Los Angeles Criminal Law Blog

Sex Crime Charges and the #MeToo Movement

Posted on: February 19, 2018 at 10:48 p.m.

The news has been filled with stories from alleged victims of sexual harassment, unlawful touching, and rape by intoxication, among other similar sexual related incidents. The #MeToo Movement has made social media, such as Facebook and Twitter, a comfortable forum for victims to come forward and speak out against sexual assault and harassment. In many of these cases, victims are choosing to go online as part of a demonstration in support of survivors and to end sexual violence as opposed to going to police to file a report. This movement encourages people to share their own experiences to raise awareness about the extent of sexual harassment. It gained national attention after there were numerous sexual related accusations against movie producer Harvey Weinstein. Back in October 2017, the Los Angeles Police Department launched a criminal investigation after an Italian model-actress who claimed he raped her at a hotel in 2013. She became the sixth woman to accuse him or rape or forcible sex acts. Sexual harassment includes coercion, such as connecting someone’s working condition to sexual cooperation. Additionally, sexual harassment also includes unwanted sexual behavior, such as kissing, touching, hugging or constant verbal pressure to go out on a date. The United States Supreme Court has said that unwanted behavior has to be severe enough to cause an abusive working condition. However, some of the most common forms of sexual harassment are not through improper touching. They frequently include degrading or crude remarks about the opposite sex. Many of these sexual harassment claims will be handled in civil court. This means attorneys will be retained to pursue a civil lawsuit for sexual harassment in the workplace on a variety of different levels. These type of sexual harassment claims don’t always mean criminal charges will be filed.

If you have been accused of sexual assault or charged with a sexual related crime, you should consult with a Los Angeles sex crime lawyer at Eisner Gorin LLP. Our attorneys will be able to properly respond to these allegations and aggressively defend you. If contacted by a police detective, politely decline to answer any questions without first consulting with a lawyer. You need to keep your emotions in check. Stay clam. Don’t approach the accuser and stop all communication and stay away from them. This includes contacting them through social media, such as Facebook, Twitter, or Instagram. It’s important to remember that anything you say or write to them at this point will be used against you in a court of law. Some of the most common criminal charges from the #MeToo movement include:

Indecent Exposure

Under California Penal Code Section 314, it’s a crime to willfully exposing one’s genital’s to another person when the exposure is made with the intent of sexual gratification or to offend the other individual. By law, “willfully” means on purpose. One of the elements of the crime for the prosecutor to prove includes showing that the defendant exposed themselves and acted in a lewd manner by intentionally directing attention to their naked genitals with the intent of personal sexual arousal.

Sexual Battery

Under California Penal Code Section 243.4, it’s a crime to touch the intimate part of another person for the purpose of sexual gratification, arousal, or abuse. This includes their genital area, buttocks, or female breast. Sexual battery is also commonly known as sexual assault or unlawful touching. Sexual battery charges can be filed as a misdemeanor or felony sex crime. A common example of misdemeanor sexual battery charges related to the #MeToo movement includes a situation where the defendant intentionally fondles a female’s breast without their consent or touched their buttocks without permission. Contact our Los Angeles criminal defense law firm for more information.


California Penal Code Section 261 defines rape as non-consensual sexual intercourse by means of force, threats, fraud, or with a victim who is unconscious or incapable of giving consent. Rape charges can be filed even when there is no physical force. A Los Angeles County prosecutor can pursue rape criminal charges in a situation where the victim is intoxicated or physically or mentally disabled to provide lawful consent. Additionally, a rape case can be filed if the act was achieved not only through force or violence, but also through duress, menace, fear of bodily harm, fear of retaliation, or fraud.

Rape by Intoxication

California Penal Code Section 261(a)(3). It’s a common myth that rape is a crime that just involves forcing yourself upon a person without their consent. Rape criminal charges don’t always have to involve the use of force, but can involve a lack of valid consent from the victim due to fraud or incapacity A specific set of circumstances that can lead to a rape charges is when a victim was prevented from resisting due to any intoxicating or anesthetic substance. Under this law, it’s required the defendant knew or should have known of the victims intoxicated state at the time of the sexual encounter. “Prevented from resisting” means that as a result of intoxication, the victim lacked the capacity to give valid sexual consent based on a reasonable and informed use of judgment. In basic terms, any case that involves the alleged rape of an intoxicated woman requires a legal determination of whether her intoxicated state prevented her from exercising reasonable judgment, along with all the other facts and circumstances, in order to determine whether her mental impairment was at a level that it deprived her of the ability to exercise reasonable judgment. Rape under California Penal Code Section 261 is a serious felony crime that leads to 3 to 8 years in a California state prison. Furthermore, a conviction for this type of sexual offense will typically require the defendant to register as a sex offender in California pursuant to Penal Code Section 290. Call a Los Angeles criminal defense lawyer at our office more detailed information.

Los Angeles County District Attorney’s Special Task Force

Los Angeles County District Attorney Jackie Lacey issued a statement to deal with the high number of recent sexual harassment and assault allegations against high-profile names in Hollywood. She announced her office would be forming a special task force to address these issues. This task force was specifically created in response to the widespread allegations of sexual abuse in the entertainment industry. They include specially trained deputy district attorneys who will review all the sexual related allegations for potential criminal prosecution. The task force includes veteran sex crimes prosecutors who will work closely together to thoroughly examine all cases to determine if they meet both the legal and factual standards for filing a criminal case.

When this task force reviews these accusations, they will not be reviewing these cases under the civil context of sexual harassment, rather they are seeking to deal with the accusations under the context of whether a sexual related crime was committed. This will typically require some type of unlawful touching, force, or threat. If the Los Angeles County District Attorneys Office believes that someone committed any type of sex crime offense, they will not hesitate to prosecute them under a specific California Penal Code Section violation. Many of the #MeToo Movement allegations are from incidents that occurred many years ago. Therefore, the Statute of Limitations might prevent some criminal cases from being filed.

Contact a Los Angeles Criminal Defense Lawyer

If you are currently under investigation for sexual harassment or any type of criminal sex offense related to the workplace, you need to immediately consult with a Los Angeles criminal defense lawyer at Eisner Gorin LLP. As stated above, if contacted by a police detective, politely decline to answer any questions without first consulting with an attorney. Anything you say at this point will be used against you. Our criminal attorneys will closely examine all the details in order to start building an effective defense strategy. We offer a free immediate response. Call our law firm at 877-781-1570.

Eisner Gorin LLP
1875 Century Park East #705
Los Angeles, CA 90067

Tagged as: los angeles criminal defense attorney, los angeles sex crime defense attorney, sex crime accusations, sex crimes

Crimes in Los Angeles

Posted on: October 25, 2013 at midnight

Some recent crimes in Los Angeles have shown how important it is to have a lawyer who understands the courts, the prosecutors and jury trials. People from all walks of life can be arrested for, charged with or investigated for serious crimes, and without top notch legal representation it can create lifelong problems. In El Monte, the El Monte Police Department is looking for a man who is accused of raping a college student in the back of a convenience store. Authorities said a female student was working as a cashier at the store when a man blocked the exit as she prepared to close. He dragged the woman to the back of the store and raped her according to police news reports. Police believe the perpetrator is an 18-year-old who is a gang member with a tattoo on his right arm of his gang. They are seeking assistance from the community in looking for the alleged guilty party. In another sex crime involving a college student, a 26-yea- old man was arrested on suspicion of attempted kidnapping and rape at Grossmont College in El Cajon, near San Diego. The San Diego Sheriff's Department arrested Anthony Washington for attempting to attack a female student at 11 AM, he was booked in county jail. The attacker held a knife to the victim's throat according to reports as she got into her car. Another student saw the attacked and honked his horn causing the attacker to flee the scene. The suspect was arrested after a thorough search of the campus. He confessed he was going to rape the student during interrogation. In a surprising case of a judge committing a crime, Hon. Craig Richman allegedly committed battery for pushing and injuring a woman who was walking her dogs. The event allegedly occurred on July 18 when the judge saw a woman place a plastic bag of animal waste on the curb next to the street by his house. He is accused of pushing the woman from behind and knocking her to the ground causing the woman to strike her face on the sidewalk. She suffered cuts and scrapes to her face and shoulder. The judge then allegedly left the scene. Richman, who is also a former prosecutor, was charged with a misdemeanor count of battery. The judge at first accused the woman of fabricating the entire story, but also claims that she was both the aggressor and stalked him when he tried to leave, which would at least ad some validity to her story.

Tagged as: assault, los angeles sex crime defense attorney, sex crime accusations, sex crimes

Palmdale Sex Crime Attorney

Posted on: June 30, 2011 at 6:33 p.m.

The county of Los Angeles is home to tens of millions of people, many of whom are rarely face serious legal problems. However, there are quite a few sex crime accusations that going on every year, making life difficult for the people involved in the alleged incident. These crimes can make life difficult for the alleged victim, the alleged criminal and even the investigators who have to talk to these people. A recent case in Palmdale is quite complicated, and involves both an 81 year old man and a girl under the age of 14. The man will absolutely need a skilled Los Angeles Sex Crime Attorney in order to get the defense he needs to stay free from jail.

