Currently, California law imposes mandatory prison sentences for persons convicted of certain sex crimes crimes like rape by force, pandering and aggravated sexual assault of a child. California law allows judges to sentence defendants convicted of certain other sex crimes to lesser sentences, including probation. If approved, Assembly Bill 2888 could implement mandatory minimum prison sentences for several sexual assault convictions that currently allow a judge to consider probation instead of incarceration.
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AB 2888 was initially introduced in February 2016, about a month before a verdict was rendered in the Brock Turner case. Following Turner’s sentencing hearing, a public outcry arose over the sentence imposed by Judge Aaron Persky. The sentence followed the recommendation of the Santa Clara County Probation Department, and included a 6-month jail term and 3 years of probation. Turner’s sex crimes lawyer had asked for a sentence of about 4 months in jail and 3-5 years of probation. The DA had sought a prison term of at least 6 years.
In response to public criticism, AB2888 was amended in the Senate late last month, and has become a rallying cry for groups seeking to impose harsher sentences on people convicted of sexual assault.
AB 2888 specifically seeks to eliminate probation for persons convicted of sex offenses where the victim was unaware of the assault, or where the issue of consent is clouded by the victim’s state of consciousness.
Regardless of the sentence, sex offenses convictions pose a serious challenge for any person in the State of California. In addition to serving jail or prison time and probation, and paying any court imposed fines or restitution, most convicted sex offenders must register on the state’s Sex Offender Registry – usually for life. Registrants often have significant difficulty finding employment and housing, simply by virtue of their registry status, and regardless of the details of their convictions.
If you’re accused of sex crimes in California, you need an experienced sex crimes lawyer who will fight aggressively on your behalf. Contact Robert Helfend or call toll-free at (800) 834-6434, (310) 456-3317, (818) 591-2809 or (805) 273-5611 for an immediate consultation on your Los Angeles County sex crimes case.
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