You need a sex crimes lawyer in Chula Vista, CA. Maybe it was a rough breakup that led to a false accusation. Maybe it was a misunderstanding that's being blown out of proportion. Or maybe you made a mistake and are looking for a way forward.
You need The Law Offices of David S. Chesley. Our criminal defense attorneys have over 50 years of combined courtroom experience and know how to defend against sex crimes in Chula Vista, CA. Our goal is to find the best outcome for you, whatever that looks like for your situation.
Don't give up before speaking to one of our attorneys. Call (800) 755-5174 or contact us online to talk to a sex crimes lawyer in Chula Vista, CA.
Attorney David S. Chesley, Chula Vista, CA, criminal defense since June 2005, SBN 236611.
The Realities of a Chula Vista, CA, Sex Crime Charge
Sex crime charges are serious. They go beyond the typical consequences of a conviction:
- A potentially lengthy prison sentence
- Years (or even a lifetime) on the sex offender registry
- A social stigma that will follow you after release
- The potential loss of child custody
- Extensive fines and restitution requirements
Trying to "clear it up" with police, the accuser, or a school or Title IX office almost always makes the file worse. Get help from someone who will protect your rights.
You've Been Charged With a Sex Crime in Chula Vista, CA: These Are Your Next Steps
- Do not contact the accuser — for any reason whatsoever. Doing so often just looks like intimidating the alleged victim.
- When interviewed, don't answer questions. Plead the Fifth Amendment and politely ask to speak with your lawyer.
- Don't give permission to search your property if investigators don't have a warrant and without counsel.
- Preserve everything. Don't delete anything, as this can be twisted as hiding evidence.
- Talk about your case with your sex crimes lawyer in Chula Vista, CA: Without a full picture, they won't be able to build a complete defense.
- Obey all conditions of release — you can face serious penalties for breaking these.
- Get support outside the case — a counselor or one trusted person who will not post about it.
No matter what else you do, the most important thing you need to do is get help from an expert Chula Vista, CA, sex crimes defense lawyer right away. .
Get Help With the Following Chula Vista, CA, Sex Crime Charges
Rape and Sexual Assault
It's hard to think of a crime that is publicly regarded as worse than rape in Chula Vista, CA. A conviction means up to 8 years in prison, as well as sex offender registration. Sexual assault, meanwhile, is a catch-all term for several violent sex crimes (often including rape and sexual battery).
In the past, California has separate laws for rape between spouses versus general rape. However, this was repealed and does not apply today.
Child Sex Crimes
In California, child molestation is not covered by a single law, but is a category for acts such as lewd acts with a child and the sexual abuse of a child. California does not have a Romeo and Juliet law, so it's illegal for an adult to have sex with a minor even if they are close in age.
Statutory Rape
Not every statutory rape charge is the same, but all of them are serious. If the alleged victim was within 3 years of the alleged offender's age, it is a misdemeanor. Anything beyond that, and the prosecution has discretion to charge the crime as a felony. Additionally, there can be enhanced penalties if the alleged offender is over the age of 21 and the alleged victim is under the age of 16.
Online and Digital Sex Crimes
Internet sex crimes vary widely in nature. Some overlap with child sex crimes (the possession, production, or distribution of child pornography, for example), while others are crimes even if the conduct only involved adults (posting of revenge porn, for example). Defenses often hinge on whether or not the alleged offender was the one to break the law, or if another person was using their computer/profile.
Prostitution and Related Offenses
Prostitution is illegal in much of the United States ostensibly for moral reasons. In California, prostitution-related crimes include the act of prostitution itself, soliciting a prostitute, and pimping/pandering (AKA helping someone else break a prostitution law for a profit). What this ultimately means is that involvement with prostitution can lead to criminal charges from any angle, even if it was a sting operation. Don't take these charges lightly — your Chula Vista, CA, sex crimes lawyer can help you find a positive outcome.
Related Charges
In Chula Vista, CA, we also defend indecent exposure (PC § 314), lewd conduct in public (PC § 647(a)), failure to register (PC § 290.018), human trafficking (PC § 236.1), incest (PC § 285), aggravated sexual assault of a child (PC § 269), and assault with intent to commit a sex offense (PC § 220). Those pages are linked from the list below.
