed via oral copulation is a very serious criminal offenses. A conviction could result in significant jail time and even a lifetime sex offender registration. You do not have to go up against state prosecutors alone. If you or your loved one is facing sex crimes allegations, contact Ventura County sexual battery defense lawyer David Lehr for immediate help with your case.
What Are the Defenses for Oral Copulation Charges?
Not all sexual abuse allegations are legitimate. Every defendant is presumed innocent until proven guilty. You have every right to defend yourself. Some of the most common legal defenses raised against oral copulation sexual assault charges include:
- Consent: Unless charged with a statutory rape offense, oral copulation charges can be defended on the grounds that consent was given.
- Mistaken Identity: If you were wrongly identified as the perpetrator by the victim or a third-party witness, you could raise a defense on those grounds.
- False Allegations: The burden of proof is on the prosecution. False or unsubstantiated oral copulation sexual battery charges should be dismissed.
If you or a loved one is facing oral-based sexual assault charges, we are here to listen to your story and help protect your rights. Give us a call today to arrange a no-cost, no-obligation consultation with an experienced attorney.
What Counts as Oral Copulation?
Oral copulation is punishable by three, six, or eight years in state prison if the victim is unaware of the nature of the act and the perpetrator is aware of it. In this subdivision, “unconscious of the nature of the act” refers to the victim’s inability to resist if one of the following conditions is met:
- The victim was asleep or unconscious during the time of the assault
- I was unaware that the action was taking place
- Was unaware of, aware of, perceiving, or cognizant of the essential characteristics of the act as a result of the fraud committed by the offender.
- The victim was unaware or aware of the act resulting in the perpetrator’s claim that it served a purpose when it did not.
If the victim is unable to give legal consent at the time of the act due to a mental disorder, developmental disability, or other physical or mental impairment, any person who commits an act of oral copulation is subject to a three-, six-, or eight-year sentence in state prison, unless otherwise specified in the subdivision.
Even if the Lanterman-Petris-Short Acts contains a conservatorship, the prosecuting attorney must demonstrate, as part of the crime, that the alleged victim was unable to consent due to a mental illness, physical disability, or developmental delay.
Call our Ventura CA Oral Copulation Defense Attorney Now!
Sexual assault charges often result in serious penalties such as hefty fines, probation, and sex offender registry. These can severely hurt your chances of living a normal life, and even if you are facing these charges, know that you still deserve a fair shot at explaining and defending yourself in court. An experienced Ventura CA oral copulation defense attorney from Strongest Defense is your best ally.
At Strongest Defense, our California sex crimes defense attorney provides aggressive, effective legal representation to individuals facing misdemeanor and felony charges, including oral copulation charges. With an office in Ventura, we serve defendants throughout the entire region, including in Oxnard, Camarillo, Thousand Oaks, and Simi Valley. The content on this page is for informational purposes, and no attorney/client relationship has been established.
