Sex Crimes Attorney in Stockton, CA
Attorney Lance Jacot has over ten years of experience in the successful defense of people accused of sex-related crimes. His client Dion G, for example, was facing multiple counts of forcible rape carrying a sentence of life in prison. Mr. Jacot won a complete acquittal after a jury trial and Dion G was set free.
Mr. Jacot has experience and expertise in handling all types of sex crimes in and around Stockton, CA, including:
- Assault with the Intent to Commit Rape
- Child Molestation
- Kidnapping For the Purpose of Committing Rape
- Pimping and Pandering
- Rape (Spousal, Forcible and Statutory)
Penal Code section 290 Registration:
Defendants who are convicted of certain sex crimes, or the attempt to commit them,for the rest of his or her life while residing in California, shall be required to register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act.
The following persons shall be required to register:
Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above-mentioned offenses.
Special Sentencing Rules for Certain Sex Crimes:
An entirely separate sentencing scheme applies if certain enumerated sex offenses are perpetrated on a single victim on a single occasion. When a defendant is convicted of one or more enumerated sex crimes, the trial court has discretion to ignore the usual rule of Penal Code section 1170.1(a) limiting consecutive terms to one-third the midterm. Instead, the court may sentence some or all of the enumerated sex crimes under Penal Code section 667.6(e), which allows full-term consecutive sentences. Therefore, the trial court has two decisions:
● Whether the terms should be concurrent or consecutive; and
● Whether any consecutive terms for the enumerated sex crimes should be imposed under 1170.1(a) (one-third the midterm) or under 667.6(e) (full consecutive terms).
If a defendant is convicted of enumerated sex offenses committed against different victims, or against the same victim on different occasions, Penal Code 667.6(d) requires full consecutive sentences. This means the Penal Code section 1170.1(a) one-third the midterm formula does not apply. The court has the usual discretion to choose between, and state reasons for, the lower, middle, or upper base term. However, no statement of reasons is necessary for the mandatory consecutive terms. Under these circumstances, leniency may only be expressed by imposing consecutive full lower terms.
Penal Code section 667.6, states:
(a) Any person who is convicted of an offense specified in subdivision (e) and who has been convicted previously of any of those offenses shall receive a five-year enhancement for each of those prior convictions.
(b) Any person who is convicted of an offense specified in subdivision (e) and who has served two or more prior prison terms as defined in Section 667.5 for any of those offenses shall receive a 10-year enhancement for each of those prior terms.
(c) In lieu of the term provided in Section 1170.1, a full, separate, and consecutive term may be imposed for each violation of an offense specified in subdivision (e) if the crimes involve the same victim on the same occasion. A term may be imposed consecutively pursuant to this subdivision if a person is convicted of at least one offense specified in subdivision (e). If the term is imposed consecutively pursuant to this subdivision, it shall be served consecutively to any other term of imprisonment, and shall commence from the time the person otherwise would have been released from imprisonment. The term shall not be included in any determination pursuant to Section 1170.1. Any other term imposed subsequent to that term shall not be merged therein but shall commence at the time the person otherwise would have been released from prison.
(d) A full, separate, and consecutive term shall be served imposed for each violation of an offense specified in subdivision (e) if the crimes involve separate victims or involve the same victim on separate occasions.
In determining whether crimes against a single victim were committed on separate occasions under this subdivision, the court shall consider whether, between the commission of one sex crime and another, the defendant had a reasonable opportunity to reflect upon his or her actions and nevertheless resumed sexually assaultive behavior. Neither the duration of time between crimes, nor whether or not the defendant lost or abandoned his or her opportunity to attack, shall be, in and of itself, determinative on the issue of whether the crimes in question occurred on separate occasions.
The term shall be served consecutively to any other term of imprisonment and shall commence from the time the person otherwise would have been released from imprisonment. The term shall not be included in any determination pursuant to Section 1170.1. Any other term imposed subsequent to that term shall not be merged therein but shall commence at the time the person otherwise would have been released from prison.
(e) This section shall apply to the following offenses:
(1) Rape, in violation of paragraph (2), (3), (6), or (7) of subdivision (a) of Section 261.
(2) Spousal rape, in violation of paragraph (1), (4), or (5) of subdivision (a) of Section 262.
(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.
(4) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d) or (k), of Section 286.
(5) Lewd or lascivious act, in violation of subdivision (b) of Section 288.
(6) Continuous sexual abuse of a child, in violation of Section 288.5.
(7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d) or (k), of Section 288a.
(8) Sexual penetration, in violation of subdivision (a) or (g) of Section 289.
(9) As a present offense under subdivision (c) or (d), assault with intent to commit a specified sexual offense, in violation of Section 220.
(10) As a prior conviction under subdivision (a) or (b), an offense committed in another jurisdiction that includes all of the elements of an offense specified in this subdivision.
(f) In addition to any enhancement imposed pursuant to subdivision (a) or (b), the court may also impose a fine not to exceed twenty thousand dollars ($20,000) for anyone sentenced under those provisions. The fine imposed and collected pursuant to this subdivision shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs established pursuant to Section 13837. If the court orders a fine to be imposed pursuant to this subdivision, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county.