Statutory rape is a serious crime and can permanently land you on the list of registered sex offenders. This is why it is so important to have an experienced sex crime defense attorney on your side to advocate your case. Here’s what you need to know about statutory rape in the state of California.
What Constitutes Statutory Rape
Statutory rape is unique in its class. What makes statutory rape different from other rape charges is that it is entirely possible for the sex to have been consensual. Whereas traditional rape charges typically refer to intercourse that was non-consensual, statutory rape charges focus solely on the age of the victim, not whether they agreed to participate.
In California, 18 is the age of consent. Basically, this is the age at which young people are considered to be adults, meaning that they are capable of making decisions in a mature manner. Those under the age of 18 may not yet have achieved the emotional and psychological development to make choices regarding sex.
Although the age of consent is 18 in California and many other jurisdictions, this is not always the case. Some states and localities set the age of consent as low as 16. If you live outside California, be sure to check the specific laws in your area to avoid getting in trouble with the law simply because you didn’t know the necessary regulations.
Statutory rape occurs when someone over the age of 18 engages in sexual intercourse with a minor, meaning someone under 18 years old. It does not matter if the sex was consensual or if the two had been in a committed relationship for many years. If one partner is under 18, intercourse qualifies as statutory rape.
Statutory Rape Charges
Depending on the prosecuting attorney’s direction and the specifics of the case, statutory rape can be classified as either a misdemeanor or a felony. To qualify as a misdemeanor, the defendant can be no more than three years older than the victim. This is often the case with high school sweethearts having intercourse for the first time when one of them has reached the age of 18 but the other hasn’t yet.
If the defendant is more than three years older than the victim, statutory rape will automatically be charged as a felony. It can also be deemed a felony if the victim is 16 or younger, even if the defendant is less than three years older. If there is a chance that you might be charged with felony statutory rape, you’ll undoubtedly need a rape defense attorney acting on your behalf.
Penalties for Statutory Rape
If convicted of statutory rape, you may have to pay a fine, spend time on probation or even go to jail. For misdemeanor statutory rape, the maximum punishment is 1 year in jail and fines up to $1,000. For felony charges, you could go to prison for up to 4 years and pay up to $10,000 in fines.
Your sentence could include the maximum punishment in all areas or a lesser combination of some components. The end results in your case will depend on a variety of factors, including the evidence in your defense. This is why it is so important to obtain the services of a skilled sex crime defense attorney to handle your case in court.
Defending Against Statutory Rape Charges
As unfortunate as it is, statutory rape charges are often brought against those who are innocent, merely out of anger or spite. It is also possible to unknowingly commit statutory rape, like if you had reason to believe that the other party was over the age of consent. Your rape defense lawyer will work with you to work out the details of your defense before going to court.
In order to achieve a conviction, the prosecuting attorney must prove three things:
- That the defendant had sexual intercourse with the victim
- That the victim was under the age of 18 at the time of the incident
- That the two were not legally married at the time of the incident
If any of the above conditions are not met, the prosecutor will not be able to obtain a guilty verdict. In working with your attorney to plan your defense, trying to eliminate any of these conditions is often a good place to start. For example, you could prove that the two of you did not actually have intercourse, thus getting your case dismissed.
It is also possible that you had every reason to believe the victim was over the age of 18. They may have shown you an ID that you did not realize was fake, or you may have met them at a venue that was solely for adults, with minors not allowed inside. Your sex offender attorney can argue that you should not be convicted of a crime when the other party misrepresented themselves to you.
Depending on the particulars of your case, your sex crime defense attorney will likely have other strategies to bolster your defense as well. In cases of statutory rape, you really cannot afford not to have a dedicated rape defense attorney on your side. It could make the difference between winning and losing your case. Check for the best federal defense attorney.
Protect Yourself with LibertyBell Law Group
At LibertyBell Law Group, our team of sex crime defense attorneys can assist you with your statutory rape case in California. When you work with us, you’ll always get the respect and attention you deserve as we work on your case together. We give each case personalized attention and a tailored approach, so you can rest assured you are getting the best possible defense.
To provide you with more information about how we can help you, we’ll need to discuss your case with you in greater detail. We would be happy to schedule you an appointment for a free consultation, so get in touch with us today to learn more and get the process started. Read more about sex offense lawyer.
If you are accused of a sex crime, you’ll need a criminal defense attorney with experience defending people in your specific position. It’s important to consider the case and find the right attorney that can help you fight for your rights to achieve a fair trial. Your lawyer will ask you many questions about your case so that they can build a defense that will work to help you properly defend yourself in a court of law. It is absolutely crucial to not hide things from your sex crimes attorney Los Angeles so that they can have a prepared defense strategy.
Here are the things your lawyer wants you to know about defending sex crimes so that you can prepare for the upcoming trial.