Keith Holmes, an 81 year old man who is a registered sex offender was arrested this past weekend for allegedly attempting to kidnap a young girl according to sheriffs. According to officials from the sheriff's office, the girl was walking ahead of her parents when the man pulled up alongside her and asked if she wanted a ride. The man continued to drive along the girl slowly even though she refused a ride. The girl's mother then came up and tried to talk to the man, and that is when Keith Holmes allegedly drove off. He stopped at a nearby red light and the girls mother took down the license plate information and a description of the man. Police later pulled the man over and the mother identified him as the suspect. After an investigation, one that will undoubtedly have to be examined by a Los Angeles Sex Crime Attorney, police found items in the car consistent with a kidnapping. He was arrested and booked for "attempted kidnapping of a child under 14." Holmes might be a marked man because he is a registered sex offender, has been arrested by Palmdale sheriff's station deputies and convicted of annoying or molesting a child twice since December 2009.

A sex crime conviction in California can lead to terrible circumstances, a lost life and more. Our Los Angeles Sex Crime Attorneys possess the knowledge, skill and experience to provide the kind of defense you need to stay free from prison and off the sex offender registry. The laws are serious, but our lawyers are ranked top-notch. Call us today at 877-781-1570.

Tagged as: sex crime accusations

Los Angeles Sex Crime Attorneys and Teachers

Posted on: June 17, 2011 at 7 p.m.

Los Angeles Sex Crime Attorneys who represent teachers are often representing someone who has been publicly denigrated for their alleged crimes, even if there is no proof that they have committed a crime. With any type of crime, people often forget that a person is innocent until proven guilty, but with sex crimes involving teachers, the mere suggestion of any sort of crime can turn into a horrible situation before a trial even begins. In Palmdale, a middle school teacher's aide pleaded not guilty to four felony counts of committing lewd acts on a child. The woman stands accused of having a sexual relationship with a 13 year old male student she was tutoring. The woman is 35 years old and is accused of committing the crimes over a two week period in May and June of this year. She is married and was arrested and jailed in lieu of $400,000 bail. She is due back in court on June 28 to see if there is enough evidence for her to stand trial. Now, the courts do not know if they have enough evidence yet, but the newspapers have been printing the woman's picture and essentially condemning the woman for a crime she may not have committed. The 13 year old boy who is accusing the woman said she had sexual intercourse with him at the middle school and told authorities at the sheriff's Special Victims Bureau. A relative of the boy discovered an allegedly inappropriate text message from the woman on the boy's phone. She had been tutoring the boy on campus and the sex took place in a vacant classroom and in her car. Allegedly, the woman said she had developed feelings for the boy.

If you ask any Attorney they will tell you that a case like this requires a skilled, knowledgeable lawyer who knows the laws, the courts and how best to defend this kind of case. Sometimes, young boys and girls make false accusations based on immaturity, but police and parents will always investigate such cases thoroughly. In this instance, the woman is facing serious jail time, a long time on the California Sex Offender List and more. She will need a skilled Sex Crime Lawyer to have any hope of staying out of prison.

If you or someone you know needs a lawyer to defend against a sex crime, contact Kestenbaum Eisner & Gorin. We can provide the kind of criminal defense you need to stay out of jail.

Tagged as: sex crime accusations

Van Nuys Sex Crime Defense Attorney

Posted on: May 23, 2011 at 11 p.m.

Trying to find a Van Nuys Sex Crime Attorney to defend you in a sex crime case can be difficult, but going to jail and having your name placed on the sex offender list could be the end of your life as you know it. A teacher in Van Nuys will soon find out just how complicated a sex crime charge is. A 29 year old teacher at Van Nuys's Montclair College Preparatory School was arrested for engaging in a sexual relationship with a 15 year old girl. Gazi Kabir is facing years in prison and worse for his actions after being investigated for conducting a sexual relationship by periodically going to the girl's home for sexual activity when she was alone. The school was not giving out any further information. The man was a history teacher at the school, but no further facts are known. There could be other alleged victims in this situation. Past cases of teachers in Los Angeles getting arrested for sex crimes often turn up more than one victim, meaning some teachers are considered "predators."

While any sex crime can lead to jail time, being in a position of authority, such as a teacher or coach, can lead to increased jail time, fines and other penalties. As a teacher, this man allegedly abused a position of trust and power, and the girl is quite young. Different ages will lead to different penalties, meaning that sexual abuse of a 7 year old will lead to a longer jail sentence than a sexual relationship with a 17 year old. Obviously, while a 17 year old is still underage, she is more likely to be able to make an informed decision. Any 7 year old in a sexual situation is being taken advantage of completely. Courts, prosecutors and juries will look at extenuating circumstances of any sex crime in order to see if increased penalties are necessary. Only a knowledgeable lawyer will know how to persuade a jury to observe the facts in the case, and not the accusations.

At Kestenbum Eisner & Gorin, LLP, our Van Nuys Sex Crime Attorney team has over 50 years of experience and can provide top notch legal representation. If you or someone you know has been arrested for or charged with a sex crime in Van Nuys or anywhere in the San Fernando Valley, contact our offices by calling 877-781-1570 today.

Tagged as: sex crime accusations

International Bankers and Los Angeles Criminal Defense Attorneys

Posted on: May 21, 2011 at 12:17 a.m.

There are plenty of people protesting large global financial institutions, but normally those protests are over government bailouts, corporate greed or some other major financial problem. However, former IMF chief Dominique Strauss-Kahn was arrested in New York for attempted rape. Strauss-Kahn was actually taken off of a plane where he was supposed to be flying back to Europe. He was freed from jail after a judge agreed on a $1 million bail on the condition that he be confined to a New York City apartment under armed guard while awaiting trial. The 62 year old banker and international political figure is married and was placed in Rikers Island jail prior to his release. He will not only have to post the full $1 million bail, but will also have to take out a $5 million insurance bond. A trial date was not set, but as any Los Angeles Sex Crime Attorney will tell you, just being out of prison is a relief. Strauss-Kahn is accused of attacking a 32 year old housekeeper at his $3,000 a night hotel suite. The West African immigrant told police that he had chased her down a hallway, forced her to perform oral sex and tried to remove her stockings. The man spent nearly a week behind bars, primarily at Rikers, after a judge denied him bail when originally arrested. The prosecutors in the case claimed he might be a flight risk who would attempt to flee to France and escape justice like U.S. film director Roman Polanski.

The surrounding issues in this case are immense, because the banker is not a U.S. citizen, he is an extremely public figure, he knows some of the most powerful figures in the world and he even predicted someone would falsely accuse him of rape. In a situation like this, having an extremely experienced and successful lawyer defending you could be the difference between decades in prison and freedom. The man has already had his name soiled by this situation, all he can be concerned with is his freedom. This man also needs a lawyer who is not concerned with politics, the media or the general public, only keeping him out of jail. A skilled attorney can help by being an ally when everyone else has fled.

Tagged as: sex crime accusations

Santa Clarita Sex Crime

Posted on: March 25, 2011 at 6:52 p.m.

A Canyon Country man is in desperate need of a Santa Clarita Criminal Defense Attorney after being accused of a serious sex crime. Sheriff's deputies in Santa Clarita were seeking addition victims of a man who was arrested on suspicion of disorderly conduct in a public restroom and possession of child pornography. The alleged crime happened at College of the Canyons.

The man is a resident of Santa Clarita and a student at the college. He was allegedly trying to videotape a 12 year old boy sometime in the evening in a college restroom according to a Sergeant in the Sheriff's Headquarters Bureau. The boy immediately reported the incident to campus security who then detained the suspect. According to Santa Clarita Valley Station deputies, child pornography was found in the man's on campus vehicle. He was held on $45,000 bail and investigators are urging others to come forward if they have experienced the same treatment by the man.

A sex offense such as sexual assault carries severe consequences, such as years in jail, years on probation, fines and being placed on the California Sex Offender Registry. However, when a sex crime involves a child, the consequences are even more dire. Santa Clarita Sex Crime Defense Attorneys who represent people charged with sex crimes know that once a minor enters the picture, the outlook is dim. Juries, judges and prosecutors almost make it their business to put any potential threat to young people behind bars for as long as possible. In this instance, the 12 year old boy made allegations that could lead to the discovery of other potential crimes. A lawyer will have to work incredibly hard in order to protect this particular man from spending decades in prison over these allegations. Another challenge is that this man has not been convicted, merely accused of these crimes.

If you or someone you love has been charged with a sex crime in Santa Clarita, you need a qualified lawyer. Contact the Santa Clarita Defense Attorneys at Kestenbaum Eisner & Gorin, LLP by calling 877-781-1570. With over 50 years of combined experience, our skilled legal time will utilized experts in the field of investigations and some of the best professionals to craft you the best defense possible. With a long track record of success, our lawyers can provide you with the legal representation you will need to stay out of jail and off the Sex Offender Registry. Call us today.

Tagged as: sex crime accusations

Pasadena Sex Crime Defense Attorney

Posted on: March 4, 2011 at 11:34 p.m.

