Accused of a sex crime in San Bernardino County? Your freedom, your reputation, and your future depend on who you call right now.
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A sex crime accusation — even before any charges are filed — can destroy a person's life in an instant. Your name appears in police reports. People talk. Employers search. Relationships shatter. And if charges are filed and a conviction follows, the consequences extend far beyond prison time: mandatory sex offender registration, the loss of your right to live in certain areas, restrictions on internet use, lifetime public stigma, and the permanent destruction of your professional and personal reputation.
At The Smalls Law Firm, we are one of San Bernardino County's most experienced sex crimes defense attorneys. We have defended clients against the full spectrum of sexual assault charges, rape charges, molestation allegations, and related sex offenses in these courts since 2008. We understand that sex crime accusations are among the most emotionally charged cases in the criminal justice system — and that false accusations happen far more often than the public realizes.
Whether the allegation arises from a relationship gone wrong, a misidentification, a vindictive ex-partner, or a complete fabrication, we approach every sex crime defense case with the same aggressive, methodical strategy: investigate the accuser's claims immediately, identify inconsistencies in their story, challenge the physical and forensic evidence, and build the most powerful defense the facts allow.
Sex crime prosecutions in California are aggressive. San Bernardino County prosecutors pursue these cases relentlessly, and the penalties — including mandatory lifetime sex offender registration for many offenses — are among the most severe in the criminal justice system. You need a sexual assault defense attorney and rape defense lawyer who will match that aggression and fight back with equal force.
If you have been contacted by detectives, asked to come in for questioning, or believe you are under investigation for a sex crime, do not say a single word to law enforcement without an attorney present. Sex crime investigations move fast. Anything you say will be used against you. Call The Smalls Law Firm at (909) 501-6882 immediately — we can intervene before charges are filed and protect your rights from the first moment of contact.
Every sex crime case is unique. The defense strategy depends on the specific charge, the evidence, and the circumstances. Here is how we approach sexual assault, rape, and sex offense cases.
In sex crime cases, the credibility of the accuser is often the most critical element of the defense. We investigate the complaining witness thoroughly — their history of prior false accusations, their motive to lie, communications between the parties before and after the alleged incident, social media activity, prior inconsistent statements, and any history of mental health issues that might affect their reliability as a witness. Sex crimes are among the most frequently falsely reported crimes in the criminal justice system. We take that reality seriously and investigate accordingly.
In rape and sexual assault cases, the prosecution must prove beyond a reasonable doubt that the sexual conduct was not consensual. We build comprehensive consent defenses — examining all communications between the parties before, during, and after the alleged incident, the prior relationship between the parties, the alleged victim's behavior before and after the alleged assault, and any physical evidence inconsistent with the prosecution's theory of non-consent. Text messages, emails, social media posts, and witness statements frequently reveal a very different picture than the one the prosecution presents.
Sex crime prosecutions frequently rely on DNA evidence, Sexual Assault Nurse Examiner (SANE) reports, and other forensic evidence. We retain independent forensic experts to scrutinize the government's science — challenging DNA collection and analysis procedures, the interpretation of physical evidence, and the conclusions drawn by the prosecution's experts. We have successfully challenged forensic evidence that appeared overwhelming on first review but contained serious methodological flaws that undermined its evidentiary value.
Sex crime investigations frequently involve constitutional violations — illegal searches of phones and computers, coercive interrogation tactics, and identification procedures that are inherently unreliable. We challenge every piece of evidence obtained in violation of the Constitution. Statements made without proper Miranda warnings, evidence seized without valid search warrants, and identification obtained through suggestive procedures are all subject to suppression — and suppression of key evidence can gut the prosecution's entire case.
In many sexual assault and rape cases, the defendant's identity is the central issue. Eyewitness identification in sexual assault cases is notoriously unreliable — research consistently shows that victims in high-stress situations frequently misidentify their attackers. We challenge identification evidence rigorously, examining the conditions of the identification, the procedures used by law enforcement, and any factors that reduce reliability. We simultaneously build comprehensive alibi defenses when our client was not at the location of the alleged assault.
When the evidence presents challenges, our focus shifts to achieving the best available outcome — which often means negotiating for reduced charges that avoid mandatory sex offender registration, reduced prison time, or alternative sentencing. The difference between a charge requiring lifetime registration and one that does not can be the difference between a life destroyed and a life that can be rebuilt. We negotiate from strength — having fully prepared for trial — which gives us the leverage to achieve the best possible negotiated outcomes for our clients.
Rape under Penal Code 261 is non-consensual sexual intercourse accomplished by force, fear, duress, menace, fraud, or when the victim is incapable of consent due to intoxication or unconsciousness. It is a felony and a strike offense. The base sentence is 3, 6, or 8 years in state prison — with significant enhancements for aggravating factors including prior convictions, victim age, and commission during a kidnapping or burglary.
A rape conviction requires lifetime registration as a sex offender under California's Megan's Law. This means your name, photograph, and address appear on a publicly accessible database permanently. This collateral consequence alone makes rape defense one of the most consequential areas of criminal law — and one that demands the most thorough and aggressive representation available.
