Oral Copulation – CPC 288a
Pursuant to California Penal Code 288a, oral copulation is defined as any contact between the mouth of one person and the sexual organ or anus of another. Penetration is not required. A person accused of oral copulation by force should speak immediately to an Orange County criminal defense lawyer who knows how to successfully and discreetly defend these types of cases. Daniel V. Cota & Associates, P.C. has experience in defending against sex crimes and is dedicated to helping clients defend against the life-changing consequences that coincide with an oral copulation conviction.
What is the Prosecution Required to Prove in an Oral Copulation Case?
If you or someone you know has been charged with oral copulation by force, the prosecution must prove the following beyond a reasonable doubt:
- The defendant committed an act of oral copulation with someone else;
- The other person did not consent to the act; AND
- The defendant accomplished the act by force, violence, duress, menace, or fear of immediate and unlawful bodily injury to anyone, by future threats of bodily harm, or by threat of official action.
In order to consent, a person must act freely and voluntarily and know the nature of the act. Under California law, a person must be at least 18 years of age to legally consent. Therefore, if the person was under 18 years of age and allowed you to perform oral sex, you can still be charged and convicted of a crime.
Orange County Criminal Lawyer Explains Potential Penalties for Oral Copulation
Oral copulation will be treated as a sex crime under a variety of circumstances and whether it is charged as a misdemeanor or felony will primarily depend on the ages of the accused and the alleged victim, and on the circumstances that surround the charged incident. Depending on the severity of the offense, an individual accused of this crime faces up to eight years in prison and will be required to register as a sex offender, pursuant to California’s Penal Code 290. Repeat offenders or offenders with prior sex crimes offenses could face life in prison if convicted.
Talk to an Experienced Orange County Oral Copulation Lawyer Right Away
If you have been accused of oral copulation, the most important thing you can do is retain an experienced Orange County criminal defense lawyer who will fight for your rights and obtain the results you need. At Daniel V. Cota & Associates, P.C., Attorney Cota will build a personalized defense for the specific facts of your case. There are a variety of defenses that the skilled criminal attorneys at Daniel V. Cota & Associates, P.C. know how to effectively convey to the judge and jury that will case reasonable doubt as to the validity of the charge. To schedule a free consultation with a dedicated and experienced Orange County criminal lawyer, contact Daniel V. Cota & Associates, P.C. toll free at 800.351.6860.