Fresno Unlawful Sexual Intercourse | Fresno Sexual Assault Attorney | Sex Abuse

PC 261.5 Unlawful Sexual Intercourse 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.

PC 261.5(a) 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.

261.5(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years young than the perpetrator, is guilty of a misdemeanor.

261.5(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivisions (d) of Section 1170.

261.5(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (d) of Section 1170 for  two, thee, or four years.

(e)(1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts:

(A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand ($2,000).

(B) An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty not to exceed Five thousand dollars ($5,000).

(C) An adult  over the age of 21 who engages in an act of unlawful sexual intercourse with a minor  under 16 years of age is is liable for a civil penalty not to exceed ten thousand dollars ($10,000).

(D) An adult  over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty five thousand dollars ($25,000).

NOTES: If you have been arrested or charged with unlawful sexual intercourse with a minor, it is important to seek representation at the earliest possible time.  This allows your attorney to work on your behalf, find witnesses at the earliest and most convenient time, and prepare a defense while the evidence is still available.  Sex offender registrant under PC 290 may be required pursuant to a conviction under this penal code section. Know your rights, hire an experience criminal defense attorney to help you. If you are looking to hire an attorney in Fresno, schedule a free initial visit with Sexual Assault Defense Attorney Jonathan Rooker

Sexual Abuse of a minor or child take several forms.  It can be sexual penetration by parent, sibling, relative, neighbor, or trusted adult.  Sexual assault can also occur when children who are older than the sexual assault victim take advantage or even children in the same age range.  Remember that even two minors who have what would be consensual sexual intercourse with each other, can be charged with a crime because one or both of them have not reached the age of legal consent for sexual intercourse.

Sex crimes can also take other forms.  Sex abuse can include touching other than sexual penetration.  This can include touching sex organs of a child for sexual gratification of the person abusing the victim.  If you have been accused of a sex crime in the Fresno Area, call Sex Crime Defense Attorney Jonathan Rooker for a consultation regarding your accusation free of charge.

Sexual Assault is a serious crime, in fact the Fresno County District Attorney's office has an entire unit dedicated to prosecuting sex crimes which entails a special prosecutor who prosecutes sex crimes exclusively.  To defense yourselves against such charges, you should hire an experienced sexual assault and/or sex crime defense attorney who can assist you with your accusations, and defend you aggressively.

Sexual Assault and Child Abuse Unit

The Fresno County District Attorney's Office Sexual assault/child abuse unit prosecutes a wide range of felony sexual assault offenses committed against children and adults.  These include offenses committed by family members, acquaintances or strangers.  The Fresno County District Attorney's office Sexual Assault/Child Abuse Unit also prosecutes felony physical abuse and child endangerment crimes committed against children. The sexual Assault/child abuse unit works closely with other agencies to effectively prosecute these cases.  While providing much needed sensitivity and services to victims of sexual assault.  The District Attorney's office is committed to seeking justice for victims of sexual assault and child abuse, and their offenders.  If you or someone close to you have been a victim of sexual assault or child abuse, you are encouraged to report it to the law enforcement agency where the abuse occurred.

The above paragraph from the District attorney's website should give you and idea that the government has seemingly unlimited resources devoted to prosecuting accusations of criminal sexual abuse, sex crimes, sexual assault and other sex related accusations.  Don't go into court alone.  Seek representation from an experienced attorney who can help you navigate the court systems, laws, and rules to make an informed decisions about your case and defend you against the proprietorial machine that our government can be.

Conviction of a sexual assault will not only incur fines and imprisonment, but the offender will also have to register a a sex offender as required by the Sex Offender Registration Act (Pen. Code Section 290-294).  As a registered sex offender, a person is restricted from living or working within a certain radius of a school and is far less likely to obtain a favorable career.  (Recent change in the law Sex Offender Law Update published in LA Times) If you have been arrested for a sex crime, hire a Fresno Criminal Defense Attorney as soon as possible to ensure you have every opportunity to defend yourself against these accusations.

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Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

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Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

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Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

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Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.