You never thought it would come to this. The accusation may be a misunderstanding, exaggerated, or false. In Fontana, CA, a sex crime allegation can put prison, PC 290 registration, and your reputation at risk before a case is even filed. What you do in the first 48 hours matters.
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 Fontana, 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 send us a note online to speak with a sex crimes lawyer in Fontana, CA, about your charges.
President David S. Chesley, Fontana, CA, criminal defense since June 2005, SBN 236611.
Why Fontana, CA, Sex Crime Cases Are Different
You need an expert Fontana, CA, sex crimes lawyer to help you fight your case and avoid:
- Months or even years behind bars
- Mandatory or discretionary sex offender registration under Penal Code § 290
- Public labelling as a sex offender
- Family, job, and immigration challenges
- A federal firearms ban and, in some cases, passport restrictions
It's never a good idea to try and handle these charges on your own. Without help, you might be digging a hole you can't get out of. A sex crimes lawyer can change that.
You've Been Charged With a Sex Crime in Fontana, CA: These Are Your Next Steps
- Don't talk to the person accusing you — No matter what your intentions are, it's a bad idea. Doing so often just looks like intimidating the alleged victim.
- Do not talk to police, detectives, or campus investigators. Say only: "I want to speak with my attorney."
- Don't share your phone or let investigators access your property if there isn't a warrant for it and without checking with your Fontana, CA, sex crimes lawyer first.
- Preserve everything. Deletion can be a crime in and of itself, and make you look guilty.
- Talk about your case with your sex crimes lawyer in Fontana, CA: Without a full picture, they won't be able to build a complete defense.
- If given bail conditions, take every effort to adhere to them — if you don't, it can make you look guilty.
- Talk to a professional for help handling the stress — handling criminal charges is stressful, and it's normal to need some professional help.
Together with your Fontana, CA, sex charge defense attorney, you can set your case up for a positive outcome.
Sex Crime Charges We Defend in Fontana, CA
Rape and Sexual Assault
Rape and sexual assault are probably the worst types of sex crimes to be charged with in Fontana, CA. Rape, in particular, is treated extremely harshly for allegedly using force to coerce someone into sexual intercourse.
Sexual assault (or sexual abuse) charges are often used as a catch-all that can include rape and other sexual crimes, most notably sexual battery. Sexual battery is defined in its own statute as the touching of another person's intimate parts without their consent, while the alleged victim was restrained. This touching must have been done for sexual purposes.
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. Some child sex crimes don't even have to involve actually abusing a child — California's enticing a minor statute makes it a crime just to try and presuade a child into engaging in sexual conduct, whether or not they actually do.
Statutory Rape
In California court, statutory rape is often referred to as "unlawful sexual intercourse with a minor." These allegations state that a person had sex with someone under the age of 18. This technically makes it illegal for two minors to have sex with each other, but most of the time, these allegations are used in cases where an adult supposedly had sex with a minor. Common defenses include demonstrating an honest belief that the adult believed the minor was over the age of 18 or that sexual intercourse did not occur (though the latter defense can still result in other child sex crime charges). Talk with your Fontana, CA, child sex crimes lawyer before taking a plea or establishing a defense.
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.
Deepfake Sexual Content
Deepfake sexual content can lead to serious criminal charges. California law has made it illegal to share photorealistic, intimate images of an identifiable person, even if they are artificial or AI-generated. A first conviction is a misdemeanor with a maximum penalty of six months in jail and a $1,000 fine, while repeat convictions can be punished with up to one year in jail and a $2,000 fine.
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 Fontana, CA, sex crimes lawyer can help you find a positive outcome.
Related Charges
In Fontana, 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.
Accused of a Below Sex Crime? Call Us Today
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
Step-by-Step Guidance From an Experienced Fontana, CA, Sex Crimes Attorney
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 under Penal Code § 1538.5, challenges to statements (Miranda / voluntariness), evidentiary fights under Evidence Code §§ 782, 1108, and 1101 (prior sexual conduct of the complaining witness, propensity evidence in sex offense cases, and character evidence generally), and motions to dismiss weak or overcharged counts.
Negotiation. Many criminal charges in Fontana, CA, end in plea deals. With relationships in courts across California, the Law Offices of David S. Chesley are ready to negotiate on your behalf.
Trial and sentencing. Some lawyers won't want to take cases to trial. At the Law Offices of David S. Chesley, we're prepared to present your defense in front of a judge and jury.
