What You Need To Know If Charged With Oral Copulation in San Bernardino – PC 288(A)
An act of oral copulation with a minor or an act of copulation by force or fear in San Bernardino violates California Penal Code section 288a. Oral copulation is a serious crime because of the punishment that you will face if convicted. Due to the seriousness of that punishment, it is crucial that you contact a Wallin & Klarich attorney as soon as possible.
Oral Copulation Sentencing
Since oral copulation in San Bernardino is a “wobbler” offense, it can be charged as either a felony or a misdemeanor. A felony conviction is punishable by imprisonment in county jail for up to three (3) years and a misdemeanor conviction is punishable by imprisonment in county jail for up to one (1) year.
Below is a more specific breakdown of the sentencing for an oral copulation conviction in San Bernardino:
- Felony oral copulation with a minor
- If the victim is under the age of 16 and you are over 21, the offense is a felony punishable by up to 3 years in county jail.
- If the victim is under the age of 14 and you are at least 10 years older, the offense is a felony punishable by up to 8 years in state prison.
- Oral copulation by force is a felony punishable by up to 8 years in state prison.
- Oral copulation by threat of retaliation is a felony punishable by up to 8 years in state prison
- Oral copulation while acting in concert with another person is a felony punishable by up to 9 years in state prison
- Oral copulation committed while the victim is intoxicated is a felony punishable by up to 8 years in state prison
- Oral copulation accomplished against the victim’s will by threatening to use authority of public office is a felony punishable by up to 8 years in state prison
- Sex offender registration – If you are convicted of oral copulation in San Bernardino, you will be required to register as a sex offender under Penal Code section 290 for the rest of your life
Defenses to Oral Copulation in San Bernardino
Although the sentencing and punishment for oral copulation in San Bernardino is very serious, your San Bernardino Criminal Defense Attorney at Wallin & Klarich can raise several defenses on your behalf in an attempt to have your oral copulation charge reduced or dismissed.
In certain circumstances, having a good faith belief that the victim was at least 18 years of age can be used as a defense to oral copulation with a minor. In the case of oral copulation by force, consent could be a defense. It is important that you speak with an experienced Wallin & Klarich attorney to go over the facts of your case and see what possible defenses are available in your case.
San Bernardino Sex Crimes Attorney
The first and most critical step you must take is to obtain a team of San Bernardino sex crimes attorneys who has experience successfully defending oral copulation cases. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks, the attorneys at Wallin & Klarich, have over 40 years of experience in winning oral copulation cases for our clients. We have helped countless people who were in your situation.
Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.