Sex crimes are difficult to defend
Many sex crimes happen with very little evidence for the defense team. A lot of them are a he-said, she-said case that will involve more work for the lawyer since they can’t use evidence to prove your innocence. Often times, sex crimes do involve the use of alcohol, especially on college campuses, making it even harder to defend when the defendant has trouble remembering what happened. There are many different kinds of sex crimes, and the ones that involve children are even harder to defend because children often have an imagination that surpasses reality, while the jury may look at them as innocents and take pity on them instead of listening to the truth.
Your lawyer can defend you even if you are guilty
Defense attorneys are ethically bound to represent all of their clients, whether they are innocent or not. In many cases, your lawyer will not know whether or not you’re innocent. Even if you say you did it or didn’t do it, they don’t actually know the truth because they weren’t there. Your lawyer can still defend you to the best of their ability if you come clean with them and tell them that you committed the crime. Defense attorneys may never even ask their clients if they committed the crime because it doesn’t matter to them since their job is to defend you. Instead, they will use facts to give you the best possible defense and leave the question of guilt to the judge or jury.
Lawyers put their career on the line for you
Defending you could cost the lawyer their reputation. If you are involved in a high-controversy case, your lawyer may put their professional reputation on the line to give you the best possible defense. In some cases, their professional peers may believe your guilt and think less of the lawyer defending you, even though their ethics dictate that everyone deserves the right to an attorney. Some great lawyers put their ethics above all else and choose to defend their clients no matter what. Almost any case will affect the career of your lawyer, so you can rest assured knowing that they’re working for the best possible outcome.
You have to be honest with your lawyer
There’s some information your lawyer needs in order to defend your case to the best of their ability. A strong defense is the best way for you to avoid conviction or get a plea bargain, so being honest with your lawyer about these things will only help you. You should be honest with your lawyer about these things:
Your criminal history
Many people may keep their criminal past from their attorneys. This can only hurt you and your case. Your attorney should know everything there is to know about your criminal history as they can easily affect the outcome of your next court case. A past conviction can be used against you by the prosecution to convey you in a certain light. Keeping this information from your attorney can be detrimental as it doesn’t give them all the necessary information a prosecution might use against you. When your attorney begins the negotiation of a plea agreement, the terms may depend on your past criminal history, so it’s crucial they don’t get any surprises.
Who was involved in the crime
Your lawyer will already know that you may have been involved in the crime, but it’s important to let them know who else was there that could serve as potential witnesses. A witness can place you at the scene of the crime or away from the crime completely, so it’s important to give this information to your attorney so they can begin forming your defense.
Your police statement
When you were arrested, you may or may not have exercised your right to remain silent. If you did speak to the police, you need to tell your defense attorney everything that you said to them. Before you were arrested, you may have had to make a statement or may have said something during your arrest that could be detrimental to the case. Because anything you say can and will be used against you, your lawyer needs to know what you said so that they can effectively prepare for the case.
Any history you have with the victim
Whether you have a history with the victim or not, your lawyer will need to know. You’ll need to tell your defense attorney how you know them, for how long, and what the nature of the relationship is. This will help them get a better idea of what they’ll be up against when it comes to the prosecution. The State already knows all of this information, so in order to create a solid defense, this information is absolutely critical. Whether you do or do not have a history with the victim, your lawyer will use that information to develop your defense. If you don’t tell your lawyer the truth, they can be blindsided in court, which can negatively affect your entire defense.
Evidence
The existence and location of any evidence against you could be the cause of your conviction. Your lawyer needs to know whether there is any evidence and where it is located so that they can help you build a defense. The State can find almost any necessary evidence they need, so it’s important that your lawyer doesn’t get surprised when the court day arrives. You always want your lawyer to be prepared for anything the prosecution can throw at them so that they can create a defense with the best chances of no conviction.
Federal crimes are those that violate US federal laws. Federal laws are investigated by federal law enforcement and prosecuted by United States attorneys in federal courts with federal judges. While there are over 200 categories filled with violations that are considered federal crimes, here are a few of the most common:
Terrorism
Terrorism is the unlawful use of violence for political purposes. While terrorism can happen across countries, there can also be terrorists within the US that are actually American citizens.
Cybercrime
When you use the internet to commit crimes, this is considered cybercrime. You can use the internet for almost any type of crime, making it a federal crime.
Civil Rights Violations
All citizens are equal in the eyes of the law. Violations can occur when you don’t allow certain races or types of people their rights. An example of this is if a person is filling out an application for leasing an apartment or home, and based on their race, the landlord denied them. A civil rights violation like this is considered unlawful, and the landlord can be prosecuted.
White-Collar Crime
This is a financially motivated, non-violent crime committed by business professionals. Examples include wage theft, fraud, bribery, Ponzi schemes, insider trading, racketeering, embezzlement, and money laundering.
