Vista and San Diego Sex Crimes Defense Lawyer
Facing Sex Crimes Charges in Vista? Call 24/7 to Schedule a Free Consultation
Sex crime charges are serious and can result in decades behind bars and mandatory sex offender registration. With an experienced defense lawyer, you can fight and defeat sex crime charges.
If you are accused of a sex crime in San Diego County, attorney Peter M. Liss (State Bar #111128) can help. He offers experienced, compassionate defense for many sex crimes and has defended many individuals charged in Vista and North County San Diego.
Call (760) 643-4050 today to schedule a free, confidential consultation.
Sex Offense Charges in North County
There are many types of sex crimes, from misdemeanor lewd acts in public to violent gang rapes punishable by life imprisonment. If you need a sex offense lawyer in North San Diego County, call The Office of Peter M. Liss today for a free consultation and case evaluation. Mr. Liss has represented clients accused of all types of sex crimes, including serious, life-altering felony charges, such as:
- Rape/Sexual Assault
Rape, under Penal Code 261 (PC), refers to sexual intercourse with an unwilling or unconscious partner. Sexual assault refers to any type of unwanted sexual contact.1 - Forced Oral Copulation
Oral copulation achieved through the use of force, violence, duress, menace, or fear is a crime under 287 (PC)2 - Unlawful Sodomy
Illegal sodomy achieved through the use of coercion, drugs, fear, or force is charged under 286 (PC)3 - Penetration with a Foreign Object
Unwanted sexual penetration, filed under 289 (PC), occurs when an unwilling or unconscious individual is penetrated with anything other than a penis, including a finger or object4 - Child Molestation
The inappropriate touching of a minor under 15 is filed as lewd and lascivious acts with a child, 288 (PC)5 - Child Pornography
The possession, production, and distribution of child pornography are all filed under 311 (PC)6 - Human Trafficking
Depriving someone of their personal liberty for the purposes of forced labor, services, or sexual activities is a crime under 236.1 (PC)7
Aside from these serious offenses, attorney Peter Liss has also represented individuals accused of all types of sex crime allegations in San Diego, including:
He can also help if you are facing a potential “third strike” under the three-strikes law or are accused of being a sexually violent predator, meaning you could be confined after your prison release or subject to chemical castration under 645 (PC).8
Penalties for California Sex Crimes in San Diego
Each specific offense carries a different sentence. Your defense attorney can answer questions about the potential penalties for the charges you face. Common punishments for sex offenses in San Diego County include:
The Sex Offender Registry
Not all sex crimes require lifetime registration on the sex offender registry. Under Megan’s Law, some offenders must register for life, while those convicted of minor offenses may only need to register for ten years.9
Failure to register is a distinct crime that can result in additional jail or prison time.
Sex Crimes and the Three Strikes Law
Some sex offenses are considered strikes under California’s Three Strikes Law, 667 (PC). Under this law, if you have one previous strike on your record, your sentence will automatically be doubled. If you have two previous strikes and are accused of a violent or serious felony (including rape), you will face 25 years to life imprisonment in state prison.10
A Vista sex crime defense attorney can sometimes convince the judge to “strike a prior strike,” meaning they will ignore a previous strike for sentencing purposes.11
Defenses to Sex Offenses in Vista
These are serious offenses with complex defenses. Every defense must be tailored to the defendant’s circumstances. Common defenses include:
The Prosecution has Insufficient Evidence
Many cases come down to the victim’s word versus the defendant’s, which is rarely enough to secure a conviction.12 As a result, police may coerce a suspect to confess. Never speak to investigators or the victim without your defense attorney present.
The Encounter Was Consensual
The most common defense against sexual assault charges is that the alleged victim consented to sexual intercourse. By claiming consent, you acknowledge that sex occurred, but contend no crime happened. This defense can discount physical evidence unless it indicates force —and sometimes this is excused by stating both parties agreed to rough sex.13
Consent is not a defense against sex crimes where the victim was not legally able to consent. As a result, saying the victim consented can be a confession in cases where the alleged victim was a child, disabled, or unconscious. Never speak to the police without an attorney present.
