Sexual assault is a grave crime that could result in serious legal and social ramifications, including jail time and stigmatization. That is particularly true if the victim involved is legally a minor (a person aged under 18). 

When you or a loved one is under arrest or investigation as an offender in an aggravated sexual assault offense under Penal Code 269 (PC), legal assistance from a credible defense attorney would be helpful. Even if the prosecution fails to secure a conviction against you due to insufficient evidence, these allegations could negatively impact your reputation.

However, being under arrest or investigation for an alleged PC 269 does not automatically mean a conviction is inevitable. While moments after an arrest could be confusing and stressful, with the legal assistance of a skilled attorney, you can secure your freedom on bail to go home to your family while awaiting your case verdict.

Aggravated Sexual Assault Offense at a Glance

Penal Code 269 is the statute that defines the aggravated sexual assault of a child offense. You violate this statute when you commit certain sexual acts against a child under fourteen (14) years old, and the child is at least seven (7) years younger than you. Here are a few examples of acts that could attract PC 269 charges:

  • Derrick, a twenty-two-year-old boy, forces Carol, who is aged thirteen, to have oral sex with him under the threat of injuring her family. Since Derrick is seven (7) years older than Carol, the prosecutor could file PC 269 charges against you

  • Kennedy, who is aged twenty-five (25) years, is dating Agnes, who is thirteen years old. Then, they engage in consensual sexual intercourse. In this case, Kennedy could face PC 269 charges because Agnes is more than seven years younger

A PC 269 violation is a felony and one of the most serious offenses in the Penal Code. If you or a friend is under arrest as an offender in a PC 269 case, the assistance of a credible, experienced criminal defense attorney would be helpful.

Even if it is impossible to challenge the offense because the evidence the prosecutor has against you is overwhelming, a seasoned attorney could convince the court to reduce the charge to a serious offense or impose a lighter sentence.

Sex Crimes That Could Attract Charges Under PC 269

Not all sex crimes where a child is a victim will attract PC 269 charges. As mentioned in the previous paragraph, you commit a PC 269 offense when you perform or commit specific crimes against a minor aged under fourteen years, and he/she is at least seven (7) years younger than you. Below are examples of sexual acts or conduct that would count as a PC 269 violation:

  1. Rape

You commit a rape offense when you engage in sexual penetration with someone else using intimidation, fear, or threats. Even though you did not accomplish the sexual act using threats, intimidation, or force, the prosecutor can secure a rape charge conviction against you under PC 261 if the other person, the “victim,” was under the influence or unable to consent.

However, under this statute, minors are incapable of consenting to any sexual act, meaning that arguing that a child under the age of eighteen consented to the sexual intercourse is not a rape defense.

  1. Sodomy

According to Penal Code 286, you commit a sodomy offense when you engage in non-consensual anal sex with another person. While sodomy is legal, the act will be illegal if:

  • The other person is a minor

  • You accomplished the act using fear or force

  • The victim was incapacitated, unconscious, or under the influence

If the minor was under 14 years old and you are at least 7 years older than the child, the court could convict you under PC 269. The prosecution team could secure a conviction against you under this statute if there is sufficient evidence to prove there was penetration between your penis and the child's anus, regardless of how slight.

  1. Oral Copulation of a Minor

As the name suggests, you commit the offense of oral copulation when you make the mouth of someone under eighteen touch your vagina, anus, or penis. If the minor was under fourteen years old, the prosecutor could file PC 269 charges against you if you are at least seven years older than the child.

  1. Forcible Penetration

Forcible penetration of another person's vagina or anus using an object, and he/she did not consent to the act, is unlawful under PC 289. Like a rape offense, the prosecutor could secure a PC 269 conviction against you if the victim was incapable of consent, unconscious, or under the influence.

  1. Rape in Concert

PC 264.1 is the statute that defines the offense of rape in concert, also commonly known as “gang rape.” you commit this offense when you and two or more other accomplices engage in non-consensual sexual penetration with someone else.

If you are under arrest or investigation as a suspect in any of these offenses, and the alleged victim is a minor, hiring a skilled criminal defense attorney is a decision you cannot regret.

