Irvine- Juan Candela was a security guard for a high school located in Irvine. He and a 16 year old female student were having a sexual relationship. It is alleged that they would regularly have sex in his car and at the minor's house. Newport Beach police caught the two of them in his car while they were engaging in a sexual activity. He is facing the charges of unlawful intercourse with a minor and oral copulation of a minor. He could be sentenced to three years and eight months in a state prison.
Unlawful sex with a minor can be defined in the California Penal code section 261.5. It breaks down the punishments of the charge unlawful sex with a minor into three sections:
1. Any person who has unlawful sex with a minor who is not 3 years older or younger than the minor is guilty of a misdemeanor.
2. any person who has unlawful sex with a minor and the minor is 3 years younger, it is either a misdemeanor or a felony
3. Any person who is 21 years of age or older and has unlawful sex with a minor who is under the age of 16, is guilt of a misdemeanor or a felony.
Many time s, the charge of unlawful sex with a minor is considered a "wobbler" which means it can either be a felony or a misdemeanor. The defenses, prior history, and the facts in your case will determine what it will be charged as. Oral copulation is another charged described in this case. It is defined in the California Penal code 288 and it states that anyone who conducts any lewd or lascivious act on a child who is under the age of 14. This is usually charged as a felony and a person charged with crime can face up to 8 years in prison.
Sex crimes like unlawful sex with a minor and oral copulation on a minor are very serious charges to have on a person's record. Many sex crimes require a person found guilty of a sex crime to register with the state as a sex offender. Since theses charges are so serious anyone facing a sex crimes charge should retain a Newport Beach criminal defense attorney right away.
How can an Irvine criminal defense attorney help you in your sex crime charge?
At the Law Office of Michael Guisti we understand the seriousness of a charge like unlawful sex with a minor. We have been successful in representing clients not only in sex crime cases but other misdemeanor and felony charges like assault, battery, domestic violence, theft crimes, drug crimes, murder, and white collar crime like embezzlement. We have also had experience in helping clients with their appeals and the filing of a petition for Writ of Habeas Corpus.
If you or a loved one is facing a charge and are in need of a Orange County criminal defense attorney call our office toady at (714)530-690. We handle cases in Orange, Los Angeles, Riverside, San Diego and San Bernardino Counties. You can also visit our website at www.topcalifornialawyer.com.