Looking for a Sex Crimes Lawyer in Fontana, CA? Don't Overlook These Factors
- Previous experience defending clients against similar or the same charges
- Dedication to Connections with prosecutors and judges in Fontana
- Honest assessment of registration risk, not just "jail vs. no jail"
- Easy to contact and get updates on your case
- A feeling that you're being treated like a person, not a paycheck
Legal Punishments for Sex Crime Convictions in Fontana, CA
| 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 |
Enhancements (great bodily injury, weapon use, multiple victims, age of the complaining witness, prior strikes) change these numbers. Talk to a sex crimes lawyer about what your exposure actually is. A rape conviction can also carry a separate PC § 264 restitution fine directed to victim assistance programs.
Sex Offender Registry Tiers in California
If convicted, many sex crimes require you to register at one of the three below tiers:
- Tier 1 — typically for a 10-year term, or 5 years for most juvenile cases. Examples: most misdemeanor sex offenses fall into this tier, and some non-violent felony offenses.
- Tier 2 — 20 years for adults, but 10 years for some juveniles. Examples: incest, some rape cases, and penetration with a foreign object.
- Tier 3 — lifetime for the most serious offenses (e.g., forcible rape, many child-victim force cases, many felony child pornography convictions) and certain repeat or high-risk designations.
On top of the lengthy time periods of registration, failure to register is an offense in and of itself. While on the registry, you can be facing challenges finding a house or job, restrictions on where you are able to travel, and a devastating social stigma. Your sex crimes lawyer can help you petition for removal once you're eligible for relief.
Defense Strategies Your Fontana, CA, Sex Crimes Lawyer May Use
- Consent (where the statute allows it — not for children below the age of consent)
- Reasonable, good-faith mistake as to the accuser's age (the "Hernandez defense," CALCRIM No. 1071) — available for statutory rape under PC § 261.5, but not available for lewd acts with a child under 14 (PC § 288) or for human trafficking (PC § 236.1), where a defendant's belief about age is not a defense as a matter of law
- False or motivated accusation False accusations — sometimes, it can be just as important to show why the person is making the accusation as it is to show your innocence. If an ulterior motive is revealed, this can be a powerful part of a defense startegy
- Misidentification — unfortunately, misidentification can result in false accusations, even if the alleged victim is not acting maliciously
- Failure of the prosecution to prove the charges against you — when the prosecution fails to prove your guilt beyond a reasonable doubt, your attorney can use that to sway the jury
- Violation of your rights
- Unreliable child forensic interviews
- Entrapment in cases like prostitution
- Charges were filed outside of the statute of limitations
When you have the right defense strategy and the right defense attorney on your side, you're maximizing your chances of a positive outcome.
Recent Sex Offense Case Results
- Soliciting a Prostitute (PC § 647(b)) and Loitering with Intent to Commit Prostitution (PC § 653.22) — All Charges Dismissed. Our client was accused of soliciting a prostitute who was actually a police officer. We negotiated a diversionary program and the dismissal of all charges.
- Statutory Rape (PC § 261.5) — Avoided Jail and Sex Offender Registration; Charges to be Dismissed. Our client was accused of statutory rape, a wobbler offense that could have resulted in incarceration, followed by a lifetime on the sex offender registry. Through skillful negotiation, we secured a deal that avoided prison, avoided the sex offender registry, and presented the possibility of all changes of being dismissed, after a probation period..
- Rape (PC § 261) — Facing 25 Years to Life, All Charges Dismissed at Preliminary Hearing. When our client was wrongly accused of participating in an assault, we presented a defense showing their lack of participation. Our client's privacy is protected, as there is no public record of the case available.
- Kidnapping (PC § 207) and Unlawful Sexual Intercourse with a Minor (PC § 261.5) — Our Defense Protected Our Client From 6 Years in Prison and Sex Offender Registration. Through a defense built around 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) — Defense Secured Dismissal of Charges, Avoiding Prison and Sex Offender Registration. Our client was being held without bail and could have been sent to prison for life, if convicted. 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. Our client's reputation is also protected, as there are no public records of this case.
While past cases can help inform you on a firm's abilities, they do not necessarily represent results for a future case. Every case in Fontana, CA, is evaluated on its own facts, and results depend on the specific evidence and circumstances involved.
Common Questions for Sex Crime Charges in Fontana, CA
If I didn't do it, should I still contact a sex crimes lawyer?
Absolutely — with an attorney on your side, you can ensure that the state listens to your side of the story, and challenge any misconceptions about the evidence.
Is there a risk of deportation if I'm convicted?
It depends on the specific crime, but several sex crime convictions can be used as the basis for deportation.
Does California's sex offender registry include statutory rape?
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.
When should I contact an attorney?
As soon as you are aware of an accusation, you should contact a lawyer (even if charges haven't been filed yet). Early intervention is key in protecting your rights and setting up your case for success.
The Law Offices of David S. Chesley Is Ready to Defend Your Sex Crimes Case
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.
We are here to help — call (800) 755-5174 or contact us online for a free, confidential consultation.
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