Art, Jewelry, Gem Theft
Theft of large ticket items is considered a federal crime. In many cases, these items are costly but priceless.
Bank Robbery
Robbing a bank is a federal crime in which someone or multiple people are stealing from a bank while using force, violence, or threats of violence. This can refer to the robbery of a bank branch or teller.
Drug Offenses
Some drug offenses are considered federal crimes. While many drug offenses are prosecuted at the state level, such as simple possession charges, others are charged at the federal level. These offenders are drug trafficking, manufacturing, and intent to distribute.
Homicide
Homicide can be prosecuted at both the state and federal level. What determines whether a homicide is prosecuted at the federal level is the certain circumstances surrounding the murder. Killings related to drug trafficking, crossing state borders, occurring on a body of water, and are considered an attack on the US government or judicial system, will all be prosecuted at the federal level. Here are some examples of homicide that can be charged as a federal crime:
- Murder of an elected official
- Murder of a federal judge or law enforcement official
- The killing of an immediate family member of law enforcement officials
- The killing of a person to influence a court case
- Killing Committed during a bank robbery
- Murder related to rape, child molestation, and sexual exploitation of children
- Murder on a sea vessel
- Drug-related murders
- Murder for hire
Kidnapping and False Imprisonment
Kidnapping occurs when the defendant confines another person against their will and chooses to move them or demands a ransom. In some states, asportation, or the movement of the kidnapped person is required to be considered kidnapping, unless ransom and threat of injury occur.
False imprisonment is similar to kidnapping but is a lesser charge with a few differences. In many cases of false imprisonment, there is not an actual intent to kidnap a person, but only to hold them where they are. False imprisonment can occur during bank robberies when a robber may tell people to get down and stay where they are, attempting to restrain them against their will.
Tax Crimes
Tax crimes are typically prosecuted on a federal level. These crimes can range from fraud to evasion. There are two common tax crimes that are prosecuted federally: Failure to File Income Tax Returns: The government must prove that you had a known obligation to file a tax return in order to convict you for failure to file an income tax return.
Tax Evasion: To convict for tax evasion, the government must prove that you willfully and knowingly evaded the payment of your federal taxes. They can prove this by demonstrating an income item that you hid from the IRS or by proving that you claimed deductions for which you were not entitled.
Organized Crime
Organized crime refers to crimes that are committed and carried out by powerful groups of people. You may think of the mafia when you think of organized crime, but it can include any group of powerful individuals. Organized crime can involve other types of crimes, including racketeering, murder, blackmail, and even petty crimes that can be prosecuted on a federal level when they involve organized crime.
The Statute of Limitations
The period of time that a criminal act can be legally prosecuted is called the statute of limitations. The statute of limitations varies from federal crime to federal crime. Certain crimes have no statute of limitations:
- Federal Crimes that are punishable by the death penalty
- Some federal crimes of terrorism
- Some Sex Offenses (learn more with a sex offense attorney)
When it comes to other federal crimes, most of them must be prosecuted within five years from the time they were committed. However, there are accessions that can be made for certain federal crimes, including child abuse, arson, wartime fraud, or other cases with special circumstances.
The Prosecution of Federal Crimes
Some cases can be prosecuted on either the state or federal level. The decision on which level to prosecute involves several factors, but crimes most often prosecuted in federal court include:
The crimes that can be prosecuted on either federal or state level but are typically prosecuted in state court include crimes against another person such as murder, rape, and assault, and crimes against property including, theft and robbery.
On the other hand, there are cases that can only be prosecuted in federal court:
Customs Offenses
These crimes are breaches or attempted breaches of the statutory or regulatory provisions which are provided in the EAC Customs Management Act.
Federal Tax Crimes
Because federal tax crimes directly involve the federal government, it is in their jurisdiction to prosecute these crimes.
Espionage
When someone uses spies to obtain political or military information, it is called espionage. This information is important to the wellbeing of all citizens, so espionage is a very serious offense.
Treason
Treason is when an individual betrays their country. This can be done by attempting to overthrow the government or plan a murder of an elected official.
Most Common Tax Frauds
Tax fraud is a type of federal crime that involves intentionally failing to comply with tax law. This does not involve simple mistakes when filing taxes; If you make simple mistakes that were simply overlooked unintentionally when filing your taxes, the IRS may charge you with civil penalties, but you will not face any criminal charges.
However, if the IRS believes that you intentionally filed your taxes incorrectly and failed to meet your obligations as a taxpaying citizen, you could face criminal penalties, including jail time. Tax fraud can result in up to five years in federal person and up to a $500,000 fine. If you are accused of tax fraud, you’ll need to consult a criminal defense attorney as soon as possible so you can begin developing your defense.
The IRS Investigation
When investigating someone for fraud, the IRS will pull your tax returns and send you a notice. In most cases, for lesser amounts, the IRS will simply request that the issue is addressed and payment is made immediately. Refusal will then result in a formal investigation.