Throughout Southern California, the reality of sex crimes and their consequences is changing the lives of men and women who are facing unbelievable prejudice. Just north of downtown, Pasadena Sex Crime Defense Attorneys are working overtime to keep their clients out of prison. However, for prior sex crimes, it can be difficult to keep repeat offenders on the street. In South Pasadena, a registered sex offender has to make a court appearance for allegedly exposing himself to a female motorist. He was spotted naked and masturbating on the steps of a South Pasadena apartment on Freemont Avenue. The 47 year old man was booked for indecent exposure and a parole violation after officers went to the apartment. The man was spotted around 1:00 PM by the woman who called police.

The man's lawyer will have a challenging time providing a top notch defense, as the woman positively identified the man she saw committing the act. At the time of his arrest, the man was on parole for a drug offense, and according the Sex Offender Registry, was registered as a sex offender for "assault with intent to commit a specified sex offense." He is currently being held without bail on a parole hold pending his arraignment at a court in Alhambra. With two prior convictions, one of which is a sex offense, the man will have to hire a highly skilled, highly knowledgeable Pasadena Sex Crime Defense Attorney in order to either avoid jail time or get the minimum. Being placed on a sex offense registry, which is a part of Megan's Law, means that the general public can view your past sex crimes. It also means that you are prohibited from living and working in certain areas, creating a long list of life long problems.

For anyone facing a sex crime charge, you need to call the Pasadena Sex Crime Defense Attorneys at Kestenbaum Eisner & Gorin, LLP by calling 877-781-1570. With over 50 years of combined experience, we have a long track record of experience with sex crime trial throughout Los Angeles. While it is a scary and lonely thing to be facing jail time for a sex offense, our lawyers will help guide you through the legal process and keep your best interests at heart. Defending people charged with sex offenses in Pasadena requires expert investigators, a keen legal knowledge and a background in the courts, and we employ all three. Call us today.

Tagged as: sex crime accusations

Disturbing Sex Crimes and Los Angeles Sex Crime Defense Attorneys

Posted on: February 28, 2011 at 8:06 p.m.

To defend someone charged with a sex crime, a Los Angeles Sex Crime Attorney must possess knowledge, skill and a unique understanding of the law. Every year, thousands and thousands of men and women are charged with sex crimes, and too many ignore the need for a great defense lawyer. What many people don't know is that being convicted of a sex crime can affect far more than jail time, it can change where you live, where you work and much more!

What people also do not know is that there are many types of sex crimes. While some people are aware of rape and child molestation, there are countless Los Angeles Sex Crimes, including indecent exposure, statutory rape, sexual assault, sex abuse of a minor and more. There are also sex crimes involving animals, an extreme case of which occurred in Phoenix Arizona. While cases can be rare, many attorneys have defended people charged with a sex act with an animal.

In Phoenix, a middle school music teacher is one of two men who is accused of allegedly trying to have sex with dogs. They are charged with conspiring to have bestial-sexual contact with an animal. The men allegedly used the Internet to contact dog owners who offered their canines for sexual intercourse. The two men were arrested after they allegedly agreed to meet a dog handler at a hotel. Both men must wear an electronic monitor and cannot have contact with any animals. The teacher was put on administrative leave and the other gentleman is currently unemployed.

As any Los Angeles Criminal Defense Attorney knows, any sex crime accusation is shameful, even if the alleged criminal is totally innocent. However, a sex crime that is more disturbing, such as sex with an animal, goes even further into public embarrassment. Many times, in cases such as these, the only real ally a defendant has is the lawyer who is defending them.

If you or someone you love has been charged with a sex crime, contact Kestenbaum Eisner & Gorin, LLP at 877-781-1570 today.

Tagged as: sex crime accusations

Los Angeles Sex Crime at an Adult Day Care Center

Posted on: January 28, 2011 at 6:35 p.m.

Three types of sex crimes seem to be prosecuted in a more severe way than all others: sex crimes against children; sex crimes against the elderly; and sex crimes against the disabled. Increased jail time, less sympathy from a jury or judge and years spent on the Sex Offender list are all very real punishments in such a case. A recent case in El Monte highlights just how terrible such a crime is, and just how harshly the general public will perceive anyone involved in a sex crime.

A former employee of an adult day care center pleaded no contest to sexually assaulting three severely disabled women with the mental capacity of children. The plea deal came in exchange for an agreement with prosecutors that he be sentenced to no more than eight years in prison. While eight years is better than fifteen, that is still almost a decade in prison. The 43 year old man actually faced up to 27 years if he had been convicted on all charges, which included multiple assaults and transmission of sexual disease. Each of the victims in this case had severe mental disabilities, including Down's Syndrome, and range in age from 24 to 54.

While there was no comment from the man's Los Angeles defense lawyer, it is obvious the lawyer was working hard behind the scenes. To get a sentence reduced by 19 years is pretty dramatic, and even though eight years is a long time, he will be relatively young when he emerges from prison. Under the terms of the deal, the man will have to serve 85 percent of the sentence and will have to register as a sex offender upon release. One of the worst consequences of being convicted with a sex crime is having to register as a sex offender. Anyone on that list will face limited career options, limited living options and public shame.

If you or someone you know is facing sex crime charges, contact the Los Angeles sex crime defense lawyers Kestenbaum Eisner & Gorin. We have the experience, skill and knowledge to any case they work on.

Tagged as: sex crime accusations

Los Angeles Sex Crime Defense Attorneys and San Gabriel Valley

Posted on: January 6, 2011 at 6:54 p.m.

A horrible tragedy occurred recently, highlighting why it is so important to have a Los Angeles Sex Crime Defense Attorney working hard on your behalf to keep you out of prison. A registered sex offender was murdered by his cellmate while serving a 30 year sentence for sexually molesting a girl in 2008. It is widely known that sex offenders are easy prey in prison, as inmates and even guards go out of their way to continue any punishment they feel fits the crime. This means that more than just freedom is on the line for anyone charged with a sex offense. When a Los Angeles Sex Crime Defense Attorney represents someone facing serious sex crime accusations, he understands the dangers that individual will face if he or she is thrown in jail.

In this case, Jaime Elizondo was found dead in his jail cell at High Desert State Prison in Susanville in December 2010. It appeared that there were "suspicious circumstances" according to Lt. Charles Hahn. An investigation is under way to find out exactly what happened. The prime suspect in the case is Steven Cisneros who has been placed in the prison's administrative segregation unit pending the investigation. Elizondo was put in jail in September after being convicted of "lewd and lascivious acts on a child under 14 with prior felony convictions." He had exposed himself to a girl inside an Arcadia bookstore before the most recent conviction. He arrived int he prison on November 30, the same day his alleged attacker arrived. Cisneros was serving a sentence of 56 years to life for murder with prior felony convictions. The District Attorney is investigating the crime as well and various other legal bodies are lending a hand.

As you can see, being a sex offender in prison can make you a target to other prisoners. The punishment never seems to end for anyone charged with a sex crime. The general public considers sex offenders as lower than dirt, the courts have increasingly harsh sentences, and even fellow convicts and criminals judge them guilty. Without a skilled Los Angeles Sex Crime Defense Attorney working for you, you could be all alone and facing a lifetime of cruel and unusual punishment. If you have been charged with, arrested for or accused of a sex crime, contact Kestenbaum Eisner & Gorin, LLP by calling 877-781-1570. We can help analyze your case and be on your side, even when the world seems to be against you.

Tagged as: sex crime accusations

Sex Crimes and Los Angeles Criminal Defense Attorneys

Posted on: December 21, 2010 at 11:02 p.m.

When a Los Angeles Sex Crime Defense Attorney represents someone, he knows that the charges are probably fairly embarrassing and graphic. However, a highly skilled lawyer will defend his client no matter how complex, difficult or shocking the case may be. Sex crimes require a lawyer who understands the law and who can defend someone facing decades in jail if convicted.

In South Los Angeles a day care center operator has been accused of lewd acts with a 13 year old. The woman is accused of having sex with her teenage godson in a van. Chelsea Nichole McClelland was arrested near the Santa Monica Freeway and La Brea Avenue and is charged with suspicion of multiple instances of lewd acts with a child. She is being held in lieu of $400,000 bail in Van Nuys. She operated a day care center out of her home according to the Los Angeles Police Department. When resident reported seeing a van parked in the Mid-City area, a boy was found inside and he told them he was 18. However, after the LAPD sex crime detectives interviewed him, he acknowledged he was only 13. Some of the lewd acts took place allegedly when the boy was only 12 years old. The woman has three biological children of her own and is the legal guardian of a fourth.

In another case that required a Los Angeles Sex Crime Attorney, a man who taught school in Cambodia was sentenced to nearly nine years in Los Angeles to a federal prison for traveling abroad to have sex with a 14 year old girl. The 61 year old man was sentenced to 104 months in jail and was ordered to pay nearly $10,000 in restitution to the victim. The man pleaded guilty in September as part of a plea agreement to one count of engaging in illicit sexual conduct with a minor in Cambodia. He had a sexual relationship with the girl for five months in 2008 while he was teaching there at a private school. He actually had a "financial arrangement" with the girl's family and gave them food and about $200 a month .