While the prosecutor treats a PC 269 charge as a distinct crime, it is generally viewed as an enhancement statute because it carries a harsher sentence than the underlying sex offense.

What to Anticipate Following an Arrest as an Offender in a PC 269 Case

After an arrest and the booking process, you should anticipate the following court hearings:

Arraignment Hearing

After an arrest for an alleged PC 259 charge, your arraignment hearing occurs within forty-eight hours, as long as the arrest did not occur on the weekend or a public holiday. At this phase of the court process, the judge will:

  • Inform you of the allegations you are facing

  • Give you a chance to choose your plea to the charges

  • Choose a public defender to represent you if you do not have an attorney

Ensure you speak with a criminal defense attorney or public defender before choosing your plea option. The available plea options include the following:

  • No contest

  • Guilty

  • Not guilty

Each of these plea choices has its legal repercussions. For example, when you choose to plead guilty to the alleged PC 269 charges, your case will proceed straight to sentencing, where the judge will determine a fair penalty for your violation. Your attorney can guide you on the suitable plea choice, depending on the facts of your unique case.

During your first court appearance, the judge will also check your eligibility to secure your freedom on bail in a separate hearing known as the bail hearing. Some of the aspects that will come into play when determining whether you qualify for a pretrial release on bail include (but are not limited to) the following:

  • Your community and family ties

  • Your criminal record

  • Whether you have a history of skipping bail

  • Your behavior and conduct while in court

  • The facts of the alleged PC 269 charge

  • Chances of fleeing to another state or country after securing your pretrial release

When the court finds that you are ineligible for this pretrial release option, you will stay in jail as the alleged violation continues.

Pretrial Hearing

During the pretrial hearing, the prosecution team and your attorney will share their available evidence on the alleged PC 269 violation. The exchange of proof can help your attorney point out the weaknesses and loopholes in the prosecutor's case against you.

At this phase of the court process, the prosecution team and your criminal defense attorney can also file various motions, which can significantly impact the outcome of your case. Examples of common pretrial motions include:

  • The Pitchess motion

  • Motion to dismiss

  • Motion to suppress evidence

  • Motion for continuance

Trial Hearing

When you plead not guilty at the arraignment hearing, you should prepare to fight the alleged offense at trial. Whether you choose a judge (bench trial) or a jury trial (jurors) to represent you in court, the evidence your attorney presents in court must be convincing beyond any reasonable doubt.

For the court to convict you of a PC 269 violation, the prosecution team must also meet a similar standard of proof. Here are facts the prosecution team must prove to secure a guilty verdict against you under PC 269:

  • You committed any of the specific offenses discussed above with an underage person

  • The child was aged fourteen years or below

  • You are at least seven years older than the minor

Sentencing Hearing

When the jurors or judge convicts you under PC 269, your case will proceed to the sentencing phase, where the court determines an appropriate and fair penalty for your offense. Your attorney's assistance during the sentencing hearing is as critical as any other phase of the criminal court process. The attorney's mitigating arguments could convince the judge to impose a lighter sentence.

Other factors that will come into play when determining the ideal penalty for your offense include:

  • Your case’s facts

  • Your criminal history

  • The prosecutor's aggravating arguments

  • Whether you regret or are remorseful for the violation and are ready to live as a law-compliant citizen

Generally speaking, the penalties you should expect when the prosecution team secures a conviction against you under PC 269 include the following:

  • Up to fifteen years to life behind bars

  • A fine amounting to up to $10,000

  • Requirement to register and re-register as a sex offender

  • Felony probation

It is worth noting that you may also face consecutive jail terms when the prosecutor secures a conviction against you for two or more counts of a PC 269 offense, and:

  • The victim is one, but the assault occurred on separate occasions or

  • The victims are two or more

Early intervention and the legal assistance of a reputable attorney early in your case can mean the difference between a conviction, a dismissal of the charge, or a lighter sentence following an arrest for a PC 269 offense.

