Some court cases, like traffic tickets, generally don't have major long-term impacts. You can contest it or pay the fine, then move on. Not so with sex crime cases. For those, you could be facing years in prison, massive fines, and sex offender registration. You need a sex crimes lawyer in Mission Viejo, CA to help you handle these charges.
The Law Offices of David S. Chesley defends people accused of sex crimes in Mission Viejo, CA — with offices across Southern California (Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura counties) as well as Central and Northern California (Kern, Santa Barbara, Santa Clara, Fresno, Tulare, San Luis Obispo, Sacramento, Sonoma, Alameda, San Joaquin, and San Francisco counties, and beyond). We handle everything from investigation to trial.
We give you someone you can count on. Call (800) 755-5174 or contact us online to set up a no-strings-attached review of your charges.
Attorney David S. Chesley, Mission Viejo, CA, criminal defense since June 2005, SBN 236611.
Why Mission Viejo, CA, Sex Crime Cases Are Different
Sex crime charges are serious. They go beyond the typical consequences of a conviction:
- Months or even years behind bars
- Years (or even a lifetime) on the sex offender registry
- Public labelling as a sex offender
- Many collateral consequences
- Ongoing governmental supervision
It's never a good idea to try and handle your defense without support. Without help, you might be digging a hole you can't get out of. A sex crimes lawyer can change that.
How to Handle Mission Viejo, CA, Sex Crime Accusations
- Don't talk to the person accusing you — Any contact, for whatever reason, is not a good idea. This can hurt your case in the long run.
- When interviewed, don't answer questions. Say only: "I want to speak with my attorney."
- Don't give permission to search your property if investigators don't have a warrant and if you haven't had a chance to check with your Mission Viejo, CA sex charges attorney.
- Gather any evidence you can find. Trying to delete or hide evidence can end up making you look more guilty.
- Talk about your case with your sex crimes lawyer in Mission Viejo, CA: dates, locations, witnesses, alcohol, prior relationship, and who else had a motive.
- If given bail conditions, take every effort to adhere to them — failing to do so can send you to jail.
- Talk to a professional for help handling the stress — handling criminal charges is stressful, and it's normal to need some professional help.
On your own, it can be hard to stay on top of everything. But with a leading Mission Viejo, CA, sex crimes lawyer, you have an advantage inside and outside of court.
Sex Crime Charges We Defend in Mission Viejo, CA
Rape and Sexual Assault
Rape is charged under Penal Code § 261. In Mission Viejo, CA, it is a felony with a triad of 3, 6, or 8 years in state prison in a typical case, plus fines and usually Tier 3 lifetime registration. "Sexual assault" is not one statute — it often means rape, sexual battery (PC § 243.4), nonconsensual oral copulation (PC § 287), sodomy (PC § 286), or penetration with a foreign object (PC § 289).
California used to have a separate law regarding spousal rape, but this was repealed in 2021.
Child Sex Crimes
Child sex crimes are some of the most harshly viewed accusations in Mission Viejo, CA, making it essential to work with an experienced sex crimes lawyer to fight them. 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
Whether or not a minor agreed to have sex with an adult, the adult can be convicted of statutory rape (AKA unlawful sexual intercourse with a minor). This charge can be either a misdemeanor or a felony, depending on the circumstances and prosecutorial discretion. But a prison sentence isn't the only concern: You can also be forced to register as a sex offender, particularly if the alleged offense occurred after December 31st, 2025.
Online and Digital Sex Crimes
These include child sexual abuse material (PC §§ 311–311.11), sending harmful matter to a minor (PC § 288.2), sexting involving a minor, and sting cases built on chats with an officer posing as a minor. Adult "revenge porn" is a separate offense under PC § 647(j)(4) and related statutes. Digital forensics — who had the device, hash values, unallocated space, account takeover, and intent — often decide the case.
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 Mission Viejo, CA, sex crimes lawyer can help you find a positive outcome.
Related Charges
In Mission Viejo, 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 We Defend the Case
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 obtain police reports, body-cam footage, SART/rape-kit notes, pretext-call recordings, phones, cloud accounts, and expert review of DNA, toxicology, and digital media. Many cases turn on delayed disclosure, inconsistent statements, suggestive interviewing of children, or missing intent.
