Being accused of any criminal offense is a serious issue because of the possible penalties you could face after conviction. However, the stakes are higher if the accusations you are facing involve an alleged sex offense. Among the most grave sex-related crimes you could face is any offense involving oral copulation.
In addition to the possible unaffordable fines and jail sentence, a conviction for the offense of oral copulation by force or fear will attract other detrimental consequences that could affect your quality of life. For example, a conviction for this offense will result in sex offender registration duties, a damaged reputation, and even deportation when you are a non-citizen because it is a crime involving moral turpitude.
At Desert Defense Lawyers, we can do our best to help prevent these consequences or secure a favorable outcome if you are under arrest or charged with this offense in Palm Desert.
A Look at Oral Copulation By Force/Fear Offense Under Penal Code (PC) 287
PC 287 is the statute that defines the crime of oral copulation by force/fear. According to this law, it is illegal to engage in non-consensual oral sex or oral copulation with someone. In other words, you commit this crime when you make contact between your genitals or anus and another person's mouth.
However, when the victim of the offense was your spouse, a criminal charge under this statute will not be viable, but the prosecutor could file a different charge against you. If you are under arrest as a suspect in a PC 287 case, the prosecution team will file your case as a felony, meaning the sentence you will face after conviction at trial will be harsh.
However, that does not mean a conviction is inevitable. With the legal assistance of a skilled defense attorney, you could secure a dismissal of the charges or a lighter sentence. Therefore, you should speak with an attorney as soon as possible to help you prepare viable legal defenses to challenge the allegations facing you at trial.
The Arraignment Hearing After an Arrest as a Suspect in a PC 287 Case
The arraignment is one of the earliest and most vital stages in the criminal justice system. If the alleged PC 287 requires you to remain in legal custody or jail after an arrest, your arraignment should occur within forty-eight hours, excluding weekends and holidays.
When your arrest occurs on a holiday or weekend, you could end up behind bars for up to seventy-two hours before your initial court appearance. The arraignment is considered your initial appearance because it is the first time you will meet with a judge after an arrest. During this court proceeding, the court will:
- Read to you your legal rights
- Read to you the charge filed against you
- Accept your plea choice, which could include a guilty, not guilty or not contest plea
- Set, modify, or deny your bail request
Some of the crucial rights the court should advise you of during the arraignment hearing include the following:
- The right to have a defense attorney represent you, which could be a court-appointed public defender
- The right to question and confront eyewitnesses in the alleged case
- The right against self-incrimination
- The right to a speedy trial
- The right to a trial by a jury
While the court can appoint a public defender to represent you during this proceeding, hiring a personal defense attorney would be wise for aggressive legal representation. The attorney you hire can help negotiate with the court to award you the minimum bail amount possible to secure your pretrial freedom before the alleged PC 287 charge verdict.
If you choose a “not guilty” plea, the judge will schedule future court proceeding dates for the pretrial proceeding and, if necessary, the trial.
What to Expect at the Trial Hearing for the Alleged PC 287 Charge
While some cases resolve at the pretrial phase of the criminal justice system through plea deals, others will not. If your PC 284 case has to proceed to trial, your attorney should have his/her defense arguments and evidence ready because the court judgment at this proceeding is final.
The trial procedures will remain the same whether you choose a bench trial before a judge or a jury trial consisting of twelve community members. To secure a conviction against you, the prosecutor will bear the burden to prove facts described below beyond a reasonable doubt:
-
You Engaged in Oral Copulation With Someone
According to PC 287, you engage in oral copulation or oral sex with someone when you make your anus or genitals contact his/her mouth, regardless of how slight. The term “genitals” refers to the penis, scrotum, or vagina. You could be guilty under this law, even if a penetration did not occur. Some of the evidence the prosecution team will use to prove this element includes the DNA and surveillance videos.
-
The Other Person Did Not Consent to the Sexual Act
For the court to convict you for a PC 287 violation, the prosecutor bears the legal burden to prove that your acts with the other person were non-consensual. It is worth noting that even if the other person consented to the acts, you could be guilty under this law if he/she withdrew permission but continued with the acts using force or fear.