If the amount is larger than $100,000, the IRS will contact you in person to ask you questions. If this happens to you, it’s time to hire an attorney because they are actively pursuing a case against you. Be polite to the agents and respond to any questions that may incriminate you by telling them you prefer not to answer without an attorney present.
I was accused of tax fraud. What should I do?
If you have given falsified records to the IRS, you can easily make your situation worse. If you make incriminating statements to your accountant, you can also make your situation worse.
If you are being investigated for tax fraud, you should never volunteer any information to the IRS. Even if you have not yet been charged with tax fraud, by volunteering information, you could be inhibiting your and negatively impacting your defense. A routine audit from the IRS can turn into a criminal investigation if you lie to or hide information from the IRS. If you even so much as to say something that can be used as evidence of intent to commit this type of federal tax crime, the IRS can use that to charge you with criminal penalties.
You should also be careful with what you say to your accountant or whoever does your tax preparations. These professionals may have helped you with your tax issues in the past, but communication with them is not privileged like it would be with a lawyer. They are usually not under any law to keep your conversations quiet and can be questioned by the IRS. They can also testify against you in your court case, so it’s important to be mindful of all of your communication with your accountant after being accused of tax fraud.
Know the Penalties
If you are convicted, penalties may range from 20 percent of tax underpayment to five years imprisonment. Lying on your tax returns or filing a fraudulent return is considered misreporting your income and can result in these penalties. There are different levels of accuracy-related penalties for understating your income; Negligence, the failure to reasonably attempt to comply with tax laws and substantial understatement of income are the most common accuracy-related aspects of tax fraud and carry a penalty of 20 percent of the portion of the tax underpayment.
Civil fraud is even more serious. If there is evidence that some aspect of the understatement of tax was due to fraud and the taxpayer had clear intent to evade the assessment of tax that the taxpayer believed was owed, it could be considered a case of civil fraud. The penalty for civil fraud amounts to 75 percent of the tax underpayment.
Keep Detailed Files
Keep detailed files on all of your past taxes, income, and deductions. If you’re at the point to hire an attorney, your tax fraud lawyer will need to know everything about the situation. If you are guilty of committing tax fraud and your attorney is able to figure this out with your paperwork, then you can bet the IRS has already built their case. Your lawyer will still be able to do their best to plea brain and mitigate the amount of time served. If you haven’t committed fraud, your paperwork will prove your innocence to the attorney who will then have the means to obtain the IRS’ information and continue to investigate further.
Examples of Tax Fraud
While there are many different ways to commit tax fraud, here a few of the most common:
Filing status and claiming children for exemptions and tax credits
Married taxpayers may commit low dollar tax fraud by filing head of household instead of filing jointly and receive heftier refunds that they are not actually eligible to receive. People may also claim children that they don’t have in the hopes of getting more money back when they file their returns.
Self-Employed Tax Fraud
Self-employed individuals may create fictional expenses or include personal expenses and claim that they are for their business. Significant tax fraud can occur when you claim something as simple as a cell phone or internet is used 100% for business when the IRS knows that you are using those things for personal use as well. It can be tempting to do this, but it is tax fraud and completely illegal.
Lying about income
Believe it or not, it is easy to lie on your taxes about your income. What many people don’t know is that any cash payments you receive are taxable, and hiding those from the IRS can result in tax fraud conviction. What you don’t know is that your employer may pay you cash, but they are still reporting it on their own taxes, so it’s easy for the IRS to follow the money and find out just how much you are hiding from them. While many people do get W-2’s from their employers, it is still possible to lie when filing your taxes. It’s easy for the IRS to get the information they need from your employer, so lying about your income to get a greater return is unwise.
Sex crimes are a serious offense. A significant penalty associated with most sex crime conditions is registration as a sex offender. This penalty can be imposed for life, restricting your access to housing and renting options. Those who are registered sex offenders cannot live or go near a school or playground, whether the offense involved children or not. If you’re accused of a sex crime, you may also face major jail or prison time that will affect your job and your entire life. After conviction, professional licenses can be unobtainable or taken away completely. A person charged with a sex crime will also face negative responses from peers, resulting in a less-than-ideal reputation.
A sex crime is a sex act that is considered deviant, the exchange of sexual activity for money, for a forced and non-consensual sexual act. Here are eight acts that may be regarded as sexual offenses and result in incarceration.
Rape
While most states may vary their definition when it comes to this sexual offense, rape is typically defined as forced or non-consensual sexual intercourse. There are a few different types of rape with different consequences and levels of severity. All types of rape should be taken seriously.
Understanding Sex Offenses and Different Types of Sex Crimes
Statutory Rape: Statutory rape occurs when a person engaged in sexual activity with a minor. The definition of statutory rape varies from state to state since some states consider different ages the legal age to consent for sexual intercourse.