If you or someone you know has been charged with a sex crime in Los Angeles, contact Kestenbaum Eisner & Gorin, LLP today by calling 877-781-1570.

Tagged as: sex crime accusations

Sex Crimes in Granada Hills

Posted on: November 30, 2010 at 6:58 p.m.

The San Fernando Valley is no stranger to sex crimes and sex crime accusations, and the San Fernando Criminal Defense Attorney who has to represent someone charged with a sex crime is facing an uphill battle. When the sex crime involves violence or children, then the penalties and life time consequences become even more serious. Recently, a teacher at a Christian school in Granada Hills went to court, facing 20 sex related charges involving the alleged molestation of an underage student. The man, who is on leave from Hillcrest Christian School in Granada Hills is scheduled to be arraigned in San Fernando Superior Court in December. There was no comment from his San Fernando Criminal Defense Attorney, and no word on whether he had hired a private attorney to defend him.

The man is a 51 year old teacher who is charged with 16 counts of oral copulation with a person under the age of 18 years old, three counts of unlawful sexual intercourse and one count of sodomy of a person under the age of 18 years of age according to the District Attorney's office. He was arrested in November by detectives from the Los Angeles Police Department's Sexual Assault Unit and released on bail. However, he was re-arrested later in November in connection with the charges and is currently in jail in lieu of $1 million bail. The alleged crimes occurred between April and November of this year, and police declined to offer the age or gender of the alleged victim. If this man is convicted, he faces a maximum state prison term of 15 years and eight months, as well as a lifetime on the California Sex Offender Registry. He has been employed at the school for eight years where he served as a health teacher, athletic director and assistant coach for the boys basketball and baseball teams.

As you can see, the consequences of being convicted for a sex crime against a minor are more than serious. The only real defense would be to hire a highly skilled, highly experienced San Fernando Criminal Defense Attorney to represent you in and out of court. At Kestenbaum Eisner & Gorin, LLP, our attorneys possess over 50 years of combined experience, including many years in local District Attorneys' Offices. Their unique level of knowledge about the courts, prosecution tactics and police investigations allows us to provide our clients with top notch legal representation. If you have been charged with a sex crime, call us today at 877-781-1570.

Tagged as: sex crime accusations

Los Angeles Sex Offenders and KTLA

Posted on: October 28, 2010 at 11:40 p.m.

Audiences and Los Angeles Sex Crime Defense Attorneys paid special attention to a recent news cast on KTLA after a paroled sex offender surrendered to authorities on television after finding a reporter on an East Los Angeles street. Valentino Rodriguez Jr. was interviewed by KTLA's Eric Spillman. Rodriguez was wanted after cutting off his GPS tracking device and was interviewed live by Spillman. Station authorities notified authorities and a short time later Rodriguez was arrested by the Los Angeles County sheriff's department. The man told Spillman that he wanted to surrender after the Lord told him to. He says he cut off his GPS ankle device because he was paranoid and suicidal.

Los Angeles Criminal Defense Attorneys deal with ankle devices all the time, because they are often used to track habitual offenders for sex crimes, drunk driving and more. The GPS monitors people under house arrest by sending a radio frequency containing location and other information to a receiver. If the device is taken outside a certain range, the wearer could be facing a probation violation and without a skilled lawyer he or she could spend years in jail.

Los Angeles sex offenders face a challenging legal situation. They have to navigate courts that want to either put them in jail or limit their overall freedoms, they have to face juries that are often not on their side and they have to face a general public that wants to completely eliminate them from society. Whether or not the alleged sex offender has committed any crime, the general public is always against you. This is just another reason you need a skilled Los Angeles Criminal Defense Attorney on your side who will stick by you and be your advocate throughout the trial and pretrial processes.

If you or someone you love has been accused of a sex crime, contact the Los Angeles Lawyers at Kestenbaum Eisner & Gorin, LLP by calling 877-781-1570 today. Our legal professional are top rated by prominant legal ranking systems and our over 50 years of combined experience will help provide you with the best defense possible. Call us today for your initial consultation.

Tagged as: sex crime accusations

Sex Crime Problems

Posted on: October 7, 2010 at 8:13 p.m.

In Los Angeles, when a man is arrested for a sex crime, he's usually in for a serious set of consequences such as jail time, heavy fines, probation, mandatory counseling and being placed on the sex offender registry. However, it seems across the country there are double standards for how courts treat men and women accused of sex crimes. Either way, it's vital to have a Los Angeles Criminal Defense Attorney representing you, no matter your gender or age.

In Ohio, a 31 year old woman posed as a teenage boy in order to have sex with underage girls. Patricia Dye was convicted of using the alias "Matt Abrams" in order to date 16 year old girls, one of whom ran away from her mother in order to live with Dye. Dye admitted, after her arrest, that she attempted to make her boyish looks more believable by cutting her hair into a short, androgynous style. A judge sentenced Dye to jail and put her on a two-year probation. The jail term is only six months, however she must register with authorities as a sex offender every six months for the next 15 years. Some critics are complaining that if the situation involved a man, there would have been a great deal more jail time involved in the sentencing, which may be true. However, Dye was still sentenced to 15 years of registering as a sex offender, which will affect her job, where she can live, and pretty much the rest of her life.

A skilled Los Angeles Criminal Defense Attorney can provide the best defense possible, anyone accused of a sex crime must contact their lawyer immediately and offer a one hundred percent true story to the attorney, leaving out no details. Only when a lawyer knows all the facts about the case can he offer the best defense possible. While you may feel nervous about being honest about potentially life changing situations, an experienced lawyer will offer complete trust to any client.

At Kestenbaum Eisner & Gorin, LLP, our Los Angeles Criminal Defense Attorneys can provide the kind of defense necessary to stay out of jail and free from fines. With the stakes being so high for any sex crime charge, you need a highly skilled lawyer with a track record of success. Our criminal defense firm offers just that level of experience. If you or someone you know has been charged with a sex crime, contact our defense lawyers today at 877-781-1570.

Tagged as: sex crime accusations

Southern California Child Pornography Charges

Posted on: September 15, 2010 at 8:07 p.m.

In Orange County, a man has been convicted of possessing child pornography and annoying a 12 year old girl at a public library. Such sex crimes as these lead to severe consequences which include prison, fines, years of counseling and a life time inclusion on the California Sex Offenders list. People facing serious crimes like these need a skilled Los Angeles Sex Crime Defense Attorney fighting on their behalf in and out of court. This particular man was from Stanton and pleaded guilty to a court offer of one misdemeanor count of possession of child pornography and one misdemeanor count of child annoyance.

The man allegedly followed three girsl into the Stanton library on July 13, causing them to feel uncomfortable. He then allegedly followed the three girls back outside and asked the 12 year old if she would take a photo of herself and send it to his cell phone. He was arrested after the girl told the authorities what was happening. Upon investigating, police found a pornographic photo of another child on his cell phone. He will be sentenced to one year in jail, three years of formal probation and mandatory sex offender registration.

Sex crimes in Southern California can lead to life long consequences if you are convicted. With a skilled Los Angeles Sex Crime Defense Attorney representing you, you stand a much better chance of avoiding many or all of these penalties. Sex crime investigations involve looking into your past, talking to your neighbors, psychological evaluations and much more. Without an experienced lawyer guiding you through this difficult and stressful process, you may not stand a chance against the best lawyers employed by the government.

Tagged as: sex crime accusations

College Athletes and Sexual Assault

Posted on: August 30, 2010 at 8:35 p.m.

Every time a Los Angeles Sex Crime Defense Attorney represents someone charged with sexual assault, he knows it is going to be a long hard journey towards an acquitlal. The consequences of just being charged with sexual assault is brutal, let alone if you are convicted. To make matters worse, the consequences are not just going to be legal; if you are charged with sexual assault you will face punishment from the law, punishment from friends, peers and community leaders, punishment from your work place and potentially more.

A recent example that Los Angeles Criminal Defense Attorneys know happens all too often is that of suspended running back Derrick Washington of Missouri. Washington is a star running back who was charged with sexually assaulting a former tutor over the summer. He is facing a singly felony deviate sexual assault charge. As a result of this charge (not a conviction mind you, but a charge) Washington was suspended and served with a protection order. He has been the leading running back for his college team the last two seasons. As any lawyer knows, this charge, in addition to the arrest of a teammate the day before, will lead to serious legal repercussions, punishment from this school and potentially more. Because Washington is being charged with a felony sex crime, he is not allowed back onto the field until the case is resolved.

For any person in Los Angeles, being charged with a sex crime is a serious offense. And, while there are some more acceptable forms of sex crimes, sexual assault is severely punished. If someone picks up a prostitute, or is arrested for indecent behavior, the charge can often be explained away. However, sexual assault is rape, and there is a zero tolerance policy for rape in any form.

Tagged as: sex crime accusations

Child Pornography Crimes

Posted on: July 26, 2010 at 11:30 p.m.