Sexual battery under Penal Code 243.4 involves unlawful touching of an intimate part of another person against their will for the purpose of sexual arousal, gratification, or abuse. As a misdemeanor, it carries up to one year in county jail and registration for 10 years. As a felony — when the victim is institutionalized, medically incapacitated, or the touching involved skin-to-skin contact — it carries 2, 3, or 4 years in prison and mandatory lifetime registration.
Sexual battery charges frequently arise from ambiguous situations — consensual encounters that are later reframed, misunderstandings about physical contact, and situations where alcohol or drugs complicate the question of consent. We analyze every sexual battery case for the specific elements the prosecution must prove and build defenses that attack each element directly.
Lewd and lascivious acts on a child under 14 under Penal Code 288 is among the most serious sex offense charges in California. Each separate act constitutes a separate count, and consecutive sentencing can result in sentences measured in decades. The charge requires proof of touching for the purpose of sexual arousal, gratification, or abuse — but the touching does not need to involve genital contact or penetration.
Child molestation allegations are particularly challenging to defend because they are often based entirely on the child's testimony — with no physical evidence — and because juries are emotionally predisposed to believe child accusers. We retain child psychology experts and forensic interview specialists to examine how the child's account developed, whether interview techniques were suggestive, and whether the child's statements are consistent with genuine memory or coached testimony.
Unlawful sexual intercourse with a minor under Penal Code 261.5 applies when the parties are not married and one is a minor under 18. Unlike rape, consent is not a defense — the minor's willingness to participate is irrelevant under the law. The severity of the charge depends on the age difference between the parties: when the minor is less than 3 years younger than the defendant, it is a misdemeanor; when the minor is more than 3 years younger, it becomes a felony.
Notably, statutory rape under PC 261.5 does not automatically require sex offender registration — though registration can be ordered by the court. This distinction is critically important and is one of the first things we evaluate in every case involving a minor. We fight to keep our clients off the sex offender registry whenever the law allows it.
California Penal Code 288.4 criminalizes arranging to meet with a minor (or someone the defendant believes to be a minor) for the purpose of engaging in lewd or lascivious conduct. PC 288.2 criminalizes sending harmful or sexual material to a minor. These charges arise frequently in "sting" operations where law enforcement officers pose as minors in online platforms.
Sting operation cases present specific and powerful defenses — including entrapment, where law enforcement induced a person to commit a crime they would not otherwise have committed. We examine every online solicitation case for entrapment, for whether the defendant truly believed he was communicating with a minor, and for constitutional issues in how the investigation was conducted and how the evidence was obtained.
Failure to register as a sex offender under Penal Code 290 — or failing to update registration annually or within 5 days of moving — is itself a crime. Misdemeanor failure to register carries up to one year in county jail; felony failure to register (for those with felony sex offense convictions) carries 16 months, 2, or 3 years in state prison. A new failure to register conviction also resets the registration obligation.
Registration violation cases frequently involve genuine confusion about requirements rather than intentional non-compliance. We defend registration violation cases by demonstrating the absence of willfulness, challenging the sufficiency of the notice provided to the defendant about their registration obligations, and seeking dismissals or reduced charges for technical violations without criminal intent.
Prison time is just the beginning. A sex crime conviction triggers a cascade of consequences that can last a lifetime. Understanding what is at stake is essential to understanding why aggressive sex crimes defense matters.
Many sex crime convictions require lifetime registration on California's Megan's Law database — a publicly accessible list of your name, photograph, address, and offense. Registered sex offenders are prohibited from living within 2,000 feet of schools and parks. These restrictions effectively bar registrants from entire cities and neighborhoods, making stable housing nearly impossible in many communities.
A sex crime conviction permanently ends careers in education, healthcare, law, finance, government, and any profession requiring state licensure. Background checks reveal sex crime convictions to virtually every employer. For professional license holders, a conviction triggers mandatory revocation proceedings in nearly every licensed profession in California.
Nearly all sex crime convictions are deportable offenses under federal immigration law. For non-citizens, including lawful permanent residents, a sex crime conviction typically triggers mandatory deportation and a permanent bar to re-entry. We evaluate immigration consequences in every sex crime case and pursue outcomes specifically designed to avoid deportable convictions whenever possible.
Registered sex offenders face restrictions not only on where they can live but also on internet use — particularly for offenses involving minors. Probation and parole conditions routinely restrict computer and smartphone access. Private landlords universally reject registered sex offenders. These restrictions make reintegration extraordinarily difficult and underscore the importance of avoiding registration in the first place.
A sex crime conviction — particularly one involving a minor — will be used against you in family court to restrict or eliminate your custody and visitation rights. Courts apply a presumption against awarding custody to a parent with a sex crime conviction. Even after completing your sentence, the conviction will follow every future custody proceeding involving your children.
Sex crime convictions carry a social stigma unlike any other category of criminal conviction. Your name, photograph, and offense appear permanently on a public website. Neighbors are notified when you move in. Online searches reveal your conviction to anyone who looks. The social and reputational damage follows you into every new community, relationship, and professional context for the rest of your life.
Sex crime accusations move fast and the decisions made in the first 24-48 hours can determine the outcome. Your consultation is 100% confidential — protected by attorney-client privilege from the first call.