For an accusation of a sex crime, David Pflaum is the right criminal justice attorney with the expertise and compassion that makes the difference.
Just because a person was investigated or arrested for a sex crime does not mean that he or she is guilty.
The person has many constitutional rights and remedies.
Attorney Pflaum aggressively defends his client to get the best possible results.
IMPORTANT INFORMATION ABOUT A SEX CRIME
There are many proven methods to defend a sex crime allegation depending upon the circumstances and the alleged evidence in the case.
Sex crimes include misdemeanors and felonies.
- Sexual battery (Penal Code 243.4)
- Rape (Penal Code 261)
- Unlawful intercourse (Penal Code 261.5)
- Statutory rape (Penal Code 261.5)
- Lewd act on a child (Penal Code 288)
- Molestation (Penal Code 288)
- Indecent exposure (Penal Code 314)
- Desolate conduct (Penal Code 647)
- Lewd conduct (Penal Code 647)
- Prostitution (Penal Code 647b)
The professional defense of a sex crime begins with the consultation with the client to learn about the investigation and arrest and the clients general background.
Attorney Pflaum then analyzes the prosecution file with his client to determine the accuracy of the alleged victims account of the case, the validity of witness statements, the fairness of the law enforcement investigation, and the reliability of evidence.
The client consultation and examination of the prosecution file enable Mr. Pflaum to build the right defense strategy.
RESOLUTION OF THE SEX CRIME CASE
The question of a sex crime case depends on what is in the best interests of the client.
Focus is best made on the credibility of the alleged victim in these areas.
- The alleged victim has reasons not to tell the truth
- The alleged victim has a prior criminal record
- The alleged victim filed previous false claims
- The alleged victim has filed a civil claim based on a lawsuit to collect money
- A defense may be consent in certain circumstances
- A defense may be lack of evidence
- Some cases rely on medical examinations of the alleged victim which medical records may not be conclusive.
A plea bargain is a pretrial agreement between the prosecution, judge, defense lawyer and client that may eliminate or reduce the charges and avoid or minimize the amount of time in prison and jail
When possible the plea bargain may eliminate the lifetime requirement to register as a sex offender.
Mr. Pflaum achieves excellent plea bargains by aggressively asserting his clients rights and by finding weaknesses in the prosecution case.
Some cases, depending upon the clients position and the evidence, may proceed to jury trial where Mr. Pflaum has had substantial success.
The right defense at trial depends upon the type of sex crime accusation and state of the evidence, the credibility of the alleged victim, the testimony of witnesses, medical records if applicable, the quality of the police investigation, telephone recordings called pretext calls, and forensic medical reports.
THE RIGHT SEX CRIME DEFENSE LAWYER
WITH THIRTY YEARS EXPERTISE
Sex crime defense lawyer David Pflaum understands the needs of his clients.
He has a long record of expertise and dedication that makes a difference for them.
Call (760) 806-4333
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COMMON SEX CRIME CHARGES
Sexual Battery, Penal Code section 243.4
Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.
Rape, Penal Code section 261
Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another, or where a person is incapable of giving legal consent because of a mental disorder, developmental or physical disability, or is in state of unconsciousness.
Statutory Rape, Penal Code section 261.5
Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a “minor” is a person under the age of 18 years and an “adult” is a person who is at least 18 years of age.
Lewd Act on Child, Penal Code section 288
Any person who willfully and lewdly commits any lewd or lascivious act, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.
Contact or Communication with a Minor for Purposes of Engaging in Lewd and Lascivious Behavior, Penal Code section 288.3
Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit a sex offense involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense. Contact or communication with the minor can be personally, by mail, phone, computer, or any other means of communication.
Arrangement of Meeting with Minor for Purpose of Engaging in Lewd and Lascivious Behavior, Penal Code section 288.4
Every person who, motivated by an unnatural or abnormal sexual interest in children, arranges a meeting with a minor or a person he or she believes to be a minor for the purpose of exposing his or her genitals or pubic or rectal area, having the child expose his or her genitals or pubic or rectal area, or engaging in lewd or lascivious behavior, shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.
Solicitation of Prostitution or Engaging in Prostitution, Penal Code section 647(b)
Every person who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution.
This crime is very common, especially when the police set up sting operations designed to bust as many people as possible. There are usually witnesses, tape recordings, and legal issues involved in these types of cases that a skilled attorney may use to defend his client.
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