With sex crimes having such dire consequences, one would think that an attorney would be the last person guilty of owning, viewing or distributing Child Pornography. However, one case is Kansas shows just how dumb some people can be, as well as how important it is to have a skilled, experienced Los Angeles Sex Crime Defense Attorney if you find yourself accused.

A partner of the largest law firm in Kansas is accused of sending Child Pornography to a child while in his office. He is even the son of a very important legal figure in Kansas, a former judge and former partner of the same law firm. The man allegedly used his webcam multiple times to send pictures of himself in a sex act to an FBI agent posing as a 14 year old. He also allegedly encouraged the person posing as a 14 year old girl to send photos back to him. The photos of the lawyer were actually taken in his law office! Child Pornography charges are severe enough, now he has involved his work place in the alleged events.

Public outrage over Child Pornography charges can ruin a person's life, whether or not the individual is guilty. This is why it is absolutely necessary to have a Los Angeles Sex Crime Defense Attorney if you have been accused of possessing, distributing or manufacturing Child Pornography. If you are convicted of this particular sex crime, you are in danger of:
  • Imprisonment
  • Listing on the California Sex Offender Registry
  • Limited job and housing options
  • and much more
Anyone charged with, accused of or arrested for Child Pornography crimes should contact the Los Angeles Sex Crime Defense Attorneys at Kestenbaum Eisner & Gorin, LLP by calling 877-781-1570. With over 50 years of combined experience, our lawyers will work hard to provide you top notch legal representation.

Unless you want to be severely punished in court and in public for having pornographic images of minors (under 18 years of age), you need a qualified lawyer. The courts and prosecution may force you to plea bargain without giving you proper information, meaning you need a Los Angeles Sex Crime Defense Attorney to provide you with proper legal representation.

Tagged as: sex crime accusations

San Fernando Sex Crime Defense

Posted on: July 21, 2010 at 8:03 p.m.

Los Angeles County, and specifically the San Fernando Valley, is a hot spot for sex crime accusations, making a San Fernando Sex Crime Defense Attorney incredibly important. There are a number of factors which impact how often a person is accused of a sex crime, such as: working with the opposite gender, working with minors, having physical contact with numerous individuals, etc. In fact, certain jobs and professions can create multiple opportunities for a law abiding citizen to be accused of a San Fernando Sex Crime.

Teachers throughout the San Fernando Valley are often under heavy criticism and scrutiny due to a number of factors. Teachers are often held to difficult standards by parents, teachers, politicians and even education administrators. Making matters worse, students can often accuse teachers of certain activities or crimes out of spite, and not out of their actual conduct. Sometimes these accusations are legitimate, other times these accusations spring forth from a student who wants to get a teacher in trouble for giving them a poor grade. Regardless, being on constant proximity to minors puts any teacher at a greater risk of being accused of a sex crime than many other professions. Being a teacher can also make the penalties for a sex crime more intense, making a quality San Fernando Sex Crime Defense Attorney a necessity.

A recent case involves a middle school teacher in the Hollywood area. The teacher resides in the San Fernando Valley and was arrested on suspicion of possession of child pornography. He's been teaching since 2001 and turned himself in to authorities without incident. Police are also concerned he may have communicated with minors online via Yahoo Messenger. Anyone in such a difficult situation is going to face a difficult legal battle, making a quality San Fernando Sex Crime Defense Attorney incredibly important. Beyond jail time, this individual could be facing a lifetime on the Los Angeles Sex Offender Registry, years of probation, limited career options and more.

Tagged as: sex crime accusations

Los Angeles Fashion Designer Gets 59 Years in Prison

Posted on: September 8, 2009 at 9:56 a.m.

Los Angeles criminal defense attorneys work hard to keep their clients out of prison and free from fines. While people may think they understand how important it is to have a quality Los Angeles criminal defense attorney, it isn't until a high profile individual gets major jail time that the message hits home.

A Los Angeles fashion designer was sentenced to 59 years in prison for various sex crimes, having been accused of sexually assaulting various models over the years. Fashion designer Anand Jon Alexander was sentenced in a Los Angeles Superior Court room after being convicted of14 counts including forcible rape. He was found not guilty of four felonies, and jurors could not reach a verdict on three counts.

The Anand Jon story was a very high profile story as he was a celebrity designer, working with many Los Angeles celebrities. The defendant claimed that law enforcement was conspiring against him, making the trial all the more volatile in nature. During the sex crime trial, a stream of beautiful women went into the jury box and told stories of how the famous designer sexually assaulted them in different ways, often using his stature in the fashion world against his alleged victims. some of the girls who claimed to have been sexually assaulted by Anand Jon were only teenagers, one as young as 14.

A highly skilled Los Angeles sex crime defense attorney is often the difference between decades in prison and freedom. Los Angeles courts can be seriously biased against any sex crimes defendant, which means that an experienced Los Angeles criminal defense attorney is all the more necessary. An attorney must be experienced with Los Angeles courts, Los Angeles sex crime law, Los Angeles law enforcement and more in order to get the best results possible for their client. Such complex cases can be very high profile, and dealing with a jury or a judge requires a special legal skill which only a few Los Angeles criminal defense attorneys possess.

At Kestenbaum, Eisner & Gorin, our sex crime defense attorneys have decades of experience with Los Angeles sex crime laws; they can offer top notch legal representation as well as unparalleled legal counsel.

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Los Angeles Rape Defense

Posted on: August 14, 2009 at 7:38 p.m.

Any Los Angeles rape is obviously a serious issue, but for the victim and the alleged perpetrator. Sex crimes can lead to serious prison time, long periods of probation, fines and even being placed on the California Sex Offense Registry.

A recent sex crime case involved a government official and a great deal of intrigue. The general manager of the Los Angeles Department of Building and Safety has been placed on administrative leave by the mayor. This happened because the general manager is under a Los Angeles police investigation into a rape allegation made against him. In this sex crime, a woman alleged that the man sexually assaulted her at his downtown condo.

Los Angeles police are current investigating these allegations, however the man's Los Angeles criminal defense attorney is stressing that the accusations have not been proven. Allegedly, the woman went with friends on a "bar hopping" trip and after several drinks she blacked out. When she woke up the next morning, she says she was being raped by a man she later identified as the general manager.

In a sex crime trial, dealing with the jury could be difficult, and a Los Angeles criminal defense attorney must navigate the courtroom without offending the jury. If he portrays the victim as a tramp, the jury could turn on his client. If the attorney is too kind, the jury could wonder if he knows his client is guilty.

If you or someone you love is accused of a sex crime, contact the criminal defense attorneys at Kestenbaum, Eisner & Gorin at 877-781-1570.

Tagged as: sex crime accusations

Sex Crimes and Los Angeles

Posted on: July 31, 2009 at 6:56 a.m.

Los Angeles sex crime defense attorneys work hard to represent those charged. Sex crimes are difficult to battle against, in part because of the social stigma associated with the crime. The general public will often find anyone accused of a sex crime guilty, even before they are prosecuted.
In a recent case, NFL star Ben Roethlisberger of the Pittsburgh Steelers has been accused of raping a Nevada woman. The woman, a Harrahs Lake Tahoe Hotel and Casino VIP Services Manager, has filed a civil suit against the quarterback claiming he asked her to come to his hotel room to fix a broken television set. After determining that there was nothing wrong with the television, the woman, whose identity has been withheld, claims Roethlisberger blocked the doorway, pushed her onto the bed and raped her. The lawsuit filed by the woman states that she had met Roethlisberger several times in the past when he had participated in an annual celebrity golf event hosted by the resort. The woman claims she reported the incident to the hotels chief of security, Guy Hyder. The lawsuit accuses Hyder and several other Harrahs employees of covering up the incident and making derogatory remarks about her character. No Nevada law enforcement agencies were contacted by the woman and there were no criminal charges filed or investigations into the allegations taking place. Since Roethlisberger is not being accused of a criminal offense, he will not serve jail time if he is found guilty in the civil suit. The woman accusing him of rape is suing Roethlisberger for $380,000 in medical expenses for the treatment of depression, anxiety and post-traumatic stress disorder, $30,000 in lost wages and an unspecified amount of damages. Since this is a civil case and not criminal, neither the Steelers nor the NFL have released any statements as to what kind of punishment, if any, Roethlisberger will be given.

The sex crimes of rape and sexual assault charges are nothing to take lightly. Even if this case does not appear on Roethlisbergers criminal record, it could permanently damage his good reputation. Had this woman filed criminal charges against Roethlisberger, he could have been facing as much as eight years in a state prison, in addition to probation or parole.

Just because someone makes an allegation against you does not mean that there is no way to defend yourself against it. Insufficient evidence, lack of witnesses and the absence of DNA evidence are some of the strongest defenses against sex offense charges. If you have been accused of a sex crime such as rape or sexual assault, call the Los Angeles criminal defense attorneys at Kestenbaum, Eisner & Gorin.

Tagged as: sex crime accusations

Sexual Assault at USC

Posted on: April 20, 2009 at 7:13 a.m.

Sexual assault in Los Angeles is a challenging crime, Los Angeles criminal defense attorneys regularly defend men and women in all walks of life who are charged with this crime. In Los Angeles, sexual assault can lead to years in prison, a life of shame and other consequences. Colleges in Los Angeles are, unfortunately, full of sexual assault accusations.