Motions. Suppression. The right motions can set your case up for success. In addition to motions we commonly file (like suppression and dismissal), in sex crime cases we often file a motion to suppress identification. Unfortunately, misidentification can occur more often than it should in criminal cases, and sex crimes are no exception.
Negotiation. A sex crime charge defense isn't just about avoiding incarceration; it's about staying off of the sex offender registry. A plea deal can be a compromise that protects your reputation.
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.
Your Mission Viejo, CA, Sex Crime Lawyer Needs to Have These Qualities
- Experience with your case type
- Relationships in Mission Viejo, CA, courts
- Honest assessment of registration risk, not just "jail vs. no jail"
- Easy to contact and get updates on your case
- Confidence and honesty when planning your defense
Mission Viejo, CA, Sex Crime Penalties
| 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 these numbers represent typical, general ranges, they can be altered by enhancing factors. Every case is individual. If convicted of rape, you may also be required to pay a fine.
Sex Offender Registry Tiers in California
California maintains a public sex offender registry. The length of time a person is required to be on the registry depends on the specific offense:
- Tier 1 — generally 10 years (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 Mission Viejo, 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 Mission Viejo, 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
- Honest misunderstandings regarding the age of the alleged victim. If they lied about their age, that may be enough to prove a lack of intent
- False or motivated accusation (custody, immigration, breakup, school discipline)
- Misidentification — unfortunately, misidentification can result in false accusations, even if the alleged victim is not acting maliciously
- Lack of evidence — ultimately, it's on the prosecution to prove you are guilty beyond a reasonable doubt. If they fail to do so, we will highlight that
- Evidence obtained in a way that violated your rights
- Entrapment in cases like prostitution
- Statute of limitations or charging defects
Picking the right defense strategy is important, but it's not everything. You also need a persuasive Mission Viejo, CA, sex crimes lawyer to present it.
Past 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) — No Jail Time, No Sex Offender Registration, Dismissed Upon Completion of Probation. 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) — Felony Accusation, All Charges Dismissed Before Trial. 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. 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) — Successful Consent Based Defense Protect Our Client From Prison. Through a defense built around consent, we negotiated a resolution giving the client credit for time served, with no strike and no 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 examined the prosecution's evidence and were able to demonstrate to the court that the accusation was false, securing a dismissal. No public record of the case remains.
The above cases are selected as a representation of the Law Offices of David S. Chesley's results — they do not guarantee a specific outcome in a given case. Your Mission Viejo, CA, sex crimes lawyer can help you figure out the best approach to your case, and help you understand realistic outcomes.
Frequently Asked Questions for Sex Accusations in Mission Viejo, CA
Do I need a lawyer if I am innocent?
It's critical to work with an attorney, whether or not the accusation has any merit. It's easy for mistakes to be misconstrued, and your lawyer can help you present your side of the story.
Will a sex crime in Mission Viejo, CA, affect immigration status?
Convictions of sex crimes can be harmful to your immigration status, and potentially lead to deportation. Talk to a sex crimes defense lawyer who can also act as your immigration attorney and help you protect your status.
Can a sex offender get off the registry in Mission Viejo, CA?
Whether or not you can get off California's sex offender registry depends on what tier you were applied to it on. Tier 3 offenses generally do not allow the possibility for removal, while lower tiers do.
Does statutory rape require registration now?
California updated its sex offender registration requirements for statutory rape effective January 1st, 2026. This mandates Tier 1 registration for most statutory rape convicts, unless the age gap was more than 10 years. Talk to your sex crimes lawyer before accepting any plea.
Do sex offenders have to notify neighbors in California?
While sex offenders are not required to personally inform new neighbors after moving into a location, their registration is public knowledge and can be looked up online.
The Law Offices of David S. Chesley Is Ready to Defend Your Sex Crimes Case
We won't sugarcoat it: These charges are a big deal, and you need someone who knows how to fight for your rights.
Get help now — call us at (800) 755-5174 or send us a note online to talk with your Mission Viejo, CA, sex crimes lawyer.
Payment Plans
