Assault & Sex Crimes

Stand Strong: Your Defense Against Assault and Sex Crime Allegations

Bay Area Assault & Sex Crimes Lawyers

We Take Assault & Sex Crime Charges and Accusations Seriously

Facing assault and sex crime charges in California is an incredibly serious matter. Accusations alone can cast a shadow over your reputation and future, while a conviction can lead to harsh penalties, including imprisonment, fines, and lifetime registration as a sex offender. Navigating this legal battlefield requires an unyielding ally – a team of expert defenders who can mount an aggressive defense tailored to your unique circumstances. At THOMPSON · GARCIA LAW, we don't just offer representation; we offer a shield against prosecution, a voice in the courtroom, and an unwavering commitment to protect your rights, freedom, and future. Our team's in-depth knowledge of California law and rich experience handling complex assault and sex crime cases make us your powerful advocates when you need them the most. We stand ready to fight aggressively for your defense, turning the tide in your favor.

Are you facing charges of assault or a sex crime? Call THOMPSON · GARCIA LAW, A Law Corporation, today at (510) 782-7580 or contact us online to schedule a free consultation with our assault attorneys. We are based in Pleasanton and Modesto and handle assault and violent crime cases for clients throughout Fremont, Hayward, Oakland, Modesto, Pleasanton, and the Bay Area.

What is the Difference Between "Assault" And "Assault & Battery" in California?

"Assault" and "Assault and Battery" are two distinct charges in California. The difference is:

Assault is the threat or unlawful act that creates an imminent apprehension of harm or the threat of it. The mere threat of being able to do harm can result in assault charges. The state of California considers assault a misdemeanor.

Battery (or assault and battery) involves causing actual physical harm to somebody. A person can be charged with assault and battery only if they have committed a physical assault on someone. California might consider assault and battery a "wobbler," meaning it can be a misdemeanor or felony, depending upon the circumstances.

These charges can be confusing, and building a possible defense needs the help of an experienced Northern CA, assault attorney from THOMPSON · GARCIA LAW, A Law Corporation, to take all the facts, context, and information.

Defenses Against Assault & Battery Charges

Your assault or assault and battery charges could be dismissed if we can prove that you:

Were incapable of doing harm to the other person.
Acted in self-defense or the defense of someone else.
Did not act of your own will or with the required intent.
Were wrongfully accused.

What Can Be Done?

The harsh reality about assault and most other violent crime charges is that you could face extended jail time and other stiff penalties if convicted. These cases are particularly sensitive in nature. They involve extensive work to paint the proper picture of what happened, and even then, you must take everything into the proper context. If charged with a violent crime, you should work with a criminal defense lawyer who can help tell your side of the story. You need a legal defense that relies on facts and evidence to see that you are treated fairly in court.

Assault Cases We Handle

If you face assault charges, you need knowledgeable physical assault lawyers who know what to look for in assault and battery cases. At THOMPSON · GARCIA LAW, A Law Corporation, our attorneys are experienced with general assault and battery crimes, juvenile offenses involving assault charges, and murder cases. We also handle gang violence situations that have involved shootings, assaults, and murder. We have worked on a large number of state and federal assault crime cases that involve drug activity as well. We can make a strong case in court and get the best possible results for you.

Your assault or assault and battery charges could be dismissed if we can prove that you:

Assault, aggravated assault, and assault with a deadly weapon.
General assault and battery crimes.
Juvenile offenses involving assault charges.
Domestic violence allegations against children, parents, spouses, or the elderly.
Gang activities such as robberies, vandalism, violence, shootings, and drugs.
Attempted murder and murder.

We also handle many cases involving domestic violence that are intertwined with divorce cases, especially if there are child custody disputes. These cases are complicated. False accusations or exaggerations of the circumstances are not uncommon. You need a lawyer with a clear focus and solid understanding of the law to get to the truth and achieve the best possible outcome for all interested parties.

Contact Our Assault Attorneys in Northern CA Today

Our attorneys have decades of experience with cases that include allegations of gang enhancement and street terrorism. We examine every piece of evidence and look into all potential procedural missteps, including search and seizure, wiretapping, and search warrant discrepancies. We work with the facts and evidence to build a solid case for you.

We can also assist with any immigration-related penalties from charges or convictions for crimes against another person. Convictions for an assault crime against a child will likely lead to deportation, even for a misdemeanor charge of domestic violence. We can help take steps to avoid the likelihood of deportation.