Spousal Rape: At one point, spousal rape didn’t exist as intercourse was considered a right among married people. Now, as America’s values evolve, spousal rape is a serious charge that is defined as the act of sexual intercourse without the consent of the spouse. While many people think violence is involved, it isn’t always. When there is no consent among spouses, it is considered spousal rape, and you can be prosecuted.
Date Rape: Date rape is more of a broad term for when someone is raped in some sort of dating situation. This doesn’t mean that a person has to have gone on a date with their accuser, as many date rape cases involve alcohol and parties. Date rape is a serious offense that is often difficult to defend, as it does typically involve alcohol and sometimes lacks concrete evidence.
Sexual Abuse
Again, the legal definition may vary from state to state, but sexual abuse can be described as any form of non-consensual contact of a sexual nature. This includes inappropriate touching, molestation, and forced sexual intercourse. Whether you’re charged with rape or sexual abuse will be up to the prosecutor, so if you are accused of forced intercourse, you can also face the charges for rape. Molestation is similar to rape in that it is non-consensual, but may involve inappropriate touching rather than penetration.
Sexual Battery
Battery itself is defined as unlawful physical contact. Sexual battery is when unlawful physical contact is sexual in nature. In many states, sexual battery does not involve penetration and is considered a less serious offense. Some examples of sexual battery are, patting a person’s buttocks, grabbing or fondling another person, touching of the genital area, etc.
Indecent Exposure
Indecent exposure happens when a person intentionally exposes themselves in public. Every jurisdiction will have different names and definitions for this, although most people know it as indecent exposure. It is illegal to expose one’s genitals in public, and this even goes for public urination. If you are urinating outside of designation restroom and bathroom areas, you can be charged with indecent exposure and face sex offender registration.
Child Molestation
This act is a sex offense that involves a range of indecent sexual conduct involving a child. Child molestation typically involves an adult and a child under 14 years of age, though interpretations of the definition may differ from state to state. This is different from statutory rape, as the child is younger than 14 years of age, and in many places, it is considered a more serious offense with harsher penalties.
Child Pornography
It is illegal to possess, produce, or distribute any form of pornographic material that depicts children or minors under the age of 18. Any form of child pornography is illegal because the children depicted cannot legally consent to the acts recorded. Even if you are not the one who created the pornography, it is illegal to have it in any capacity because you are contributing to the crime. You can face either state or federal charges for child pornography, depending on the specific details of the crime.
Internet Sex Crimes
In this day and age, more and more crimes are involved using the internet and computers. Sex crimes can also take place on the internet and include child pornography, luring a minor, and committing other sexual offenses over the internet. The Internet makes things like child pornography more readily available, along with the easy availability to chat rooms used to lure a minor.
Prostitution
In most of the US, exchanging sexual acts for money is illegal. There are a few different offenses that are under the prostitution umbrella, including:
Pandering: This is the act of procuring customers for a prostitute, also known as “pimping.” It is illegal to be involved in any aspect of prostitution.
Solicitation: Offering or Agreeing to the exchange of sex for money. It’s illegal to be both a customer/client and a prostitute. You cannot offer or accept money for sexual acts. Whether a person is a prostitute or customer, it’s illegal even to approach someone about paying for sexual acts.
Have you been accused of a sex crime? You need a quality criminal attorney. We defend each of our clients no matter what type of crime they have been accused of committing. You always have the right to an attorney and the right to defend yourself. Considering the severe penalties that go along with convictions of sex crimes, it is crucial to have a criminal defense attorney on your side that will fight for your rights. Check for sex crimes lawyers.
The internet can be an incredibly valuable resource for information, communication, and human connection. Unfortunately, for all the good it provides, it possesses a dark side as well. Cybercrime is growing exponentially across the world, and it is undeniably one of the fastest growing areas of criminal justice.
Cybercrime is broadly defined as criminal activity that occurs within the sphere of cyberspace. Cybercriminal activity costs its targets billions of dollars annually. Part of the reason cybercrime is so prevalent is that it exists in many different forms and can affect virtually anyone. As the world tries to catch up with this fast-growing, new type of crime, the legal consequences for those who commit them are constantly changing. This article will explore and explain the various categories of cybercrime and the potential consequences if you have been accused of them. Read more about the top federal criminal lawyers.
Hacking
Hacking, obtaining unauthorized access to a network, network device, or information system, is easily one of the most recognizable cybercrimes. Individuals who carry out these cybercrimes are called hackers.
An important caveat regarding hacking is that the act of hacking is not in and of itself illegal. Many companies employ hackers to identify and repair weaknesses in security systems. Hackers that pursue work on the right side of the law are known as white hat hackers. Illegal black hat hackers can face thousands in legal fines and prison time of up to 10 years, depending on the impact of their crime.