University of Southern Californias Lambda Chi Alpha fraternity has been suspended while Los Angeles police investigate as many as three claims of sexual assault by women who went to a party at the fraternity house this past Wednesday. One 19 year-old student told investigating police officers that she passed out from drinking while at the party and awoke to find herself partially undressed. The student believed she had been molested. Los Angeles police are currently looking for additional evidence and witnesses. Claims such as this are fairly common on college campuses, but they should never be taken lightly.

Sexual assault is usually defined as unlawful sexual touching, whether by force, restraint or intoxication that is unwanted by the victim, or upon someone physically or mentally disabled. A conviction for a sexual assault charge can be punished by up to one year in county jail, probation, fines and lifetime registration with Californias sex offender registry. Sex crimes in California are particularly serious because of the frequent requirement to register with the states sex offender registry, which is online and available for the general public to access. Anyone from a neighbor to a landlord to a potential boss can look you up and see exactly what crime you were convicted of. In that manner, sex crimes like sexual assault can follow you around well after you have completed whatever punishment a judge has handed down to you.

That is why finding an experienced criminal defense lawyer is so important if you have been charged with a sex crime. A strong criminal defense attorney knows that sex offense cases often hinge on consent, lack of witnesses and insufficient evidence. The right lawyer will look tirelessly through the body of evidence against you to see if any of it is inadmissible in court and fight hard to help you defend your good reputation.

If you have been charged with sexual assault, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Their combined 50 years of courtroom experience is exactly what you need on your side when your reputation and even your freedom are at stake.

Tagged as: sex crime accusations

Sex Crimes and Politics in Los Angeles

Posted on: April 13, 2009 at 1:05 p.m.

Vernon is an unincorporated area east of downtown Los Angeles. A recent high-profile case of sex offenses has put the area in the news since it involves the son of a mayor. Los Angeles criminal defense attorneys know that defending sex offenses and sex crimes is a major challenge in Los Angeles, and being a high-profile individual can further complicate matters.

John Malburg, the 40-year-old scion of the family that founded the tiny, cloistered industrial city of Vernon, was sentenced Friday to eight years in prison after pleading guilty to sexually molesting one boy and videotaping another one for commercial purposes.

The case against Malburg, who was the dean of students at now-closed Daniel Murphy Catholic High School in the Fairfax district of Los Angeles, arose out of a public corruption investigation that involved him; his mother, Dominica, 83; and his father, Vernon Mayor Leonis Malburg, 80.

Three years ago, investigators serving search warrants in the voter fraud probe stumbled onto evidence that the younger Malburg was sexually abusing children. Authorities said one 17-year-old student appeared in a sexually explicit tape in exchange for a higher grade and money. The boy Malburg was convicted of molesting was between the ages of 10 and 15 when the abuse occurred, said Deputy Dist. Atty. Richard Taklender of the sex crimes division. Malburg had been a therapist for the boy when the abuse began, Taklender said.

A sex crime is an illegal sex act, or illegal form of human sexual behavior, as defined by the state and federal government. People who are convicted of sex crimes are called sex offenders. In the state of California, all sex offenders must list them selves on the Sex Offender Registry for an indefinite amount of time. This Registry is accessible to the public, which means that future employers, landlords, educational facilities, and neighbors will be able to obtain this information.

If you have been charged with a serious criminal offense, do not hesitate to call Kestenbaum, Eisner & Gorin, LLP at (877) 781-1570. Our knowledgeable legal team can evaluate your case and advise you of your legal options.

Tagged as: counterfeit goods pc 350, sex crime accusations

Statutory Rape in Los Angeles

Posted on: March 19, 2009 at 12:16 p.m.

Los Angeles rape charges are serious, most people know that. Los Angeles statutory rape charges are also serious, and any Los Angeles rape defense attorney will tell you that there are serious consequences that go along with statutory rape.

Everybody knows that the difference between a rape charge or allegation and normal life is consent. There are, however, some instances where readily given consent does not legally apply to a sexual situation. Statutory rape is one such instance. In Los Angeles, the legal age of adulthood is generally 18, and anyone under the age of 18 is considered a minor. In most states, including California, this is also the legal age at which someone can consent to a sexual act with another person over the age of 18.

If one of the people involved in a particular sex act is over the age of 18 and one is not, this generally constitutes statutory rape and can incur a criminal charge. Even within this situation, however, there is a three year "window." Most Los Angeles statutory rape defense attorneys will tell you that in order to avoid a statutory rape charge in a situation involving a minor, both participants must be no more than three years. For example, if one of the participants is 17 and one is 21, then there are grounds for a statutory rape charge, unlike a situation where one participant is 19 and one is 16. Even a situation involving a 15 year old and an 18 year old would technically be allowable by legal standards. Charges for statutory rape in Los Angeles can be brought up both by the victims parents and the state, even if the victim insists that the act was consensual. The laws in this case do not view the victim as old enough to have given consent to a sex act without qualification and attempt to keep minors from being taken advantage of sexually by an adult, or even an older minor. Some statistics estimate that of the average age difference between a teen victim of statutory rape and an adult defendant is seven years and nine months.

Sex crimes are rigorously prosecuted and punished in California and statutory rape is no exception. The majority of sex offenses are classified as felonies and can incur punishments such as several years in a state or county jail, community service, heavy monetary fines, probation or parole and lifetime registration with Californias sex offender registry. If you have been accused of statutory rape, call the attorneys at Kestenbaum, Eisner & Gorin, LLP right away to begin preparing your case.

Tagged as: sex crime accusations

Los Angeles Sex Crimes and Megan's Law

Posted on: February 13, 2009 at 9:46 a.m.

Los Angeles sex crimes attorneys regularly battle against laws that have penalties which far outweigh the crime. Sex crimes and sexual offenses in Los Angeles are highly emotional crimes when it comes to penalties, but as most qualified Los Angeles sex crimes defense lawyers will say, the overwhelming penalties involved are unconstitutional and overaggressive.

Being charged with a sexual offense is nothing to be cavalier about. Recent trends in legislation and law enforcement make sexual offense crimes that can follow people around for the rest of their lives. In Los Angeles, convicted sex offenders are required by law to list themselves on the state's Sex Offender Registry for indefinite periods of time. This registry, which includes the home address of a listed sex offender, is accessible by the public. Any landlord, potential boss, school or neighbor will be able to look up your information and know exactly which crime you were convicted of.

Sex crimes in Los Angeles can be much more difficult to prove than any other crime, and in some cases, consent is the determining factor. However, even if explicit consent is given, it is legally invalid in cases involving a minor, the mentally incapacitated and the unconscious or intoxicated. In cases of alleged child molestation, false accusations are actually fairly common as children can easily be influenced by adults to say things that are untrue. All of these factors can be difficult to prove or disprove, and a skilled Los Angeles sex crime attorney with experience in fighting sex crime charges is essential.

Some commonly committed Los Angeles sex crimes include: rape, statutory rape (sex with a person under 18), date rape, lewd conduct, indecent exposure, sexual abuse or assault, child pornography, child molestation, prostitution, pandering (procuring the services of a prostitute for a third party) and the distribution of illegal pornography. Punishments for these sex crimes include: prison time, heavy monetary fines, restitution, court-ordered counseling, community service, probation, parole and mandatory registration with the state's Sex Offender Registry.

Don't let your life be forever changed by a sex crime accusation. If you are being accused of a sex crime, contact the attorneys at Kestenbaum, Eisner & Gorin LLP immediately to begin preparing your defense.

Tagged as: sex crime accusations

How Restricted Are the Lives of Sex Offenders?

Posted on: February 3, 2009 at 11:59 a.m.

In the state of California, if you are convicted of being a sex offender, your penalties could include a fine, jail time and registering on California's sex offender registry (which is a life time deal). Los Angeles sex offender lawyers will also tell you that the repercussions of being convicted of a sexual offense ripple throughout every area of your life.

There have been many stories done by the media on how sexual offenders are limited in job prospects, in where they can live and so on. Now, it seems, sex offenders aren't even allowed on certain Websites.

MySpace officials say about 90,000 sex offenders have been identified and removed from its huge online social networking Web site. The North Carolina Attorney General said the new figure is nearly double what MySpace officials originally acknowledged last year when detailing who had used their site. Attorneys General throughout the nationled the charge seeking efforts to make social networking Web sites safer. MySpace officials sent the numbers on how many sex offenders they'd kicked off on Wednesday. Last year, the attorneys general received agreements from MySpace and rival online networking site Facebook to push toward making their sites safer for young users. Both implemented dozens of safeguards, including limiting how older users can search members under 18.


Of all crimes, sexual offenses tend to be the most vigorously prosecuted by law enforcement and district attorneys. There are a variety of sex acts that are considered illegal. Commonly committed sex crimes include: rape, statutory rape, date rape, lewd conduct, indecent exposure, sexual abuse, sexual assault, child pornography, child molestation, prostitution, pandering, and distribution of illegal pornography.