No Sex Actually Occurred
This defense can be particularly successful if the victim was raped while unconscious —just because you were with the victim before they passed out does not mean you had sex with them.
However, claiming you can’t be charged with rape because you only groped them could be an admission of guilt for sexual battery or child molestation, so do not use this defense without a lawyer.
You’re the Victim of Mistaken Identity
Just because someone claims you violated them or a witness says they saw you commit a sex crime does not mean you actually did. Eyewitness testimony is often unreliable, and defendants are often victims of mistaken identity.14
The Accuser has an Ulterior Motive
It’s an unfortunate truth that some people do falsely accuse others of sex crimes.15 Claiming the alleged victim is making false allegations is risky unless you show the accuser has a motive. If they hold a grudge against you or could benefit from your arrest, this could weaken their case. Always consult a defense attorney before using this strategy, as it can backfire and make you seem more guilty.
Improper Evidence, Collection, or Storage
Criminal evidence must be collected in a precise manner and transported from one location to another using a strict chain of custody.16 If the evidence is improperly collected or unaccounted for at any point, it becomes tainted and cannot be used against you.
Securing a Plea Bargain for Sex Crimes in Vista
In many cases, the best option is a strong plea bargain that will minimize the charge or penalty you may face. Your attorney can be instrumental in this process. Sometimes convictions for lower-level sex crime charges are particularly beneficial in plea bargains, as they may not require you to register as a sex offender under Megan’s Law.
Do Not Attempt to Defend Yourself Without a Lawyer
Never speak with the police or the victim without an attorney present, as you may inadvertently say something that could harm your case. For example, if you claim the victim consented, you cannot later say you are a victim of mistaken identity. Or, if you say no sex occurred, but forensic evidence shows otherwise, you will appear untrustworthy.
What Should I do When Accused of a Sex Crime?
Try to remain calm. While these accusations can be very upsetting, try to remain rational. Remember that it is possible to fight these charges. They don’t have to ruin your reputation.
Call a lawyer as soon as possible and schedule a consultation. Before your appointment:
- Write down everything you can remember about the incident
- Create a list of potential witnesses and their contact information
- Collect all physical evidence, such as clothing, videos, photos, or objects. Store it in plastic bags.
- Put together all related records, including emails, phone records, texts, and other communications between you and the alleged victim
- Gather evidence to back up your story, such as GPS records, geotagged photos, event tickets, etc.
Minimize the Fallout
Your attorney may be able to arrange for you to be arrested away from your home or office, which can help protect your reputation. He can also try to limit the publicity of the charges, allowing you to reduce public knowledge of the alleged crime.
Call Lawyer Peter M. Liss Today to Start Building Your Defense
As soon as you have been accused, hire a top attorney in Vista with experience fighting charges similar to those you have been accused of. With over 40 years of experience, Mr. Liss has personally represented people charged with just about every type of sex crime in San Diego.
Fight Sex Offense Charges
With a Top Defense Attorney
Peter M. Liss is a San Diego sex crimes defense lawyer with a degree from the top-rated University of California, Berkeley Law School, and over 40 years of experience. He understands how overwhelming these charges can feel and is dedicated to supporting clients through every step. Over this time, he has built a strong track record of success, personally fighting over 100 cases in trial and dozens of cases involving serious sex crimes.
Personalized Service
When you work with his law office, Mr. Liss will personally handle your entire case from start to finish. He offers top-quality representation at reasonable rates and accepts all major credit cards.
Fight for your freedom without draining your wallet!
Convenience and Connection
Peter Liss offers free consultations at his law firm office, directly across the street from the Vista courthouse and jail.
His 24-hour answering service ensures that you will always be able to speak with a live person. He considers all matters related to sex crimes urgent and guarantees prompt, courteous responses.