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Phishing Scams
Phishing Scams are running rampant in today’s internet. These scams involve deceiving targets into releasing private or sensitive information, such as finances, social security numbers, bank accounts, passwords or credit card data. Phishing generally starts with cold contact, via email, phone, or text message. Usually, the scammer will impersonate a representative of the target’s bank, service provider or utility company and ask for sensitive information under the guise of updating records or protecting against fraudulent activity.
Identity Theft
Identity theft is often the result of phishing scams. When a cybercriminal has obtained personal information, they then use it to steal from the target by impersonating them. This crime targets information such as bank account information, social security numbers, and credit card numbers. The methods for obtaining this information include email phishing, malware injection, and brute force attacks. The consequences for the perpetrator range from fines to prison time depending on the impact of the crime.
Cyberstalking
Cyberstalking is the use of the internet to closely monitor and harass an individual online, usually anonymously. The target’s online information will be used to find out the target’s address, place of work, school, or other information about their offline life, usually for sinister purposes. Cyberstalking is unique in that it often leads to a physical crime, such as rape, assault, or even murder in severe cases.
Cyberbullying
Cyberbullying is another highly publicized type of cybercrime. Cyberbullying is the deliberate, targeted online harassment of an individual by another individual or group. Cyberbullying can take many forms, but most commonly it is repeated abusive messages, videos, photos, unlawfully obtained nude images of the target, or fake accounts made with the express purpose of harassing the target. Cyberbullying cases have resulted in self-harm and suicide, and as a result, laws are being passed globally to criminalize this behavior. Depending on the severity, this can result in steep fines or even prison time.
Difference between tax evasion and tax avoidance
Filing taxes is something of a necessary evil. The revenue from taxes allows us to live in a prosperous and orderly society, but it also can feel as if you’re giving your money away. Onerous chore that it may be, the penalties can be steep if you decide to shirk your duties as a citizen and forgo filing your taxes.
The world of tax-related crimes can be a complicated one. Failure to file taxes honestly and in a timely manner is described in many ways: tax evasion, tax fraud, tax avoidance. To the layman, these terms may seem interchangeable, but they actually have very specific legal definitions.
Legal allowances are made for tax avoidance, and with the help of a tax specialist, both organizations and individuals can navigate this tricky terrain legally. Tax fraud and tax evasion, on the other hand, are both illegal and can land you in serious legal trouble if not rectified immediately with the help of a tax law specialist.
Tax Avoidance
Tax avoidance is the legal practice of reducing taxes by utilizing the technicalities of the tax code to reduce the amount of money owed in taxes. This can be achieved through various means, but most commonly through tax deductions and credits. Other methods include claiming exemptions in order to minimize tax liability. Ignorance of how to utilize these legal tax loopholes can mean overpaying and not receiving benefits such as refunds and exemptions. Unfortunately, in order to effectively capitalize on these grey areas in the tax laws, one must keep meticulous records or consult a CPA or tax attorney.
Tax Fraud
Tax fraud is broadly defined as a gross violation of tax laws, but more simply it can mean misrepresenting yourself when filing your taxes. Examples include overstating expenses, understating income, failure to report taxable earnings, or failure to prepare and file a tax return at all. The legal landscape of tax laws is complex and ever-changing, and unfortunately, the IRS doesn’t often differentiate between those who are deliberately defrauding the government and those who unknowingly provide incorrect information due to ignorance or confusion.
A tax fraud conviction can lead to severe legal consequences, usually to the tune of steep fines and a prison sentence of up to 3 years. This is on top of the court costs and legal fees already paid. Even unwitting participants could face these punishments without the aid of seasoned federal criminal defense law firm.
Tax Evasion
Tax evasion, on the other hand, is an even more serious offense in the eyes of the law. Tax evasion is deliberately altering or falsifying information when filing taxes. Underreporting income to avoid paying a higher income tax, claiming deductions one can’t legally claim, and overstating expenses are all examples of tax evasion.
Tax evasion can be achieved by forging receipts, keeping incomplete or incorrect financial records, failing to report income or by deliberately falsifying deductions and expenses. Because of the purposeful nature of this crime, the repercussions are more severe, with fines as high as $500,000 and a potential prison time of up to ten years. And if acting with or on behalf of others, charges of conspiracy can be added as well. The best defense against charges of tax evasion is to consult a knowledgeable tax law expert.
Sexual assault is a serious crime and the consequences of a sexual assault conviction can be severe. Sexual assault is defined as any unwanted or forceful sexual contact; this runs the gamut from sexual harassment to rape. A sexual assault accusation can be extremely damaging both personally and professionally, so it’s important to know how to react if you are accused.