Kestenbaum, Eisner & Gorin, LLP is a criminal defense law firm that has been helping clients throughout Southern California contest their criminal charges and obtain superior results for years. Our skilled sex crimes attorneys have over 50 years of collective court room experience and we are fully prepared to undertake our clients cases.

Tagged as: sex crime accusations

Child Prostitution in San Bernardino

Posted on: January 20, 2009 at 7:35 a.m.

Child prostitution is a terrible crime, something that causes children to suffer throughout the world. Most people seem to think that child prostitution is something that doesn't happen in America today, but those people would be terribly wrong.

Ontario and west San Bernardino county are being investigated for multiple cases of child prostitution.

One is of a 45-year-old man arrested by Montclair police and accused of pimping a 13-year-old runaway and having sex regularly with her, all while wearing a GPS ankle bracelet that kept track of his whereabouts for authorities. According to court documents, the man accused of pimping the 13-year-old girl is Reginald Edward Christopher of Riverside. The girl, who called herself Baby Face 13 on the screen saver of her phone, said she was sleeping behind a Dumpster in an apartment complex in Ontario when Christopher picked her up and allegedly turned her to prostitution. The parolee was wearing a GPS ankle bracelet. Authorities said he lived in his 2005 black Cadillac and was required by the terms of his parole to be in a Riverside Park & Ride every night by 10 p.m. and to remain there until 6 a.m. Investigators said in court documents that it didn't prevent Christopher from having sex every night with the girl. He just took her along with him.

The second case involves a 26-year-old woman arrested by Ontario police and accused of pandering by procuring a minor under the age of 16 for prostitution. Investigators say she met the 14-year-old San Diego girl in a shopping mall and won her friendship with gifts and guile. The story of the young victim was reported in earlier stories as the one put into prostitution on weekends, so that she could go to school and her parents wouldn't find out.

According to the United States Department of Justice, it is estimated that about 293,000 American youth are currently at risk of becoming victims of commercial sexual exploitation.

Tagged as: sex crime accusations

Sex Crimes, Minors and Schools

Posted on: January 13, 2009 at 7:59 a.m.

Los Angeles sex crimes attorneys know that laws are often written based upon the fears of the general public. For example, the penalties and laws surrounding sexual offense and sex crimes involving children are specific, broad and severe. The reason is that parents are protective of their children, and politicians want citizens to feel protected by the law. Los Angeles criminal defense attorneys know that when protecting someone accused of a sex crime involving a minor, they are fighting an uphill battle.

For example, a women was recently charged with forcing a minor to have sex with her and smoke marijuana with her. The woman accused of the sex crime is a guidance counselor at Santa Clarita High School.

The complaint filed in Chatsworth Superior Court alleges the William S. Hart High School District should have prevented guidance counselor Roselyn Hubble, 33, from abusing, molesting and harassing the boy, now 16, while he attended Golden Valley High School. The complaint alleges the alleged sexual contact occurred from January through September 2007.

Charges such as these have far ranging consequences for the accused. The women, who has only been accused mind you, will most likely be found guilty in the court of public opinion of this sex crime, and this will affect the rest of her private and professional life. For example:

With more and more employers doing deep background checks, even if found not guilty the woman faces a lifetime of rejections from any school district.

  • If found guilty, the woman may be placed on the sexual offender's list per "Megan's Law."

  • Many communities will attempt to keep this woman out of their neighborhoods should they find out what she's been accused of, which means she will be severely limited in finding housing.

  • If she is found guilty and has to register as a sex offender, her career options will be limited, and she surely have to end her education career.

California Sex Crime Legal Penalties
Of all crimes, sexual offenses tend to be the most vigorously prosecuted by law enforcement and district attorneys. Once a person is convicted a sexual offense, he/she may be punished with:
  • imprisonment
  • large fines
  • restitution
  • court ordered counseling
  • community service
  • probation
  • parole
  • mandatory Sex Offender Registration

Tagged as: sex crime accusations

Major Challenges Involving Sexual Assault

Posted on: January 8, 2009 at 9:51 a.m.

Los Angeles sexual assault attorneys understand the difficulties in defending individuals accused of sexual assault, rape and so forth. Juries are often swayed by their emotions, laws heavily favor the accuser and the individual accused of sexual assault may not properly cooperate with the Los Angeles sexual assault attorney.

When a case is complex, or involves odd outside factors, it makes a sexual assault defense attorneys job that much more difficult.

In Santa Ana, three young men are charged with a sexual assault case that, should they get the maximum, could net them 18 years each in prison. The three men, two of whom play football for Santa Ana College, were charged with raping and sexually assaulting a drunk or unconscious woman last summer and videotaping the crime. The sexual assault took place in July of 2008 at a hotel room. The three men allegedly took turns videotaping and sexually assaulting the girl who allegedly passed out, either from drugs or drinking.

An associate of one suspect discovered the 19-minute recording Dec. 28 and gave it to police, Tustin police Lt. John Strain said. All three suspects are being held in the Orange County Jail on $100,000 bail.

The video tape could make the case difficult to defend for the following reasons:

  1. The girl may not even need to testify because the tape could be used as evidence.

  2. The tape may not show whether the group of people were role-playing (which has been used for a defense in the past).

Tagged as: sex crime accusations

Sexual Assault DNA Problems for the LAPD

Posted on: October 23, 2008 at 8:27 a.m.

Los Angeles criminal defense attorneys have been paying a great deal of attention to recent reports regarding the Los Angeles Police Department. As many as 200 potential sexual assault cases have gone without prosecution because Los Angeles police officials failed to meet legal deadlines to test DNA evidence that might have identified a suspect.

The audit revealing the failure in these sexual assault cases was the second critical assessment of LAPD forensic work in as many weeks. A confidential report last week disclosed shoddy work by the department's fingerprint experts that had falsely implicated people in crimes.

Chief William J. Bratton said late Monday that he had set up a task force to examine the Scientific Investigations Division, which oversees the department's fingerprint analysis unit and DNA lab. He said he had asked the FBI and Los Angeles County district attorney's office to join the task force probe.

The LAPD has a backlog of 7,000 sexual assault test kits that have not been examined. Of those cases, 217 are beyond the 10-year statute in which to prosecute the crimes, according to the report. Surely, many Los Angeles criminal defense attorneys will want to know the names of the people named in these cases, as well as other cases where the statute of limitations may have passed on evidence.

Each kit, officials say, contains a potential genetic road map to the perpetrator of a crime.
Unlike the Hollywood portrayal of high-tech crime fighting on police shows such as "Law & Order" and "CSI," the LAPD's ability to analyze evidence seemed "stuck in an era of Wyatt Earp."

The LAPD has been repeatedly criticized for its huge backlog of untested DNA evidence, but officials have said that they lacked the money to move faster on the cases. Bratton said his department needed more staff and at least $7 million to address the backlog. Bratton said he was so frustrated that he turned to the Los Angeles Police Foundation to raise private funds. So far $1.5 million has been raised.

Now the unit that tests the kits is working at maximum capacity and is able to keep up only with the new cases and ones that must be processed because the statute of limitations is close to expiring.

Auditors also found that the LAPD was failing to comply with a state law that requires sexual assault victims to be notified by the police if their rape kits are not tested within a two-year period. Bratton said such failures would be among the issues that the task force would take up. If authorities had made those notifications the statute of limitations would have been extended.

LAPD officials acknowledged that some kits were beyond the legal deadline, but said it was possible that some of those cases had been prosecuted using other evidence. They added that some of the stored DNA evidence may be tied to crimes other than sexual assault.

The problem of untested DNA evidence is not unique to the LAPD. Forensic labs throughout the nation have been swamped by demands, not only from regular investigators but also from "cold hit" squads seeking breaks in long-dormant cases and from convicts with claims of innocence. According to U.S. Justice Department statistics, more than 500,000 unsolved crimes, including 169,000 rapes, have untested DNA evidence.

Tagged as: sex crime accusations

Supreme Court Strikes Down Death Penalty for Raping a Child

Posted on: June 25, 2008 at 10:25 a.m.

In Louisiana a law was passed that would allow a judge or jury to sentence an individual convicted of raping a child to the death penalty, however The Supreme Court of the United States struck this law down. This law was passed even though it has been 44 years since someone in America was sentenced to death for a crime other than murder. Child abuse, specifically child molestation and sexual abuse, has come under intense scrutiny from family and victims' rights groups all over the country.

In Massachusetts, for example, the state legislature is attempting to ban probation for child rapists, meaning that these individuals would have to serve time for the crime committed. This is an incredibly controversial topic, as every community wants to protect their children from being harmed by pedophiles, and the idea that a repeat offender would be in the neighborhood boils the blood of most parents.

There are some legitimate challenges however to laws that seek to bring harsh punishments to these criminals. For one, while victims absolutely can and should have rights, the rights of the accused must be protected and accused as well. For another, the term rape may be a bit more challenging to define when it comes to a child. It may seem grotesque to attempt to define something such as child rape, but if it means the difference between sending someone to jail for 15 years and sending them to jail for 2 years, the definition matters quite a bit.

