Compton, Our Client 19, Victim 15, 90 Days in County Jail
In 50 Words or Less: Compton, our client, age 19, has six counts of violating Penal Code § 288a(b)(1) with a fifteen-year old, client faced nine years in prison, case resolved for 90 days county jail.
Our client’s girlfriend told our client that her parents had spoken to the police. Police then interviewed the girlfriend, who described six separate times the two had sex, each in our client’s car in a nearby park.
Our office quickly contacted the sheriff’s office to advise them of our representation of our client. We spoke with the investigating detective and stressed the consensual nature of the sex, although fully acknowledging that it remained statutory rape under the law.
The police report took sympathy on our client, recommending charges of a far less serious Penal Code § 288A(B)(1) and 261.5(c), instead of Penal Code § 269. Instead of facing life in prison with really no chance for parole due to consecutive life terms, our client faced a maximum of ninety-six years (which was still, perhaps for practical purposes, no different).
Greg Hill then negotiated a disposition at the Compton Superior Court wherein our client entered a plea to one count of violating Penal Code section 261.5(c), unlawful sex with a minor. Due to our client’s age being more than three years different than the victim, he was ineligible for disposition under Penal Code § 261.5(b).
Penal Code § 261.5(c), however, does not require that our client register as a sex offender for life under Penal Code § 290 and the offense is eligible for expungement after our client completed the terms of his plea. The terms were that our client serve ninety days in the Los Angeles County Jail, perform sixty days of Cal-Trans and complete a fifty-two-week sexual offender class, as well as five years of formal probation. This obviously was far better than life in prison with consecutive life sentences, so our client was very happy.
Perhaps more significantly, our client did not have to register as a sex offender for life and the conviction is eligible for expungement after he completes probation. In short, while our client is having the charges dropped, he will be able to live a normal life once he completes the terms of probation and has the conviction expunged. He was very happy with this disposition.
After our client began his probation, our office filed a motion to bar internet publication of his registration as a sexual offender, as our client was concerned about the effects publication of this would have on him, both professionally and personally.
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