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 Newport Beach, CA to help you handle these charges.
For Newport Beach, CA, residents in need of defense against sex crime accusations, there's a clear choice of who to turn to: The Law Offices of David S. Chesley. Our attorneys fight for our client's rights. We handle everything from investigation to trial.
We're ready for you 24/7. Call (800) 755-5174 or use our online contact form for a confidential, free case review.
Attorney David S. Chesley, Newport Beach, CA, criminal defense since June 2005, SBN 236611.
Why Newport Beach, CA, Sex Crime Cases Are Different
You need an expert Newport Beach, CA, sex crimes lawyer to help you fight your case and avoid:
- A potentially lengthy prison sentence
- Mandatory or discretionary sex offender registration under Penal Code § 290
- A social stigma that will follow you after release
- Many collateral consequences
- Ongoing governmental supervision
Don't wait while the Newport Beach, CA, district attorney builds a case against you. Call your Newport Beach, CA, sex crimes lawyer and start building your defense now.
What to Do if You Have Been Accused of a Sex Crime in Newport Beach, CA
- Avoid contact with the alleged victim — even to apologize or "explain." That can be charged as witness intimidation or violating a protective order.
- When interviewed, don't answer questions. Say only: "I want to speak with my attorney."
- Decline any search requests if investigators don't have a warrant and if you don't have a defense attorney present.
- Save any evidence. Trying to delete or hide evidence can end up making you look more guilty.
- Tell your Newport Beach, CA, sex crimes defense attorney everything: The more your attorney knows, the better defense they can build.
- Follow every release condition exactly — if you don't, it can make you look guilty in the eyes of the jury.
- Get counselling/mental health support — handling criminal charges is stressful, and it's normal to need some professional help.
Early counsel can sometimes intervene before filing, especially in online sting, statutory, and "he said / she said" investigations.
Get Help With the Following Newport Beach, CA, Sex Crime Charges
Rape and Sexual Assault
Rape and sexual assault are probably the worst types of sex crimes to be charged with in Newport Beach, CA. Rape, in particular, is treated extremely harshly for allegedly using force to coerce someone into sexual intercourse. Sexual assault, meanwhile, is a catch-all term for several violent sex crimes (often including rape and sexual battery).
Spousal rape under former PC § 262 was repealed in 2021. As of January 1, 2026, SB 258 also removed the remaining spouse-capacity carve-out in PC § 261. Rape inside a marriage is charged like rape between any other two people.
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 Newport Beach, CA, child sex crimes lawyer before taking a plea or establishing a defense.
Internet and Digital Sex Crimes
Online and digital sex crimes can be particularly complicated in California. For example, sexting with a minor is illegal, even if the supposed minor turned out to be an adult who was pretending. This is because the relevant statute (PC § 288.2) applies if the alleged offender believed they were talking to a minor, even if that wasn't true. Sexting can also overlap with stalking charges.
Sex Trafficking
Sex trafficking is a subcategory of human trafficking under California law. Human trafficking is defined as depriving someone of their freedom and forcing them into labor — sex trafficking is the informal name for when that labor involves a sexual nature (such as pimping or creating child pornography). In particular, sex trafficking involving children is treated harshly and can result in life imprisonment in some circumstances. Some people may think that trafficking charges only happen (or apply) to immigrants, but the alleged victim can be of any nationality.
Related Charges
In Newport Beach, CA, we also defend indecent exposure (PC § 314), lewd conduct in public (PC § 647(a)), failure to register (PC § 290.018), prostitution and solicitation (PC § 647(b)), loitering with intent to commit prostitution (PC § 653.22), pimping/pandering (PC §§ 266h, 266i), 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.
Charges We Handle
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 best way to beat a criminal charge is to avoid having it filed in the first place. You don't have to wait until you're under arrest to get an attorney — our sex crime defense attorneys can help you the moment police contact you. We will guide you through interviews, negotiate with authorities, and set the ground for a strong legal defense, should it become necessary.
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. Motions can do many things for your case. One of the first motions we often file is a motion for bail reduction. This can help you secure pretrial release. After that, we'll frequently follow with a motion to suppress evidence and/or a motion to dismiss charges.
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 Newport Beach, CA, Sex Crime Lawyer Needs to Have These Qualities
- Knowledge of how to handle the exact charges against you
- Willingness to do pre-charge work, not only arraignment-to-plea
- Honest assessment of registration risk, not just "jail vs. no jail"
- 24/7 availability
- A feeling that you're being treated like a person, not a paycheck
Newport Beach, CA, Sex Crime Penalties: What You're Facing
| 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. . A rape conviction can also carry a separate PC § 264 restitution fine directed to victim assistance programs.
Sex Offender Registry Tiers in California
California uses a three-tier system (SB 384, in effect since 2021):
- Tier 1 — typically for a 10-year term, or 5 years for most juvenile cases. Examples: misdemeanor sex crimes are often Tier 1, notably sexual battery and some child pornography possession.
- Tier 2 — generally 20 years. Examples: many serious/violent registerable felonies that are not automatic lifetime.
- 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.
Rather than automatically being removed after a time period, it's on the individual to request removal after their time is up. Your sex crimes attorney can help you petition for removal from the sex offender registery.
Effective Defenses Versus Sex Crime Charges in Newport Beach, CA
- Consent applies in several sex crime charges, since many are only illegal if a party did not consent
- In some cases, mistakes about the age of the other person can be used as a defense. This is most applicable in statutory or other minor-related cases, and isn't applicable in some others (e.g. forcible sex crimes)
- 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
- Alibi — when you can show that you were not present when the alleged offense was committed, you can convince many people of your innocence
- 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
- Illegally acquired evidence
- Child interviews that were coached or led to a certain end
- Entrapment in cases like prostitution
This isn't just about defense strategies; this is about telling your side of the story in a convincing way, whether it's too a district attorney, a judge, or a jury.
Prior Sex Offense Case Results
- Soliciting a Prostitute (PC § 647(b)) and Loitering with Intent to Commit Prostitution (PC § 653.22) — All Charges Dismissed. This client was accused of soliciting a prostitute who was a police agent working undercover. We evaluated potential entrapment issues and enrolled our client in a diversionary, educational program. The court dismissed the charges, and no lingering public records are available..
- Statutory Rape (PC § 261.5) — Client Avoided Jail and Sex Offender Registration; Dismissal Available After Probation. 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 Before Trial. 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) — We Protected Our Client Against Prison and Sex Offender Classification. Through a defense built around consent, we negotiated a resolution giving the client credit 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) — Charges Dismissed at the Preliminary Hearing. 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.
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 Newport Beach, CA, is evaluated on its own facts, and results depend on the specific evidence and circumstances involved.
Frequently Asked Questions for Sex Crimes in Newport Beach, CA
Do I need a lawyer if I am innocent?
Yes — unfortunately, the police can make mistakes in their investigations and end up charging the wrong person. Your freedom and rights deserve professional protection.
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 California have a law against sexting?
Whether or not sexting breaks California law depends on who was involved and whether consent was obtained. It's illegal when the recipient does not consent, when an image includes a person who did not consent, or if a minor is involved at all.
Will I be put on the sex offender registry if I'm convicted of 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.
Does California require sex offenders to inform their neighbors?
California does not require sex offenders to manually inform their neighbors after moving into a new residence.
Accused of a Sex Crime? Call Now
Working with the right attorney can protect your freedom and defend you against the related social stigma. And you need to get started right away.
The Law Offices of David S. Chesley is ready to take your case. If you need a sex crimes lawyer in Newport Beach, CA, get in touch now at (800) 755-5174 or reach out online to start building your defense.
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