Accusations in the workplace
If you are accused of sexual misconduct in your workplace, depending on the severity of accusation, it will either be handled internally by the company or its representatives or externally, through the criminal justice system. Most companies have a section in their policies and procedures that deal with sexual harassment and assault, and the disciplinary consequences for violating those rules. If the matter is to be handled by the company, carefully read over the available literature to be sure you understand your rights. Usually, this will involve an investigation and a tribunal that will determine guilt and any consequences.
In many cases the consequences are termination, but they may include being placed on an employee improvement plan, mandated counseling sessions, mandated harassment training, or written apologies to the accuser. If the case is pursued in the criminal justice system, you will need to take different steps to protect yourself and your rights.
Accusations outside of the workplace
If you are accused of sexual assault outside of your place of work, it will typically be handled in the criminal justice system, and the best thing you can do for yourself, in that case, is to immediately obtain the services of a sex crimes attorney California. An experienced attorney can make sure that your rights are protected through every step of the proceedings, which can be lengthy and unpleasant. You may spend time in police custody prior to your bail application being processed, but be firm and do not speak without an attorney there to argue on your behalf. Your bail decision will be decided based on where the alleged crime took place, your criminal record, and the nature of the assault. The severity of the crime will also be instrumental in the sentence handed down should you be convicted in court.
An attorney can make sure that you are not intimidated or tricked into self-incriminating throughout the process. Be open and honest with your attorney and let them guide you as your legal representation, as they will advise you and protect your interests. They will also make sure that you understand the potential consequences of a guilty verdict should you face one. And refrain from speaking to police, the accuser, or the prosecuting attorneys without your attorney present.
What if you are in a sexual relationship with the accuser?
A complicating factor could be the existence of an existing sexual relationship with the accuser. While sexual intimacy is a part of the relationship, the assumption is that sex is performed only with mutual consent. In cases where one party accuses the other of sexual abuse, this mutual consent has failed, but consent or lack thereof is difficult to prove in court. Your attorney can advise you as to the best resolution of this type of accusation, which could be a financial settlement out of court to cover damages, or pursuing a favorable ruling in court. Learn more about sex offense attorneys.
Date rape is an incredibly difficult criminal offense to prosecute; It typically boils down to a “he said, she said” situation, and evidence in these cases tends to be largely circumstantial. Additionally, existing romantic entanglements between parties can muddle the facts and lead to an abundance of reasonable doubt.
Meeting the burden of proof: reasonable doubt
Rape and sexual assault are considered criminal offenses globally. In the United States, any unwanted physical sexual contact is classified as a felony, and therefore prosecutors must meet the burden of proof in order to get a conviction. This means that the defendant’s guilt must be proven “beyond a reasonable doubt.” Date rape cases generally have only two witnesses: the perpetrator and the accuser. Additionally, date rape cases rarely have physical evidence that can prove anything other than that sexual contact occurred; consent or lack thereof almost always comes down to the word of the defendant against that of the accuser. Given these facts, the very nature of date rape cases makes that burden of proof very challenging to meet.
Statute of Limitations on Sexual Assault
Courtship has existed as long as humans have, but dating as a concept is relatively new, the term only having been coined in the late nineteenth century. As society has gradually moved away from patriarchal gender roles, more and more women have increasingly gained independence and the ability to choose her own suitors and eventual lovers. In today’s world, casual dating culture is constantly shifting the landscape of social, romantic, and sexual guidelines. When two people are dating, either casually or committed, the implication is that sexual intimacy is a large part of their relationship. The very premise of a date rape accusation is not disputing that sexual contact has occurred; it is arguing that said contact was carried out without the informed consent of both parties involved. If the accuser has previously consented to sexual intimacy with the accused, it can be difficult to prove beyond a reasonable doubt that a specific incident was not consensual. See more federal criminal law firm.
Lack of physical evidence in Date Rape Cases
A basic and critical component of all criminal court proceedings is the presentation of evidence. In assault cases, physical evidence is often the most crucial type of evidence to prosecutors. Sexual assault cases in particular usually will involve the presence of DNA evidence, which can be a very strong piece of evidence in the eyes of a jury. However, this is not as cut and dry as it may seem. In order for physical evidence in a sexual assault case to be used, it has to be collected promptly and correctly. Many date rape accusers choose not to come forward for several days, if not weeks after the incident occurs, at which point any physical evidence will be long gone or at the very least unusable. Additionally, the memory becomes unclear with time, so the details may become muddled, leading to an unreliable narrative regarding the incident. Unreliable testimony also makes it difficult to prosecute these types of cases. Read more about sex offender defense attorney.
The #MeToo movement sprang out in October 2017, connecting victims of sexual harassment and sexual assault across the country. The movement gained fuel as the shameful acts of powerful producers, directors and employers were brought to light, helping victims claim a voice in a society fraught with sexual violence. The movement demonstrated the widespread prevalence of sexual assault and sexual harassment, leading to the public termination of alleged offenders in the workplace.
