You never thought it would come to this. The accusation may be a misunderstanding, exaggerated, or false. In Irvine, CA, a sex crime allegation can put prison, PC 290 registration, and your reputation at risk before a case is even filed. What you do in the first 48 hours matters.
The Law Offices of David S. Chesley defends people accused of sex crimes in Irvine, 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 investigate, challenge the evidence, negotiate when that protects you, and try the case when it does not.
We're ready for you 24/7. Call (800) 755-5174 or send us a note online to speak with a sex crimes lawyer in Irvine, CA, about your charges.
President David S. Chesley, Irvine, CA, criminal defense since June 2005, SBN 236611.
Consequences of a Sex Crime Conviction in Irvine, CA
Irvine, CA treats sex crime accusations very seriously. Without an experienced sex crimes attorney, you could be facing:
- Months or even years behind bars
- Mandatory or discretionary sex offender registration under Penal Code § 290
- Public labelling as a sex offender
- The potential loss of child custody
- Electronic monitoring
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.
You've Been Charged With a Sex Crime in Irvine, CA: These Are Your Next Steps
- Do not contact the accuser — even to apologize or "explain." That can be charged as witness intimidation or violating a protective order.
- Keep quiet during interrogations. Respectfully request to speak with your attorney.
- Do not consent to a phone or home search if there isn't a warrant for it and if you don't have a defense attorney present.
- Save any evidence. Deletion can be a crime in and of itself, and make you look guilty.
- Write a private timeline for your lawyer only: dates, locations, witnesses, alcohol, prior relationship, and who else had a motive.
- Obey all conditions of release — failing to do so can send you to jail.
- Talk to a professional for help handling the stress — handling criminal charges is stressful, and it's normal to need some professional help.
Together with your Irvine, CA, sex charge defense attorney, you can set your case up for a positive outcome.
Get Help With the Following Irvine, 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 Irvine, CA. A conviction means up to 8 years in prison, as well as sex offender registration. Rape is one form of sexual assault. Sexual assault is not defined on its own in California law, but instead is a term used to describe a category of violent offenses of a sexual nature.
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
Common charges include lewd acts with a child (PC § 288), continuous sexual abuse (PC § 288.5), annoying or molesting a child (PC § 647.6), oral copulation or penetration involving a minor, and enticing a minor (PC § 288.3) or arranging a meeting with a minor (PC § 288.4). 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
Whether or not a minor agreed to have sex with an adult, the adult can be convicted of statutory rape (AKA unlawful sexual intercourse with a minor). This charge can be either a misdemeanor or a felony, depending on the circumstances and prosecutorial discretion. But a prison sentence isn't the only concern: You can also be forced to register as a sex offender, particularly if the alleged offense occurred after December 31st, 2025.
Internet and Digital Sex Crimes
These include child sexual abuse material (PC §§ 311–311.11), sending harmful matter to a minor (PC § 288.2), sexting involving a minor, and sting cases built on chats with an officer posing as a minor. Adult "revenge porn" is a separate offense under PC § 647(j)(4) and related statutes. Digital forensics — who had the device, hash values, unallocated space, account takeover, and intent — often decide the case.
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 Irvine, 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.
Get Legal Support From a Irvine, CA, Sex Crimes Lawyer With All of the Below Charges
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 Your Irvine, CA, Sex Crimes Lawyer Can Help
Pre-filing and investigation. Your defense doesn't begin when charges are filed — you should call a sex crimes lawyer in Irvine, 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. 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. 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. The registration tier often matters more than a few months of custody. Reducing a Tier 3 offense to a non-registerable or Tier 1/2 charge can be the entire case.
Trial and sentencing. If the case should be tried, we try it. If there is a conviction, we litigate strikes, enhancements, and PC 290 placement.
Your Irvine, 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)
- Dedication to Connections with prosecutors and judges in Irvine
- Honesty and transparency when discussing your case
- Availability and a single point of contact
- A record of results in Irvine, CA, courts — not just a list of charges
Legal Punishments for Sex Crime Convictions in Irvine, CA
| 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. . A rape conviction can also carry a separate PC § 264 restitution fine directed to victim assistance programs.
What You Need to Know About the Sex Offender Registry in California
California maintains a public sex offender registry. The length of time a person is required to be on the registry depends on the specific offense:
- Tier 1 — normally 10 years, but some minors will only be put on the registry for 5 years. Examples: misdemeanor sex crimes are often Tier 1, notably sexual battery and some child pornography possession.
- Tier 2 — generally 20 years. Examples: repeated annoying of a child, some sodomy cases, and some rape cases.
- Tier 3 — lifetime for the most serious offenses (e.g., forcible rape, kidnapping in conjunction with a sex crime, aggravated sexual assault of a child) 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 Irvine, CA
- Consent (where the statute allows it — not for children below the age of consent)
- 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
- 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 — you have the presumption of innocence on your side
- Illegally acquired evidence
- Weak evidence that can be dismantled through examination
- Entrapment, when law enforcement goes too far in convincing the alleged offender
When you have the right defense strategy and the right defense attorney on your side, you're maximizing your chances of a positive outcome.
Prior Sex Offense Case Results
- Soliciting a Prostitute (PC § 647(b)) and Loitering with Intent to Commit Prostitution (PC § 653.22) — All Charges Dismissed. The client was accused of offering money for sex to an undercover officer in a "fake prostitute" sting — a common tactic that can raise entrapment issues. We enrolled the client in an educational diversion program, and upon proof of successful completion, the court dismissed all charges. No public record of the case remains.
- Statutory Rape (PC § 261.5) — Client Avoided Jail and Sex Offender Registration; Dismissal Available After Probation. When our client was accused of statutory rape, we leveraged our defense to negotiate a probation sentence which, if completed, will allow for the dismissal of all charges, no prison time, and keep our client off of the California sex offender registry.
- Rape (PC § 261) — Felony Accusation, All Charges Dismissed Before Trial. Our client was potentially up against 25 years in prison and a lifetime on the sex offender registry. They were present at an event where a woman was assaulted, but they took no part in it. The state charged them with rape, but we were able to argue in the preliminary hearing that the charges were not applicable due to our client's lack of participation. All charges were dismissed. 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) — 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, avoiding a felony strike and sex offender registration.
- Child Molestation (PC § 288) and Sodomy with a Child Under 10 (PC § 288.7) — Protected Client Against Lifetime Imprisonment and Sex Offender Registration. A conviction of these charges would have sent our client to prison for life, along with permanent sex offender registration. We looked into the evidence, and found that the claims were false. At the preliminary hearing, the judge believed our story and dismissed the charges. Our client's reputation is also protected, as there are no public records of this case.
The above cases are selected as a representation of the Law Offices of David S. Chesley's results — they do not guarantee a specific outcome in a given case. Your Irvine, 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 Irvine, CA
Is it still important to hire an attorney if you're innocent?
Absolutely — with an attorney on your side, you can ensure that the state listens to your side of the story, and challenge any misconceptions about the evidence.
Is there a risk of deportation if I'm convicted?
Many sex convictions are treated as aggravated felonies or crimes involving moral turpitude. Discuss immigration consequences before any plea.
Does statutory rape require registration now?
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.
What are the rules for sex offenders in California?
The main rule is to register with law enforcement and provide regular updates. In certain cases, additional restrictions (such as regarding career and housing) can also apply.
The Law Offices of David S. Chesley: Premier Sex Crimes Lawyers in Irvine, 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.
If you need an experienced Irvine, 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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