Sexual offenses against children is a highly emotional matter, and this heavy emotion has created laws such as "Megan's Law" which seeks to protect children and punish offenders and repeat offenders. Being placed on the sex offender list is a permanent punishment, and having to register as a sex offender in your neighborhood is not only embarrassing, but can make it impossible to find a place to live in a decent neighborhood.

The rights of the accused in matters such as these never seem to be important, especially when the crimes and/or accusations are so hideous, however justice and a fair trial are the foundations of our criminal justice system.

Tagged as: sex crime accusations

The Dangerous World of Child Pornography

Posted on: June 12, 2008 at 11 a.m.

Child pornography is illegal, and there is very little leniency in the law. With the ease with which individuals are able to obtain child pornography via the Internet, state, local and federal law enforcement officials have increasingly been looking to crack down on potential violators. The Supreme Court of the United States has again and again reaffirmed laws prohibiting creating and disseminating child pornography.

However, there are various sides to this issue and the prosecution of these laws can often net unintended victims. For example, those in the many artistic communities across the nation see what they are creating as quite different from child pornography. However, these individuals have often been arrested, charged and convicted under laws prohibiting child pornography. Also, people often considered religious zealots have attempted to use child pornography laws to interfere with the adult film business, which has time and again been considered legal.

The laws governing child pornography often change though; in 2002 the Supreme Court struck down a 1996 law because it interfered with legitimate educational and scientific studies. However, the most recent developments have led to tougher laws and stiffer penalties for child pornography. This has also led to sex offense databases across the nation containing the information of anyone who has violated child pornography laws. Being put on this list is a permanent punishment.

One of the ways the law enforcement or government agency prosecuting child pornography laws can error is in how they collect information. For example, while Internet providers have agreed to block child pornography, and they often give their information to the agencies investigating child pornography crimes, there are still constitutional guidelines the agencies must follow in collecting evidence.

For more information on the defense of child pornography charges, please contact the attorneys at Kestenbaum, Eisner & Gorin, LLP.

Tagged as: california criminal laws, child pornography pc 311_11, internet crimes defense, sex crime accusations

Internet Crimes: What Are They and What Are the Consequences?

Posted on: June 12, 2008 at 10:29 a.m.

Every so often a new medium for communication comes along and brings with it a new field for the law. The Internet is nothing new in terms of historic advancements in the technology, however it is a new arena for the law. Internet crimes are many, and they include everthing from identity theft to sexual offenses.

An Internet crime is defined as any crime that involves the Internet. For example, when an individual over the age of 18 contacts someone under the age of 18 through the Internet for the purposes of a sexual encounter, that is an Internet crime. One of the challenges for the accused is that many Internet crimes can also be federal offenses and can carry with them far greater charges than the same crime committed under state jurisdiction. For sex crimes, if the offender contacts someone under age that is also in another state, then that's a double whammy as crossing state lines also makes it a federal offense.

Internet crimes include kidnapping, sexual offense, bank robbery, credit car fraud, harassment, phishing, scams, espionage and more. The level of offense can range from smaller crimes to major felonies, however due to the amount of research and investigation it usually takes to charge and convict someone of an Internet crime, most cases are on a grand scale.

Protecting children is often a major focus for Internet crime laws, as children as the most vulnerable. Using chat rooms to contact children for sexual purposes or with other unsavery motives is against the law. Having an attorney with experience and knowledge in defending the accused in Internet crimes is vital, as the law is ever changing and only someone with experience will be able to provide a solid defense.

Tagged as: high profile defense, internet crimes defense, sex crime accusations, theft, white collar crime fraud theft laws

Statutory Rape: 10-years Imprisonment and Sex Offender Registration is Cruel and Unusual Punishment, Court Rules

Posted on: October 29, 2007 at 11:22 p.m.

California law makes it illegal for anyone to have consentual sex with anyone under the age of 18. The criminal offense is also known as the California Statutory Rape law, Penal Code Section 261.5. The greater the age difference in the intimate relationship, the more serious the consequences in a criminal court. If the age difference is less than three years, the offense is a misdemeanor (informal probation, community service, and jail). If the age difference is greater than 3 years, the offense is known as a wobbler under California criminal law, meaning it could be prosecuted as either a felony or a misdemeanor (a felony means the possibility of prison time).

The difference between the Statutory Rape law and Child Molestation is in the latter the victim is under 14 years old and even a reasonable belief that the victim is older is not a defense in criminal court. The Statutory Rape law does allow the defense that the older person believed that the victim was actually older than 18 years old, ie. he/she told me he/she is twenty....he/she looked and acted much older...the bottom line the jury is left to decide whether the defendant truly and reasonably believed that the victim was 18 or older.

A recent case out of Georgia state court highlights an example where the state's Statutory Rape law was applied too aggressively to a consensual relationship. Genarlow Wilson in 2005 was convicted of aggravated child molestation for having oral sex with a 15-year-old girl when he was 17. He was sentenced to 10 years without parole, the mandatory minimum under Georgia law at the time. But the state's high court, in a 4-3 decision, found that the sentence amounted to "cruel and unusual punishment." In California, criminal defense lawyers know that this type of case would probably not have been prosecuted. And even if it was, the case would have been pursued through the juvenile court process resulting in a home on probation disposition.

And on Friday afternoon, Wilson, now 21, a former high school honor student and football star, walked free from the Al Burruss Correctional Training Center after 32 months behind bars. He was calm, soft-spoken and relieved. "I'm finally happy to see we've got justice," Wilson said at a news conference outside the prison. "It's just a whole new beginning. I've got fresh breath, a new life."

Wilson's case also highlighted the increasingly strict sex-offender laws that have become common in Georgia and other states. If his conviction had been upheld, Wilson would have had to register as a sex offender upon his release. Georgia law would have prevented him from living or loitering within 1,000 feet of schools, day-care centers, parks, churches, swimming pools or school bus stops. His lawyer stated, "This is an awakening of parents everywhere... have a conversation with your teenager." She added: "Dangerous sex predators are out there. Those are the people who should be subjected to harsh laws, not Genarlow Wilson."

In the majority opinion, Chief Justice Leah Ward Sears noted that the Georgia Legislature had altered the law in 2006 to make conduct like Wilson's a misdemeanor that would not require registry as a sex offender. Sears said that represented a "seismic shift in the Legislature's view of the gravity of oral sex between two willing participants." The Court explained that Wilson's case "does not rise to the level of culpability of adults who prey on children and that, for the law to punish Wilson as it would an adult, with the extraordinarily harsh punishment of 10 years in prison without the possibility of probation or parole, appears to be grossly disproportionate to his crime."

In Southern California, the criminal defense of sex-related offenses is common. Criminal lawyers should be aware that California child molestation law would require sex offender registration for life under Penal Code Section 290 (for sex with someone under 14). However, the statutory rape would not require such registration. And again, the bottom line here is how old the alleged victim was, not the age of the accused.

Tagged as: sex crime accusations

Internet Crimes and Child Pornography: Latest Court Ruling on the Application of California Penal Code Section 311.11

Posted on: October 27, 2007 at 12:52 p.m.

Soutern Callifornia criminal attorneys have noticed that police at the local, state, and federal levels has been investing more and more resources into the investigation of internet crimes. In California, frequently committed internet crimes include: internet fraud, phishing, credit card fraud, illegal downloading, child pornography, illegal pornography, and illegal distribution of viruses/spam. With the recent publicity of "To Catch a Predator" on NBC's Dateline, the public is more aware of suspects attempting to use the internet to engage in sexual chat and activities with minors.

California Penal Code Section 311.11 specifically makes illegal the possession of child pornography. While pornography overall is typically protected speech under the 1st Amendment of the U.S. Constitution (as ruled over 30 years ago during the Larry Flynt obscenity trials), child pornography is considered to be harmful and illegal speech, and is not subject to constitutional protections. The law is clearly aimed at protecting minors from exploitation, and victimization.

Los Angeles Criminal Defense Lawyers should be aware of the latest ruling in California, People v. Herzig, interprets Section 311.11. The ruling states that an individual who possesses multiple images of child pornography on a computer can only be convicted of one count of possessing such images. In other words, if the police recover a computer with mutliple images from suspect's home, the defendant can only be charged with one criminal violation. As a result, in the Herzig decision, the Appeals Court ruled that nine of 10 counts on which Timothy Donald Hertzig was convicted of possessing child pornography under Penal Code Sec. 311.11 must be dismissed. The panel said Hertzig

Tagged as: federal law and defense, sex crime accusations

Are sex offenders subject to lifetime registration?

Posted on: June 3, 2007 at 12:47 p.m.

There are websites where detailed information about sex offenders is posted-where they live, what they were charged for, age, etc. I was looking at sex offenders in my hometown, and I noticed there was a rather old sex offender (80ish years old) just a few blocks away from me. Is a sex offender's information posted for a probationary period (a few years, perhaps) or indefinitely?

Sex Registration under California law requires a lifetime of registration, as the Legislature believes that these convicted felons must be tracked for life due to a high rate of recidivism. This information is published online and thus this is a "Scarlett Letter" for the person for life that tracks him.

Tagged as: sex crime accusations

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