Answers from a Los Angeles Forcible Sodomy Defense Attorney
Forcible Sodomy (PC 286) is a very serious charge in California. Depending on the exact accusation, a Forcible Sodomy conviction can carry with it a Strike under California’s Three Strikes Law. If you or someone you love has been arrested for Sodomy, you need to act. Speak with an experienced Los Angeles Forcible Sodomy attorney to fight these charges.
What does the prosecution have to prove to convict someone of assault with a deadly weapon?
What does the prosecution have to prove to convict someone of Sodomy?
To convict someone of Sodomy under PC 286(a), the prosecution must prove:
- The accused engaged in anal intercourse plus one of the following:
- The accused used force or fear and was against the alleged victim’s will (PC 286(c)(2)(A));
- The accused threatened to retaliate against the alleged victim (PC 286 (c)(2)(D)(3)); or
- The alleged victim was unconscious (PC 286(f));
- The alleged victim was incapable (because of a disability) of giving consent (PC 286(g) and PC 286(h));
- The alleged victim could not consent due to intoxication (PC 286(i));
- The accused threatened to arrest or deport the alleged victim (PC 286)(k).
Penalties and Sentencing for Sodomy Charges
If convicted of Sodomy Under PC 286, the accused faces:
- Up to 8 years in prison (depending on the exact accusation)
- Victim restitution costs, where applicable
- A strike under California’s Three Strikes Law (depending on the exact accusation)
- Fines of up to $10,000
- Sex Offender Registration
Can I get Probation for Sodomy in Los Angeles?
Sodomy is generally a strike offense and is punishable by prison time. However, a skilled Los Angeles Sodomy defense attorney may be able to get someone accused of Sodomy a reduced charge and possibly probation.
If you need help with a Sodomy charge, you can call us anytime for a free consultation: (213) 377-6102.
Defenses to Sodomy Charges
False Accusation
Are the accusations false? If the accused faces a false Sodomy accusation, a skilled Los Angeles Sodomy attorney may be able to show that the victim is lying.
Lack of Intent
Did the accused genuinely believe that the alleged victim consented freely and voluntarily? If so, the accused is not guilty of Sodomy under most subsections of PC 286(a).
Help from a Los Angeles Forcible Sodomy Defense Attorney
If you or a loved one have been accused of Sodomy, we can help. Call us at (213) 377-6102 for a free consultation with an attorney about your case.
