Criminal Defense Attorneys in Los Angeles Defending Individuals Accused of Failing to Register as a Sex Offender
California sex offender registration act requires most sex offenders and some individuals who have been convicted of specific consensual sex offenses to register as a sex offender. The registry will publicly show all the personal information of the convicted individual and provides police with a method of keeping track of their personal life. This registration of convicted sex offenders is considered an important tool to ensure public safety. Therefore, when a convicted sex offender fails to register, the legal consequences are often harsh.
Failing to register as a sex offender is covered under California Penal Code Section 290. Under law, there are specific sex crime convictions requiring mandatory require regular registration as a sex offender with your local law enforcement agency. These sex crime convictions include child pornography, child molestation, rape, statutory rape, sex crime against children, internet sex crimes, online solicitation, human trafficking, lewd acts with a minor, sexual battery, indecent exposure, forced oral copulation, and a variety of other sexual related offenses.
If you are legally obligated to register under California's sex offender registration law (commonly known as “Megan's Law”), and to fail to register, you could face a conviction for failing to register as a sex offender. This law makes it mandatory for any individual who has been convicted of a sex crime and lives in the state of California to register with the police where they live. This registration has to be renewed every year on their birthday and every time the individual moves to another address. If you knowingly and willfully fail to meet this requirement, you could be charged with violation of this code section. Let's examine the legal definition below.
If you have been accused of failure to register as a sex offender, contact a Los Angeles sex crime lawyer at our law firm immediately. Our criminal attorneys will need to thoroughly review all the specific details and circumstances in order to develop an effective strategy to defend you.
California Penal Code Section 290 – Failure to Register
A legal definition of failing to register as a sex offender under California Penal Code Section 290 has specific elements of the crime. These are specific facts the Los Angeles County prosecutor has to prove, beyond any reasonable doubt, in order to obtain a conviction. The elements of failing to register include:
- You were previously convicted of a sex crime in California that required registration under Penal Code Section 290
- You were a resident in California
- You knew you had a legal obligation to register as a sex offender
- You willfully failed to register or update your registration annually
Obviously, you can't be convicted of failing to register if you were not legally required to register in the first place. If you are facing charges of failure to register, you need to call a Los Angeles criminal defense lawyer at our office as soon as possible.
Legal Penalties for Failure to Register
The legal penalties for failure to register a sex offender will depend on the underlying sex crime offense that required you to register. A misdemeanor charge will be filed if you were required to register due to a conviction of a misdemeanor sexual offense and there are no prior convictions of failing to register. If convicted of a misdemeanor failure to register, the legal penalties can include up to one year in a Los Angeles County jail, fine of up $1,000, and probation.
If the underlying sex crime was a felony offense, or you have a prior conviction for failing to register, a felony charge will be filed. If convicted for failure to register as a felony, the legal penalties could include up to three years in a California state prison, and a fine up to $10,000. In some cases, failure to register as a sex offender can count as a third strike under California's Three Strikes Law.
Legal Defenses against Failing to Register
An experienced Los Angeles criminal defense attorney may be able to effectively present a variety of legal defenses on your behalf. These include:
- You did have not sufficient knowledge you were required to register as a sex offender. Language differences may be factor.
- You were aware of the mandatory requirement to register as a sex offense, but failing to register was not a willful act done on purpose.
- False accusation. You did in fact attempt to register as required, but police claim they did not receive or lost the paperwork.
History of Success Against Sexual Related Crimes
Our Los Angeles criminal defense law firm has an excellent track record of success defending individuals against sexual related offenses, including failure to register as a sex offender. A few case examples include:
In Los Angeles Superior Court, our client was charged with rape and date rape by intoxication. Our criminal lawyers became involved early in the legal process. Our investigation revealed credibility issues in the background of the alleged victim. We presented our findings to the police detective on the case. The Los Angeles County prosecutor rejected the case.
In Burbank Superior Court, our client was charged with child molestation of a relative. After immediate intervention with the police detective and district attorney by our criminal defense attorneys, the case was rejected for prosecution.
In Los Angeles Superior Court, our client was charged with multiple counts of possession of child pornography. He was facing a significant sentence in a California state prison and sex offender registration. Our criminal defense lawyers aggressively negotiated with the prosecutor and we able to obtain a favorable settlement for our client requiring no jail time or 290 registration.
Contact a Los Angeles Criminal Defense Attorney
At Eisner Gorin LLP, our sex crime lawyers will aggressively defend any an all criminal charges you are facing. As former Los Angeles County prosecutors, we have a thorough and clear understanding of the sex offender registration laws in California. Our criminal defense lawyers will use our decades of experience on your behalf and do everything within our power to obtain the best possible case result while treating your case with sensitivity and respect. Our law firm understands that a mandatory requirement to register as a sex offender carries significant social issues, such as public humiliation and/or physical or verbal assault within your community.
Due to the potential legal consequences of a conviction for failing to register as a sex offender, it's critical to consult with an experienced Los Angeles criminal defense lawyer at our law firm immediately. Early intervention into your case by our legal professionals is essential for your best chance of a favorable outcome.
Contact our law office for a confidential consultation. We are available 24/7 at 877-781-1570.