Call NowWhy Hire Mr. Liss as Your
San Diego Sex Crimes Attorney
If you’re facing sex crime accusations, Mr. Liss offers clear guidance and support throughout your case. By working together, you can build a robust defense and develop an effective strategy to counter the charges.
Protecting Your Reputation
Mr. Liss can help you avoid embarrassment by arranging for the arrest to occur away from your home or workplace. When you are placed behind bars, he will work to secure your release, arguing for reduced bail or no bail at all.
Obtaining Evidence
As your attorney, Peter Liss may take any of the following actions to support your defense:
- collect evidence on your behalf
- interview witnesses
- review the evidence against you
- obtain a psychological evaluation to show you do not fit the profile of a sex offender
- work with experts to challenge the validity of the medical examiner’s conclusions
In the Courts
Working within the court system, Mr. Liss can:
- make court motions on your behalf
- attempt to have the charges against you dropped or reduced
- negotiate a plea bargain to minimize the charges
- fight to secure the minimum possible sentence or alternative sentencing
Securing Alternative Sentences
Peter Liss always seeks alternative sentencing when possible. Options can include GPS monitoring, residential treatment, counseling, or hormone treatments to suppress your sex drive. In some cases, you may not have to register as a sex offender.
Call Today
If you or someone in your family has been arrested on one of these charges, please call the top-rated Law Office of Peter M. Liss to discuss the strongest sex crime defense for your case. All calls are confidential.
Frequently Asked Questions About Sex Crime Charges in Vista, CA
Do all Sex Crimes Require Registration on the Sex Offender List?
No. Most sex crimes against minors and sexual assaults require registration on the Megan’s Law list. However, a few offenses, such as prostitution and lewd acts in public, do not. Sometimes, an attorney may be able to have the charges reduced to a crime that does not require mandatory registration.
Do Juvenile Offenders Appear on the Sex Crime Registry?
Yes, but not all juvenile sex offenders must register. Those granted probation can avoid registration. Those required to register will not appear on the Megan’s Law website until they reach the age of 18. Under California’s tiered sex offender registry, minors are subject to a 5 or 10-year registry period. In contrast, adults are required to register for 10 years, 20 years, or life.
Is the Victim’s Word Alone Enough to Convict me?
Yes. While some sex crime cases may involve physical evidence, many are based on testimony alone. For this reason, what you say can make or break a case. Police often trick suspects into confessing by lying about evidence. Never speak to the police without your attorney present.
Can Sex Crime Charges be Dropped if the Victim Doesn’t Want to Press Charges?
No. Charging decisions are entirely up to the District Attorney. While they may take into account the wishes of the victim, they may file charges even if the victim does not wish to.
Legal References
- Penal Code 261 (PC) (California Legislative Information) ↩︎
- Penal Code 287 (PC) (California Legislative Information) ↩︎
- Penal Code 286 (PC) (California Legislative Information) ↩︎
- Penal Code 289 (PC) (California Legislative Information) ↩︎
- Penal Code 288 (PC) (California Legislative Information) ↩︎
- Penal Code 311 (PC) (California Legislative Information) ↩︎
- Penal Code 236.1 (PC) (California Legislative Information) ↩︎
- Penal Code 645 (PC) (California Legislative Information) ↩︎
- California Tiered Sex Offender Registration (Senate Bill 384) (California Department of Justice) ↩︎
- Penal Code 667 (PC) (California Legislative Information) ↩︎
- Three Strikes Reform Act Of 2016 (Office of the Attorney General) ↩︎
- Why Do So Few Rape Cases End in Arrest? (University of Massachusetts Lowell) ↩︎
- Consent (Cornell Law School) ↩︎
- Eyewitness Identification (University of Missouri-Kansas City) ↩︎
- False Rape Allegations (US Department of Justice) ↩︎
- Sexual Assault Investigations (Fontana Police Department) ↩︎
