Sex offenses can be among the most difficult types of criminal offenses to deal with. Not only do those who are convicted of a sex crime face extremely harsh penalties, but there is also a societal stigma they must face. On top of jail, prison, and fines, many sex offenders must register as sex offenders once they have served their time. Depending on the offense, sex offender registration could last for ten years, twenty years, or a lifetime. Having a highly experienced Riverside sodomy defense lawyer by your side, advocating on your behalf can make a significant difference in the outcome of your charges.
What is Sodomy?
Sodomy is a crime in certain situations under California Penal Code 286. Sodomy involves the penetration of a person’s anus by another’s penis and is a crime when an adult commits sodomy on a minor, uses force, fear, or threats, or in several other specific circumstances. An example of illegal sodomy is if a man performs anal sex on a woman after threatening her with harm unless she cooperates. Sodomy is a “wobbler” crime that can be charged as either a misdemeanor or a felony, depending on the alleged victim’s age and whether the act is consensual. Sodomy is a criminal offense when:
- The alleged victim is under the age of 18.
- A defendant commits sodomy with a minor under the age of 14 and is ten years older than the alleged victim.
- The defendant is over the age of 21 and engages in sodomy with a minor who is under the age of 16.
- A defendant commits sodomy with a minor under the age of 13 through the use of fear, coercion, violence, or force.
- The sodomy was committed against an alleged victim through the use of fear, duress, violence, or force.
- A defendant commits sodomy through threats of retaliation in the future against the alleged victim or someone they care about.
- The defendant commits sodomy in concert with another person, against the alleged victim’s will through fear or force.
- The alleged victim is incapable of giving consent to the act of sodomy, whether because they have mental or physical disabilities or are incapacitated or unconscious.
What Are the California Sodomy-Related Offenses?
When a person is charged with sodomy, they may also be charged with other sex crimes as well, including rape, statutory rape, gang rape, sexual battery, lewd acts with a minor, continuous sexual abuse of a minor, or foreign object sexual penetration. If this is the case, there will be multiple charges with multiple potential penalties. While many of these offenses are charged as a misdemeanor, some are felony charges and may include mandatory sex offender registration.
What Are the Consequences for Sodomy Charges in California?
A conviction for sodomy with a minor under the age of 18 could be charged as a misdemeanor or a felony. If the conviction is a misdemeanor, the potential penalties include one year in jail. For a felony conviction of Sodomy with a minor under the age of 18, the penalty could be 16 months, two years, or three years in prison. A sodomy conviction for the offense between an adult who is 21 or older and a minor under the age of 16 is a felony that can result in 16 years, two years, or three years in prison. When the crime of sodomy is performed against the will of the victim by force, duress, fear of immediate bodily injury, violence, menace, or force, the offense is a felony.
If the victim is 18 years or older the penalty could include a prison sentence of three, six, or eight years. If the victim is 14 to 17 years old, the penalty could include a prison sentence of seven, nine, or 11 years. If the victim is under 14 years old, the penalty could include a prison sentence of nine, 11, or 13 years.
If the act of sodomy was against the victim’s will through threats to retaliate in the future against the victim or another person and there is a reasonable possibility that you will execute those threats and you acted alone, the prison sentence for a felony conviction could be three, six, or eight years. If all the above applies but you acted with at least one other person, the prison sentence for this felony conviction could be five, seven, or nine years.
If you commit the offense of sodomy when you are in jail or prison or while you and the victim are patients in a mental hospital which renders the victim incapable of consent, a misdemeanor conviction has penalties of one year in jail. If you are convicted of a felony for the offense, you could face 16 months, two years, or three years in prison.
If the victim is a minor under the age of 14 and you are more than ten years older, unconscious, incapable of consent, intoxicated, or is submitting because of a threat to incarcerate or deport the individual, a felony conviction could trigger three, six, or eight years in prison. A California sodomy conviction triggers the requirement to register as a California sex offender. Whether or not a judge grants probation and whether the defendant is sentenced to jail or prison, hinges on the facts and circumstances of the case.
What Are Some Possible Defenses to Sodomy Charges?
Your Riverside sodomy defense lawyer will determine the best defense based on the facts and circumstances of your charges. Some of the more common defenses used for this particular criminal offense include:
- Your constitutional rights were violated—Perhaps you were not properly Mirandized, or there was not a valid warrant for your arrest. The police may not have allowed you to speak to your attorney or could have continued questioning you after you asked for an attorney.
- The witness testimony against you is false, unproven, or unreliable.
- Evidence in the case was illegally obtained.
- If the crime is dependent on the victim’s age, you may have been unaware of their true age.
- Medical records may show a lack of physical evidence that sodomy occurred.
Your Riverside sodomy defense lawyer from Greenberg, Greenberg & Kenyon could potentially convince the prosecutor not to file charges or could have the charges reduced from a felony to a misdemeanor. If you are convicted of the offense, we can work hard to negotiate a lesser sentence.
Why You Need a Riverside Sodomy Defense Lawyer
If you have been charged with sodomy in the state of California, these are very serious charges. You need an equally serious attorney who knows how to build a solid defense on your behalf. Having an attorney ensures that the prosecutor will not take advantage of you. Your attorney is your advocate and always has your back from beginning to end. The best outcome possible will occur when you have a solid Riverside sodomy defense lawyer working hard on your behalf.
How Can a Riverside Sodomy Defense Lawyer from Greenberg, Greenberg & Kenyon Help?
At Greenberg, Greenberg & Kenyon, our attorneys were former prosecutors before focusing exclusively on criminal defense. These decades of experience prosecuting and defending those facing sexual assault charges allow us to know exactly what the prosecution is thinking or will do. This benefits our clients greatly.
We understand the long-term consequences of a sexual offense conviction and take our role very seriously. We will aggressively pursue every avenue possible to have your charges dismissed or reduced, negotiate a plea to a lesser charge with no jail or prison time, or prepare for the possibility of a trial. If you need a highly skilled Riverside sodomy defense lawyer to ensure your rights are protected, contact Greenberg, Greenberg & Kenyon today.