Also, the following facts will not be sufficient to prove that the person consented to the acts:
- You and the victim were married or are currently married
- You requested to use protection
- You and the victim were recently in a romantic relationship
However, if you had a reasonable belief that the person consented to the acts, you could still have an opportunity to challenge the alleged offense. According to this statute, the following people are incapable of consent, meaning you could be guilty under PC 287 when you have oral copulation with any of them:
- An intoxicated individual
- An unconscious individual
- A person with a mental disorder
-
You Used Fear or Force
The last fact the prosecution team must prove to secure a conviction against you under PC 287 is that you used fear or force to make the other person consent to oral copulation.
If the prosecutor’s evidence is sufficient and convincing beyond a reasonable doubt, the court will convict you of a PC 287 charge. Depending on the complexity of your unique case and the availability of the necessary information, the court could sentence you immediately after the trial or schedule your sentencing for a later date. With the help of your attorney, you can also appeal the court’s verdict on your case.
The Sentence for a PC 287 Charge Conviction
The sentence and repercussions of a PC 287 charge conviction can be life-changing. The seriousness of the potential legal penalties you will face will depend on your criminal record and the sophistication of your unique case. The court will also consider whether the victim sustained physical injuries and the seriousness of these injuries.
However, since it is a felony crime, the sentences you should expect after a PC 287 charge conviction are generally harsh, including the following:
- A fine not exceeding $10,000
- Three (3), six (6), or eight (8) years of jail sentence
- Felony probation
Generally, the court will not award probation in criminal cases involving the use of fear or force, or if the victim was unconscious or intoxicated. The court will only consider felony probation or parole as an alternative sentencing option for your offense if the victim was disabled. If the victim of the offense was below fourteen years at the time of the act, you could face a jail term of up to twelve (12) years.
However, if the other person or victim was between fourteen (14) and eighteen (18) years old, you could face up to ten (10) years behind bars.
If the court convicts you of this offense alongside other offenders “in concert”, you will face enhanced penalties under PC 288a. That is true regardless of whether you actively participated in the offense or aided another person in committing the offense. Some of the penalties you could face in this situation include the following:
- Five (5), seven (7), or eight (8) years of legal custody if the victim was not a minor
- Eight (8), ten (10), or twelve (12) years of legal custody if the victim was between fourteen (14) and eighteen (18) years old
- Ten (10), Twelve (12), or Fourteen (14) years of legal custody if the other person was below fourteen years of age
Other Consequences of a PC 287 Charge Conviction
Beyond the long jail sentences and unaffordable fines, a PC 287 violation conviction will also affect your life quality in various ways. Other ramifications of a PC 287 charge conviction include the following:
-
Revocation or Suspension of Your Professional Licenses
Unfortunately, the court will notify the licensing board after a conviction for a crime involving moral turpitude, like a PC 287 charge. When that happens, the board will likely revoke or suspend your practice license for a specific period, significantly affecting your source of income.
-
Challenges Securing Employment
When you have a PC 287 charge conviction, finding reliable employment will be problematic because employers today perform criminal background checks before hiring workers.
-
Enhanced Legal Penalties Under the Three Strikes Law
A PC 287 violation conviction is a hit on your record under the Three Strikes Law because it is an offense of moral turpitude. That means if you have two prior strikes or convictions, your third conviction could attract up to twenty-five years in prison.
-
Inclusion in the Sex Offender Registry
Most of the sex offenses will also result in sex offender registration duties. That means the court will require you to register with the law enforcement authorities and renew the registration yearly. You must also inform the law enforcement authorities whenever you want to relocate.
As a registered sex offender, the court will also require you to follow some rules and regulations, which can have a significant effect on your liberty and lifestyle.
Viable Defenses Your Attorney Could Use to Challenge a PC 287 Charge
A PC 287 violation conviction carries grave legal and social consequences, but with the legal services of a skilled lawyer, you may be able to have the case dismissed at trial or reduced to a lesser charge. Whether the prosecution team will secure a PC 287 charge conviction at trial depends on the strength of his/her evidence against you and your attorney's legal defense arguments.
