You need a sex crimes lawyer in San Diego, 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.
The Law Offices of David S. Chesley defends people accused of sex crimes in San Diego, 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're here to help, not to judge. Call (800) 755-5174 or contact us online to get help from your San Diego, CA, sex crimes lawyer.
President David S. Chesley, San Diego, CA, criminal defense since June 2005, SBN 236611.
Why You Need to Treat Sex Crime Charges Seriously in San Diego, CA
A sex crime charge is not a typical misdemeanor or even a typical felony. If convicted, you're facing:
- Incarceration
- 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 talk your way out of these accusations. Without help, you might be digging a hole you can't get out of. A sex crimes lawyer can change that.
How to Handle San Diego, CA, Sex Crime Accusations
- Avoid contact with the alleged victim — Any contact, for whatever reason, is not a good idea. You could face additional charges for witness intimidation.
- Don't speak without an attorney present. Respectfully request to speak with your attorney.
- Don't give permission to search your property if there isn't a warrant for it and without counsel.
- Gather any evidence you can find. Trying to delete or hide evidence can end up making you look more guilty.
- Write a private timeline for your lawyer only: It's important that your lawyer has a full view of the situation.
- Obey all conditions of release (stay-away orders, no-contact, travel, devices).
- Talk to a professional for help handling the stress — counseling can help give you clarity on how to move forward.
Together with your San Diego, CA, sex charge defense attorney, you can set your case up for a positive outcome.
Get Help With the Following San Diego, 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 San Diego, CA. A conviction means up to 8 years in prison, as well as sex offender registration.
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
Child sex crimes are some of the most harshly viewed accusations in San Diego, 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
Unlawful sexual intercourse with a minor is a misdemeanor or a wobbler depending on ages. Important 2026 change: for offenses on or after January 1, 2026, SB 680 added certain PC § 261.5(c) and (d) convictions to PC § 290. Those cases can require Tier 1 (10-year) registration, unless the defendant was not more than 10 years older than the minor and that is the only registerable conviction. Courts can still order registration under PC § 290.006. Offenses before January 1, 2026 are not brought onto the registry by SB 680. This should be analyzed before any plea.
Online 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.
AI and Deepfake Pornography
As AI continues to advance at a fast rate, California lawmakers are setting limits for its use. These laws often intersect with sex crimes as they relate to pornography. Recent laws have established that AI-generated child pornography can be prosecuted as if it were an image of an actual child. Additional laws have also made it illegal to create and share deepfake pornography that appears to be actual images of the subject. As these laws continue to develop, it's important to work with a sex crimes lawyer in San Diego, CA, who is familiar with the most recent laws and updated regulations.
Lewd Conduct in Public
It may be easy to confuse lewd conduct in public with indecent exposure, but these are separate offenses in San Diego, CA. Where indecent exposure refers to a person showing off their own genitalia in an offensive manner, one difference with lewd conduct can involve another person. Lewd conduct involves the alleged sexual touching of one's own or someone else's privates in a public place, offending other people in the area. Intentions don't matter — just whether or not someone was present who was upset by the actions.
Related Charges
In San Diego, CA, we also defend indecent exposure (PC § 314), human trafficking (PC § 236.1), 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.
Sex Crime Charges Our Lawyers Defend
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 San Diego, CA, Sex Crimes Attorney
Pre-filing and investigation. Your defense doesn't begin when charges are filed — you should call a sex crimes lawyer in San Diego, CA, if you even think you are under investigation. We can help you set up your future case for a positive outcome, or avoid court entirely.
Discovery and forensics. Anything that the police and prosecution find, they have to turn over to us in discovery. Our team will then comb through the evidence, looking for holes in the prosecution's case and opportunities to create reasonable doubt.
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. 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 San Diego, CA, Sex Crime Lawyer Needs to Have These Qualities
- Direct experience with your statute (PC 261 is not the same case as PC 288.4)
- Willingness to do pre-charge work, not only arraignment-to-plea
- A defense strategy that you can understand
- Easy to contact and get updates on your case
- Confidence and honesty when planning your defense
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 these numbers represent typical, general ranges, they can be altered by enhancing factors. Every case is individual. 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
California uses a three-tier system (SB 384, in effect since 2021):
- 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: many serious/violent registerable felonies that are not automatic lifetime.
- 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 Diego, CA, sex crimes lawyer should treat registry exposure as a charging and plea issue from day one, not an afterthought at sentencing.
Defenses Our San Diego, CA, Sex Crimes Lawyers Use
- Consent is applicable in many cases where both parties were over the age of 18
- 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 — unfortunately, some people will make up criminal accusations in order to get something they want
- Identity / alibi
- Failure of the prosecution to prove the charges against you — 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
- Violation of your rights
- Entrapment in cases like prostitution
- Statute of limitations or charging defects
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.
Former 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) — Protected Client From Jail, Sex Offender Registry, and Record. 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 at Preliminary Hearing. When our client was wrongly accused of participating in an assault, we presented a defense showing their lack of participation. The case records not viewable by the public.
- Kidnapping (PC § 207) and Unlawful Sexual Intercourse with a Minor (PC § 261.5) — Successful Consent Based Defense Protect Our Client From Prison. By evaluating the evidence and presenting a narrative of consent, we negotiated a resolution giving the client credit for time served, and our resolution also kept our client off of the California sex offender registry.
- 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. Our client's reputation is also protected, as there are no public records of this case.
These results are representative of past performance, but do not guarantee future results. Your San Diego, 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 Allegations in San Diego, CA
If I didn't do it, should I still contact a sex crimes lawyer?
Yes — unfortunately, the police can make mistakes in their investigations and end up charging the wrong person. Your freedom and rights deserve professional protection.
Will a sex crime in San Diego, CA, affect immigration status?
Many sex convictions are treated as aggravated felonies or crimes involving moral turpitude. Discuss immigration consequences before any plea.
Can a sex offender get off the registry in San Diego, CA?
California's sex offender registry has three tiers — tier 3 offenses require lifetime registration, but tier 2 and 1 both allow the possibility of removal after a time period has passed.
Will I be put on the sex offender registry if I'm convicted of statutory rape?
For many PC § 261.5(c) and (d) offenses committed on or after January 1, 2026, yes — Tier 1 — unless the 10-year age-gap exception applies. The court may still order PC § 290.006 registration. Get the dates and ages reviewed before you plead.
Do sex offenders have to notify neighbors in California?
No — sex offenders themselves are not required to inform their neighbors, just register with local law enforcement. Law enforcement may decide to make a public announcement, though.
The Law Offices of David S. Chesley: Premier Sex Crimes Lawyers in San Diego, CA
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.
Get help now — call us at (800) 755-5174 or send us a note online to talk with your San Diego, CA, sex crimes lawyer.
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