Sodomy Charges

Beverly Hills Sex Crime Attorney

Sodomy is anul copulation that was legalized in the United States. Under California law (Penal Code 286 PC), anul copulation is only a crime if it involves:

Forcing someone to have sodomy against his/her will (through force, violence, fear or violation of Penal Code 286(c)(2) or Penal Code 286(c)(3))
Committing acts of sodomy with minor children
Performing on a person who is too intoxicated to consent to the activity, unable to give consent due to a mental disorder or physical disability, or who is unconscious

If you are facing sodomy charges, do not fear! There are defenses available to you and the Law Office of Peter Berlin can investigate every aspect of your case and determine which defense applies best to your situation.

What the Prosecution Must Prove

In order to find you guilty of a crime of sodomy, the prosecution must show that you engaged in an act of sodomy (any amount of penetration, no matter how slight, constitutes sodomy) with another person in an illegal manner. If the prosecution can prove that you lied about what sodomy entails, stated that it served a professional purpose when it did not or pretended to be the victim’s spouse, then you can be convicted for fraudulently inducing someone to engage in sodomy. In summary, you could be found guilty of criminal sodomy if the prosecution can prove any of the following:

You participated in an act of sodomy with someone under the age of 18
You are over the age of 21 and participated in the act of sodomy with someone under the age of 16
You participated in the act of sodomy with a person under the age of 14 and your age difference is more than 10 years
You committed an act of sodomy by means of force, violence, duress, menace or fear
You committed an act of sodomy where the act was accomplished against the victim’s will by threatening to retaliate in the future against the victim or victim’s loved ones if they did not participate
You committed an act of sodomy while the victim was unconscious
You committed an act of sodomy when the victim was unable to consent due to a mental disorder or physical disability

If the prosecution can prove any of the above, you can be convicted of criminal sodomy and will face very severe penalties.

Penalties You Could Face

You can be charged with misdemeanor criminal sodomy, which comes with a maximum $1,000 fine, up to a year in county jail and informal probation or felony criminal sodomy. This offense comes with a maximum $10,000 fine, 16 months to three years in state prison and formal probation. If you are convicted of conspiring or aiding/abetting another person to commit criminal sodomy you could face five to nine years in state prison as well as all of the other felony penalties listed above. You could also face an additional three to six year prison sentence if the victim suffered a great bodily injury.

If you are convicted of misdemeanor criminal sodomy or felony criminal sodomy you will have to register as a sex offender. You will also receive a strike on your record in accordance with California’s Three Strikes Law.

Defenses Available to You

Perhaps you are the victim of false allegations or mistaken identity, or perhaps insufficient or inaccurate evidence has led to the charges you face. Regardless, Attorney Peter Berlin will commit a 100% of his energy, skills and resources to fighting for your innocence! Other defenses that could be available to you include the following:

The victim consented to the activity
You reasonably believed the alleged minor was an adult
You committed battery (unwanted touching, a lesser offense) but not criminal sodomy

Contact the Law Office of Peter Berlin today to get an aggressive criminal defense attorney on your side immediately! Take advantage of a firm that has over 15 years of experience handling criminal cases!