The following legal defenses can weaken or raise doubt about the prosecutor's case and evidence against you to secure a favorable verdict:
The Victim Consented to the Sexual Acts
The court will consider consent as a valid defense argument for this offense if the victim was an adult and capable of consent, meaning he/she was not intoxicated, mentally ill, or unconscious at the time of the offense. If this defense works in your favor, the judge or jury could reduce or dismiss your PC 287 charge.
The Prosecutor's Evidence is Insufficient
A PC 287 offense, most of the time, does not have any physical evidence. Oftentimes, all the prosecutor has is the victim's accusations against you. If that is the case, a skilled defense attorney can apply numerous investigative tools, including private polygraph tests, to convince the court that the prosecutor's case against you is insufficient.
The Evidence the Prosecutor Has Against You is Illegal
The court will consider the evidence the prosecutor has against you unlawful if your attorney can prove the police obtained the evidence through a warrantless search. If this defense works in your favor, the court will suppress that particular evidence, meaning the prosecutor cannot use it against you, increasing your odds of securing a favorable outcome.
You Were Falsely Accused
Arguing that you are a victim of false accusations is another viable legal defense for a PC 287 charge. That would be possible after an unpleasant breakup or divorce, which could make one partner fabricate accusations to seek revenge against the other.
If the only evidence the prosecutor has against you is statements from the accuser or victim, your defense attorney can argue that you are a victim of false accusations to secure the best possible results.
You are a Victim of Mistaken Identity
Like false accusations, issues of mistaken identity are also common in sex-related crimes, including a PC 287 violation. If the victim picked you as the offender out of a lineup presented by the police, arguing that you could be a victim of mistaken identity could be a viable legal defense. That is particularly true if the offense occurred in an unlit environment or if you are from the same race as the offender.
A PC 287 Charge and Common Related Crimes
Sometimes, if the prosecutor's evidence for a PC 287 charge is insufficient, he/she could file any of the following related charges against you:
Oral Copulation With a Minor
As the name suggests, you commit this offense when you engage in oral copulation with a child under eighteen years (minor). According to PC 287, minors are incapable of consent, meaning it is illegal to engage in any kind of sexual activity with them, including oral copulation. Depending on the circumstances of your unique case, a conviction under this statute could lead to a jail sentence of up to fourteen years.
Sexual Battery
According to PC 243.4, you commit a sexual battery crime when you touch the intimate or sexual parts (breast, penis, vagina, buttocks, groin, or anus) of another person without his/her consent for sexual arousal or gratification. Depending on your case circumstances and facts, a PC 242.4 violation conviction could attract felony or misdemeanor penalties because it is a wobbler.
A misdemeanor sexual battery offense will lead to a jail sentence of not more than six months and a fine not exceeding $2,000. Conversely, a felony PC 242.4 violation conviction will carry a fine not exceeding $10,000 and a jail sentence of two, three, or four years.
Rape
PC 261 defines a rape offense as the use of fraud, threats, or force to have non-consensual sexual intercourse with someone. When charged with a rape offense, a conviction could result in the following felony penalties:
- Up to eight years of jail sentence when the victim was eighteen years or older
- Up to thirteen years of jail term if the victim was thirteen years old or younger
- Up to eleven years of jail sentence if the victim was aged between fourteen and eighteen years
- Felony probation
Find a Credible Defense Attorney Near Me
When you are under investigation or charged with a PC 287 charge, the rule of thumb is to discuss your case with a skilled and reputable defense attorney for legal guidance and representation in court. An attorney's early intervention in your case could make a significant difference in the outcome of your case.
At Desert Defense Lawyers, we are ready to investigate every detail of your case and interview eyewitnesses to build the best legal defense arguments for your unique case. We invite you to call us at 888-293-0396 to discuss the facts of your unique case with us, wherever you are in Palm Desert.
