You need a sex crimes lawyer in San Bernardino, 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 San Bernardino, CA. When you call us, you're getting a team that's ready to help, whatever you need.
We will fight for you. Call (800) 755-5174 or send us a note online to talk to a sex crimes lawyer in San Bernardino, CA.
Attorney David S. Chesley, San Bernardino, CA, criminal defense since June 2005, SBN 236611.
The Realities of a San Bernardino, CA, Sex Crime Charge
You need an expert San Bernardino, CA, sex crimes lawyer to help you fight your case and avoid:
- Incarceration
- Registration as a sex offender
- Public Megan's Law listing in many cases
- 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.
Arrested for a Sex Crime in San Bernardino, CA? Take These Steps Now
- Do not contact the accuser — for any reason whatsoever. That can be charged as witness intimidation or violating a protective order.
- Don't speak without an attorney present. Respectfully request to speak with your attorney.
- Do not consent to a phone or home search without a warrant and without counsel.
- Protect evidence that you have access to. Trying to delete or hide evidence can end up making you look more guilty.
- Write a private timeline for your lawyer only: Without a full picture, they won't be able to build a complete defense.
- Follow every release condition exactly — breaking these can hurt your case.
- Get help handling the pressure — 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 San Bernardino, CA, sex crimes defense lawyer right away. They can help guide you through the rest..
The Law Offices of David S. Chesley Defends All of the Below Sex Crime Charges in San Bernardino, CA
Rape and Sexual Assault
Rape and sexual assault are probably the worst types of sex crimes to be charged with in San Bernardino, 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.
California used to have a separate law regarding spousal rape, but this was repealed in 2021.
Child Sex Crimes
There are a wide range of potential child sex crime accusations in California, including lewd acts with a child, sexual abuse, and possession of child pornography. 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 San Bernardino, CA, child sex crimes lawyer before taking a plea or establishing a defense.
Online and Digital Sex Crimes
Internet sex crimes are unique in that they don't always involve a direct action being taken against the victim. For example, possession of child pornography is a crime whether or not you were the one to produce it. Possession can be charged as either a misdemeanor or a felony, while distribution or production is always a felony.
AI-Generated and Deepfake Sexual Content
California law is rapidly evolving to address AI-generated sexual content. Effective January 1, 2025, AB 1831 and SB 1381 expanded Penal Code §§ 311, 311.2, 311.11, and 311.12 to criminalize the creation, distribution, and possession of AI-generated or digitally altered child sexual abuse material — now, you can face the same penalties for AI-generated child porn as with actual child porn. Separately, SB 926 extended California's revenge-porn law (PC § 647(j)(4)) to cover non-consensual, AI-generated sexually explicit images of adults that appear authentic. These are new, fast-evolving statutes, and you need a sex crimes lawyer in San Bernardino, CA, who is an expert on AI functionality to defend you.
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 San Bernardino, 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.
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
San Bernardino, CA, Sex Crimes Lawyer Guidance at Every Stage of Your 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 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 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. 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 plea deal offered is acceptable. If we can't find an option that works for you, we're prepared to fight in court for your freedom. Even if the outcome at trial isn't what you were hoping for, we'll advocate for lenient sentencing.
Top 5 San Bernardino, CA, Sex Crimes Lawyer Qualitities
- Previous experience defending clients against similar or the same charges
- Relationships in San Bernardino, CA, courts
- Ideas for how to approach defense in your case
- Easy to contact and get updates on your case
- Confidence and honesty when planning your defense
San Bernardino, 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 the majority of sex crime cases may follow these guidelines, sentencing enhancements can greatly alter the end punishment. . If convicted of rape, you may also be required to pay a fine.
Sex Offender Registry Tiers in California
Not every sex crime in California requires a person to register as a sex offender (prostitution, for example, normally does not). When it is required, though, it typically falls into one of the below three categories:
- Tier 1 — normally a 10-year period on the registry. 5 years in some 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: lewd acts with a minor under 14 and some sodomy cases.
- Tier 3 — lifetime for the most serious offenses (e.g., sex trafficking of a child, sodomy by force, forcible rape) 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 San Bernardino, CA, sex crimes lawyer should treat registry exposure as a charging and plea issue from day one, not an afterthought at sentencing.
Defense Strategies Your San Bernardino, CA, Sex Crimes Lawyer May Use
- Consent (where the statute allows it — not for children below the age of consent)
- 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 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
- Misidentification — unfortunately, misidentification can result in false accusations, even if the alleged victim is not acting maliciously
- Insufficient proof of a required element — 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
- Unlawful search of phones and cloud accounts
- Weak evidence that can be dismantled through examination
- Entrapment, when law enforcement goes too far in convincing the alleged offender
Picking the right defense strategy is important, but it's not everything. You also need a persuasive San Bernardino, 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. We protected our client's record after being accused of solicitation. Through skillful negotiation, we were able to have all charges dismissed after the completion of an educational program.
- Statutory Rape (PC § 261.5) — No Jail Time, No Sex Offender Registration, Dismissed Upon Completion of Probation. The client faced years in state prison and lifetime sex offender registration. We negotiated a reduced-charge resolution that carried no custody time and no registration requirement, with dismissal available after successful completion of probation.
- 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) — Facing 6 Years State Prison, No Jail Time, No Sex Offender Registration. Using a consent-based defense, we protected our client from an extended jail sentence and secured a favorable outcome, 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. The client faced three potential life terms with no bail. We examined the prosecution's evidence and were able to demonstrate to the court that the accusation was false, securing a dismissal. As an added bonus, our client's privacy is protected as any remaining records are not available to the public.
Past results do not guarantee or predict a similar outcome in any future case. Every case in San Bernardino, CA, is evaluated on its own facts, and results depend on the specific evidence and circumstances involved.
Frequently Asked Questions for Sex Accusations in San Bernardino, CA
Is it still important to hire an attorney if you're 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.
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.
Is sexting legal in California?
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.
Are people convicted of stautory rape put on the sex offender registry?
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.
When should I call a lawyer?
Before you speak to police if you can. After an accusation or a "detective wants to hear your side" call, hours matter.
Accused of a Sex Crime? Call Now
We won't sugarcoat it: These charges are a big deal, and you need someone who knows how to fight for your rights.
If you need an experienced San Bernardino, CA, sex crimes lawyer, the Law Offices of David S. Chesley is ready to talk. Call now at (800) 755-5174 or use our contact form to get started today.
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