As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law.
Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.
Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.
As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law.
Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.
Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.
Posted in California Law,Sex Crimes,Sex Offender FAQs on August 14, 2024
Prosecutors in California aggressively pursue charges for sex crimes, including incest. This is often under a misguided attempt to prevent children from being born with birth defects, which can sometimes occur when people who are closely related genetically procreate. A conviction for this offense can end your freedom and ruin your reputation. A board-certified Riverside sex crimes lawyer can begin work immediately on your case to safeguard your rights when you are confronting the judicial system.
Among other things, California Penal Code 285 states that committing fornication or adultery with a person within the “degrees of consanguinity within which marriages are declared by law to be incestuous and void” is illegal and subjects the offenders to imprisonment in the state prison. This basically means that if you are so closely related to a family member that you could not marry them, having sex with them is considered incest.
Under the state’s definition, sexual intercourse between the following family members is illegal:
Even if both parties consented to the sexual acts, it is still considered a crime due to the close family relationship.
Incest is a felony offense in California, subjecting a person to sixteen months, two years, or three years in state prison and a fine of up to $10,000. Additionally, a defendant can be forced to register as a sex offender if convicted of this offense within the statute of limitations.
The offense of incest in California involves precise legal definitions. If any of these legal terms do not apply, the prosecution cannot meet its burden to establish the legal elements of the offense. A knowledgeable sex crimes attorney like Graham Donath can carefully review the circumstances to determine if defenses such as the following apply:
If you have been charged with violating California Penal Code 285, hiring an experienced criminal defense lawyer at the Law Offices of Graham D. Donath, APC is paramount. Contact us online or by calling (951) 667-5293 and request a free case review.