The Law Offices of David S. Chesley Defends Each of the Following
Aggravated Sexual Assault of a Child · AI-Generated / Deepfake Sexual Content · Annoying or Molesting a Child · Arranging a Meeting With a Minor · Assault with Intent to Commit a Sex Offense · Child Molestation (PC 288) · Child Pornography · Enticing a Minor · Failure to Register · Human Trafficking (Sex Trafficking) · Incest · Indecent Exposure · Lewd Acts · Lewd Conduct in Public · Loitering to Commit Prostitution · Oral Copulation by Force · Oral Copulation or Sodomy With a Minor · Penetration by Force · Pimping and Pandering · Prostitution / Solicitation · Rape · Revenge Porn · Sex With a Minor / Statutory Rape · Sexting Involving Minors · Sexual Abuse · Sexual Assault · Sexual Battery · Sodomy by Force
How Your Chula Vista, CA, Sex Crimes Lawyer Can Help
Pre-filing and investigation. The fight for your freedom doesn't begin when charges are filed — it begins as soon as the authorities start to look at you. These early days are crucial for setting your case up for success — having an expert sex crimes lawyer can help you preserve exculpatory evidence and maybe even negate charges from being filed in the first place.
Discovery and forensics. We don't just let the district attorney build a case against you — we reexamine any evidence and look for inconsistencies or other weaknesses. We can also reach out to expert witnesses and forensic labs to review everything and look for alternatives to the state's narrative.
Motions. Suppression. If we find that any of the state's evidence was wrongfully obtained, we will file a motion to suppress it, removing it from the case against you. And if their case is sufficiently weakened, we'll follow up with a motion to dismiss the charges against you.
Negotiation. Since prosecutors have large caseloads, they often prefer to settle through a plea deal rather than go to trial. The right sex charges defense attorney can leverage this to their advantage and find a good deal that protects your record.
Trial and sentencing. Not every case can be handled through negotiations. When talks break down, we use our defensive strategy to persuade the jury. And if the outcome is guilty on any charge, we'll advocate for you in sentencing.
What to Look for in Your Chula Vista, CA Sex Crimes Lawyer
- Previous experience defending clients against similar or the same charges
- Willingness to do pre-charge work, not only arraignment-to-plea
- A defense strategy that you can understand
- A positive reputation with former clients
- A record of results in Chula Vista, CA, courts — not just a list of charges
Penalties (General Statutory Ranges)
| Charge | Statute | Level | Typical Custody Range |
|---|---|---|---|
| Rape | PC § 261 | Felony | 3, 6, or 8 years state prison; fine up to $10,000 |
| Statutory Rape | PC § 261.5 | Misd. or wobbler | Up to 1 year jail, or 16 months–4 years (facts-dependent) |
| Sexual Battery | PC § 243.4 | Misd. or felony | Up to 6 months jail, or 2, 3, or 4 years prison |
| Lewd Act With a Child Under 14 | PC § 288(a) | Felony | 3, 6, or 8 years (higher if force or younger child) |
| Arranging a Meeting With a Minor | PC § 288.4 | Wobbler | Up to 1 year jail, or 2, 3, or 4 years prison |
| Indecent Exposure | PC § 314 | Misd. or felony | Up to 1 year, or 16 months–3 years |
| Child Pornography Possession | PC § 311.11 | Wobbler / felony | Jail, or 16 months–3+ years; registration often Tier 3 if felony |
| Prostitution / Solicitation | PC § 647(b) | Misdemeanor | Up to 6 months jail; fine up to $1,000 |
While the majority of sex crime cases may follow these guidelines, sentencing enhancements can greatly alter the end punishment. Your case needs to be evaluated for its unique qualities. But a conviction won't just lead to incarceration; it can also put you on the sex offender registry.
California's Three-Tier Sex Offender Registry System
If convicted, many sex crimes require you to register at one of the three below tiers:
- Tier 1 — normally a 10-year period on the registry. 5 years in some juvenile cases. Examples: indecent exposure (misdemeanor) and sexual battery (misdemeanor).
- Tier 2 — generally 20 years. Examples: lewd acts with a minor under 14 and some sodomy cases.
- Tier 3 — lifetime for the most serious offenses (e.g., most rape offenses, aiding a rape attempt, pimping a minor) and certain repeat or high-risk designations.