While the original #MeToo movement served as a way to give voice to victims of sexual harassment, the unfortunate second wave of a movement like #MeToo is often comprised of the financially-motivated weak cases from years ago. Actors have made preemptive statements regarding innocuous acts of the past that may now be more amplified because of the movement. Other actors may find themselves under fire for even consensual sexual acts that are reported in a way that implies misconduct on the part of a successful actor or other public figure because of the hypersensitivity within the media. Movements like #MeToo have the power to shift the public discussion on matters like sexual harassment in the workplace and may pervade the opinions and perspectives of potential juror members who are deciding a defendant’s guilt or innocence in a sexual assault case. For these reasons, it is critical for defendants facing false claims of sexual harassment or sexual assault to aggressively protect their legal interests from exaggerations or outright fabrications.
Consequences of False Claims of Sexual Harassment in the Workplace
Being on the receiving end of a false claim of sexual harassment can be a terrifying experience. There is a current epidemic of claims regarding sexual harassment as people respond to the media stories. Getting #MeToo false accusations can be very damaging.
There may be a heightened sensitivity to anything that may be perceived as sexual harassment in the workplace. Unfortunately, the perils that people face in the workplace for being falsely accused of sexual harassment are not being reported in the media or made part of the #MeToo conversation despite the good intentions behind the movement.
One of the quickest responses to a claim of sexual harassment is termination in the workplace. Employers may not want to face any additional liability for any perception that they are shielding sexual predators in the workplace. The company may only complete a cursory investigation before taking this drastic step that can significantly impact your livelihood. The employer may list your status as “not available for rehire,” further impeding your ability to find suitable replacement work after being falsely accused of sexual harassment.
Potential Consequences of Claims of Sexual Assault
Being falsely accused of sexual assault can also result in damage to a professional’s reputation. He or she may be scorned by the community. His or her family may be subject to harassment. His or her social life may be negatively impacted.
If charges are pursued against you for sexual assault, the potential consequences you face can be significant. While laws vary substantially by state, sexual assault can often be classified as a felony offense, depending upon the circumstances. A conviction for sexual assault may result in criminal consequences such as:
- Incarceration – Criminal defendants are often sentenced to longer terms of incarceration than other types of defendants.
- Fines – Some states assess large fines against defendants who are convicted of sexual assault.
- Restitution – Some states require defendants to pay victims of sexual assault compensation for any damages that the victim suffered, such as medical expenses or counseling expenses to deal with the emotional trauma of the event.
- Probation – Criminal defendants may be given probation for years during which time they are closely monitored and prevented from engaging in certain activities.
- Registration as a sex offender – Some states may require a defendant to register as a sex offender if convicted of sexual assault. This registration requirement may limit the defendant’s ability to find work and adequate housing.
Even when sexual assault charges do not rise to the felony level, they can still include significant criminal consequences. For example, California law provides that a conviction for misdemeanor sexual assault can result in a maximum jail sentence of six months or one year, depending on the circumstances, coupled with a fine up to $2,000 or $3,000 if the victim was your employee.
In addition to these criminal consequences, a defendant may also face a civil claim for sexual assault in which the victim can ask for monetary compensation for any harm done to him or her.
Responding to False Claims of Sexual Harassment or Sexual Assault
The key to aggressively defending against false claims of sexual harassment or sexual assault is to have professional legal assistance at the earliest stages. It is critical to quickly retain legal counsel who are experienced at defending against claims of sexual assault, even before a case has been filed. Experienced attorneys can often get charges dropped before an investigation is concluded. Additionally, they can ensure that your rights are protected and that law enforcement and prosecutors are held to the highest burden. They can protect you from warrant-less searches or devious law enforcement officers who try to trick you into admitting things that can later be used against you when you were simply providing innocent explanations.
Early Investigation
Early investigation is critical to protect your rights. Your sex crime lawyer can complete an investigation into the sexual assault claims against you. If there is any physical evidence, they may be able to use this to prove your innocence. Often, sexual harassment cases are based solely on the word of the alleged victim. There may be insufficient evidence because this “victim” made up the accusations or is trying to cover up a consensual act that they now regret. In cases alleging sexual harassment, there is often little or no evidence that the prosecution can use against you and your federal sex crime attorney can argue that the prosecution cannot meet its high burden. Additionally, they can evaluate the victim’s credibility and thoroughly investigate if the victim has some reason to lie about the claims he or she is making.
Document Everything
To help your investigation, it is important that you document everything to prove your innocence. Keep a folder with emails from the alleged victim. Write down the names and phone numbers for any witnesses that may have seen or heard anything related to the claim. Do not delete any texts you have. Often, these communications will show that there was a back and forth between you and your accuser and not that he or she was a victim of sexual harassment. Check for sex crime attorney near me.