Types of Sex Offenses in California

Sex offense charges carry a significant societal stigma that can follow you for the rest of your life. They can seriously damage your reputation, including your ability to get work, housing, or acceptance in any community. However, this does not have to be your result – before or after conviction. With the help of a qualified, experienced sex crime attorney, you can combat harsh accusations to fight the consequences and even attempt to deregister from the sex offender registry.

At Thompson • Garcia Law, we have been defending people charged with sex crimes in state and federal court for over 60 years. As the law changes, so do we to find new ways to prepare a sophisticated defense on your behalf, including against:

Sexual Assault

Rape (Child, Statutory, Felony Murder, Spousal)

Sexual Battery

Molestation

Indecent Exposure

Prostitution

Online Solicitation of a Minor

Possession of Child Pornography

Rape Offenses in California

One common and very serious sex crime in California is rape. Under California Penal Code 261 PC, rape is when a person uses force, threats of force, or fraud to have non-consensual sexual intercourse with another person to whom they are not married. Note that consent refers to the other person's free and voluntary agreement to the act while knowing the nature of the conduct.

Rape is charged as a felony in California, and the crime is typically punishable by up to 8 years in state prison and/or felony probation. A defendant could face an additional 3-5 years in prison if the alleged victim suffered great bodily injury during the incident, as well as an additional 11 years if the alleged victim was a minor under 18 years old and an additional 13 years if the alleged victim was under 14 years old.

Child Molestation Laws

Another important area addressed by California sex crime law is unlawful sexual acts with children. There are several child molestation statutes in California addressing specific conduct, like sending explicit matters to a minor under the age of 18 and engaging in sexual conduct with minors under 18 years old, under 16 years old, and even under ten years old.

Most child sex offenses are punishable as felonies. However, some may be considered "wobbler" offenses penalized as either misdemeanors or felonies, depending on the severity of the offense.

Sex Offender Deregistration

Sex crimes like rape and certain child molestation violations will require mandatory registration as a sex offender for life. This could have detrimental consequences on your ability to re-integrate into society, as you will have a stigma attached to you that could result in social exile from your family, friends, and even coworkers. Our attorneys at THOMPSON · GARCIA LAW often represent individuals who attempt to deregister, and we can help you determine your eligibility for doing so both before and even after conviction. Do not give up your second chance even after serving your sentence; your past should not have to follow you forever.

Deportation Penalties

Our firm also works with immigrants who have been charged with sex crimes and are likely facing deportation as a penalty. Be aware that many sex-related offenses like rape and child molestation are classified as crimes involving moral turpitude (CIMT). Suppose a non-citizen is convicted of a CIMT. In that case, they will either be deported or marked as inadmissible for citizenship status. Our attorneys at Thompson • Garcia Law have significant experience working with clients to avoid deportation and protect themselves against being barred from obtaining a green card or citizenship. We will lend you and your family a compassionate hand as you navigate the uncertain circumstances following a harsh or unfair accusation that should not jeopardize your citizenship.

Our Defense Strategy Against Sex Crime Accusations

We will evaluate every possible avenue of defense to strategize the most efficient method for your unique case. In cases of rape, one effective defense is to question the validity of the complaining witness statements and credibility. Our attorneys will thoroughly investigate the accusing witness to determine the credibility of the statements given. After all, rape accusations can stem from interpersonal disputes or attempts at revenge for a previous conflict. So, we will challenge every element of the charge against you and the prosecution's evidence to highlight legal procedural missteps, such as any search and seizure issues. This can help remove evidence that cannot legally be used against you.

Our lawyers at THOMPSON · GARCIA LAW also run a variety of analyses from our own tests to contest all scientific, technical, and forensically gathered evidence. Additionally, we routinely bring in psychological experts when they can testify that our client has no predisposition for an accused type of behavior.

From online sex crimes, including solicitation of a minor and child pornography, to more serious allegations of statutory rape and indecencies, we argue the defenses other attorneys might shy away from. There is no type of sex-related case we will not take; everyone deserves justice and their rightful fight in court.

60+ Years of Experience & Serving Dublin, Fremont, Oakland, Pleasanton, & Modesto

At THOMPSON · GARCIA LAW, we seek to represent you confidently and compassionately as you deal with one of the harshest accusations in the legal system. While dangerous predators lurk, many are unjustly accused, and we fight to protect their reputations and rights to a fair trial. We have a deep understanding of sex crime laws, including the harsh minimum sentences and mandatory sex offender registration, as well as possible deportation. The profound impact on your day-to-day life motivates our thorough and tireless defense of your case.