Appeal Hearing

If you believe your conviction is unfair, you can appeal the verdict through the appellate court or superior court. However, you need adequate evidence to file this petition with the appellate court. Here are a few grounds for filing an appeal after a PC 269 charge conviction:

  • You have new evidence

  • Your case had a prosecutorial or jury misconduct issue

  • The prosecutor applied unlawful evidence to secure a conviction against you

  • The prosecutor's evidence was insufficient

  • You had an incompetent or ineffective criminal defense attorney at trial

Depending on your attorneys' aggressiveness, the judge could decide to affirm the verdict or overturn it, which would necessitate a new trial for the offense.

Viable Legal Defenses to a PC 269 Violation

If you or a loved one has a pending PC 269 charge, you can challenge the allegations using different legal defenses. With the legal help of an attorney, you can show the judge or jury at trial that:

The Victim Was Not a Minor

You are only guilty under PC 269 if the person involved was a minor aged fourteen years or below. That means the charges will not apply if the other person was an adult (someone aged eighteen years). However, the prosecution team could secure a conviction against you for the underlying offense. A reliable attorney will know whether this is a reliable defense argument for your unique case.

Someone Falsely Accused You of the Act

A PC 269 violation is an offense ripe for false accusations, and judges understand that. Someone with vengeful or jealous motives can coach a minor to say that you assaulted him/her, but you did not. In this case, you will rely on your attorney to help you disprove these allegations. If everything works to your advantage, the court will reduce or dismiss your charges.

Someone Coerced You to Give a Confession to the Allegations

Because of the nature of a PC 269 offense, the investigating officers could be tempted to coerce you to confess. If that were the case, you could challenge the offense at trial with the help of a skilled attorney.

In this situation, the judge could decide to set aside your confession and dismiss the charges if your attorney has clear and convincing evidence to support the legal defense.

Other Crimes Related to a PC 269 Charge

A PC 269 charge is closely related to various other sex-related offenses, including the following:

Continuous Sexual Abuse of a Child

You commit the offense of continuous sexual abuse of a child under Penal Code 288.5 when you commit two or more acts of lewd or any substantial sexual acts with a minor, and you:

  • Live with the child or have recurring access to him/her

  • The child is under fourteen years old

  • The act occurred over a duration of three or more months

If you have a felony PC 288.5 charge, you could face the following felony penalties after conviction:

  • A jail term of six, twelve, or sixteen years

  • A fine not exceeding $10,000

Rape

As mentioned in the previous paragraph, when the prosecutor lacks sufficient evidence to secure a PC 269 charge against you, he/she could secure a guilty verdict against you for the underlying offense. For example, if the prosecutor has no evidence to prove the child was fourteen or younger, the PC 269 charges will not prevail. In that case, he/she could file rape charges against you if the victim is an adult.

Like the PC 269 charge, a rape charge is a felony, and a conviction could attract grave penalties up to eight years of prison time.

Post-Conviction Relief Options You Could Qualify for Following a PC 269 Charge Conviction

Unfortunately, the impacts of a conviction go beyond the fine and lengthy prison time. In addition to these legal penalties, a conviction on your record can make it challenging to secure a professional license, employment, or a rental apartment.

However, you can avoid these repercussions of having a PC 269 charge conviction on your criminal record by seeking post-conviction relief. Common options you could qualify for include:

  • Certificate of Rehabilitation

  • Gubernatorial pardon

In addition to improving your employability after serving your jail time and paying your dues, these post-conviction relief options could free you from your duty to register as a sex offender. Inclusion in the sex offender registry after a PC 269 charge conviction means that you have to register with your local law enforcement agency:

  • Annually, within five (5) days of your birthday

  • Within five (5) days of changing your residence

While you could be ineligible for expungement following a PC 269 violation conviction, with the legal assistance of an attorney, you may qualify for any of these post-conviction relief options to avoid the negative consequences of a conviction.

Find an Aggressive Criminal Defense Attorney Near Me

Working with a reliable attorney is crucial if you are under investigation or have a pending PC 269 charge. A seasoned attorney could negotiate with the prosecutor to have the charges dismissed or reduced. If you need aggressive legal representation challenging the PC 269 charge, our attorneys at California Criminal Lawyer Group can help.

Call us at 408-622-0204 if you need quick legal assistance challenging a PC 269 charge in San Jose.