After the minimum period, Tier 1 and Tier 2 registrants may petition for termination under PC § 290.5 if they meet the statutory criteria. Tier 3 is different — relief, if any, is narrower. Failure to register is its own crime. Your Chula Vista, CA, sex crimes lawyer should treat registry exposure as a charging and plea issue from day one, not an afterthought at sentencing.
Defense Strategies Against Chula Vista, CA, Sex Crimes Charges
- Consent can be a powerful defense and/or mitigating factor — so long as the alleged victim had the capacity to give it
- False or motivated accusation False accusations — some people use false sexual assault or rape allegations as a way to hurt another person or gain leverage in a custody battle
- Alibi — one of the strongest defenses against a sex crime accusation is to prove you were elsewhere at the time
- Insufficient proof of a required element (intent, force, "lewd purpose," knowledge of age, possession vs. unsolicited file)
- Violation of your rights
- Entrapment or lack of intent in sting cases
- Statute of limitations or charging defects
Picking the right defense strategy is important, but it's not everything. You also need a persuasive Chula Vista, CA, sex crimes lawyer to present it.
Recent Sex Offense Case Results
- Soliciting a Prostitute (PC § 647(b)) and Loitering with Intent to Commit Prostitution (PC § 653.22) — All Charges Dismissed. The client was accused of offering money for sex to an undercover officer in a "fake prostitute" sting — a common tactic that can raise entrapment issues. We enrolled the client in an educational diversion program, and upon proof of successful completion, the court dismissed all charges. No public record of the case remains.
- Statutory Rape (PC § 261.5) — Protected Client From Jail, Sex Offender Registry, and Record. When our client was accused of statutory rape, we leveraged our defense to negotiate a probation sentence which, if completed, will allow for the dismissal of all charges, no prison time, and keep our client off of the California sex offender registry.
- Rape (PC § 261) — Facing 25 Years to Life, All Charges Dismissed at Preliminary Hearing. Our client came to us after being accused of rape. They were present at an event where two other individuals (charged separately) had assaulted a woman, but our client took no part in it. We presented our defense in the preliminary hearing and the case was dismissed. No public record of the case remains.
- Kidnapping (PC § 207) and Unlawful Sexual Intercourse with a Minor (PC § 261.5) — Facing 6 Years State Prison, No Jail Time, No Sex Offender Registration. By evaluating the evidence and presenting a narrative of consent, our lawyers secured a deal that released our client, crediting them for time served, avoiding a felony strike and sex offender registration.
- Child Molestation (PC § 288) and Sodomy with a Child Under 10 (PC § 288.7) — All Charges Dismissed, No Sex Offender Registration. A conviction of these charges would have sent our client to prison for life, along with permanent sex offender registration. We looked into the evidence, and found that the claims were false. At the preliminary hearing, the judge believed our story and dismissed the charges. No public record of the case remains.
Past results do not guarantee or predict a similar outcome in any future case. If you have questions about realistic outcomes for your case, talk to one of our Chula Vista, CA, sex crime lawyers today.
Common Questions for Sex Crime Charges in Chula Vista, CA
Can a sex crimes lawyer still help if the accusations aren't true?
Yes. Innocence does not stop an investigation, an arrest, or a filing decision. Counsel is how your evidence gets into the file and how illegal searches and bad interviews get challenged.
Would a conviction of a sex crime affect my immigration status?
To protect your immigration status, you need to take these charges seriously. A conviction can be considered an aggravated felony or crime of moral turpitude, depending on the statute.
Does statutory rape require registration now?
The specifics of statutory rape and the sex offender registry depends on the ages of those involved, when the alleged offense occurred, and the court's discretion. Contact an attorney prior to accepting any deal that includes sex offender registration.
If I'm on the sex offender registry, what rules do I have to follow?
The main rule is to register with law enforcement and provide regular updates. In certain cases, additional restrictions (such as regarding career and housing) can also apply.
Do You Need a Sex Crimes Lawyer in Chula Vista, CA? Call David Chesley
Don't try to handle this yourself and end up digging a hole you can't get out of. With the right defense and the right lawyer presenting it, you'll maximize your chances of a positive outcome.
The Law Offices of David S. Chesley is ready to take your case. If you need a sex crimes lawyer in Chula Vista, CA, call us right away at (800) 755-5174 or reach out online to start building your defense.
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