If you knowingly engage in certain behaviors with the information that you are HIV positive, or have another potentially fatal sexually transmitted disease, you could be convicted of a sex crime. The good news is that there are defense options an experienced criminal defense attorney can help you with. Keep reading to learn about these defense options and then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
There are defense options
Anybody accused with a crime may be able to establish one or more legal defenses in order to escape conviction. The kind of defenses available to you will vary depending on the facts of your case, but if you’re accused of an STD offense, you might be able to utilize one of the following.
Lack of knowledge
It’s possible that not knowing you’re HIV-positive or afflicted with another sexually transmitted illness can be used as a legal defense. You cannot be convicted of an STD offense in California unless prosecutors can prove that you knew you were infected with the disease.
Intent
Prosecutors must prove that you intended for another person to become infected with HIV if you are charged with intentionally infecting, or trying to intentionally infect, someone else with HIV. It is insufficient to demonstrate that you were aware of your infection. You cannot be convicted of this offence if the prosecutors failed to fulfill their burden of proof, or if you provide a defense that indicates you had no such purpose.
Penalties
If you are convicted of an STD offense in California, you might face a number of consequences. Individual punishments for any crime vary based on the facts surrounding the case and your own criminal history, however the following penalties are usually handed down in STD crime cases.
Incarceration. If you’re convicted of an STD felony in California, you’ll likely face a lengthy jail or prison sentence. For example, if you are convicted of felony attempted HIV infection, you might face 3 to 8 years in state jail. If you knowingly expose yourself to the public while knowing you are afflicted with a sexually transmitted illness, on the other hand, you might face up to a year in prison as a misdemeanor.
Fines. In California, a criminal conviction might result in a hefty fine as well. Fines for misdemeanors can reach $1,000, while felony fines can reach $10,000 or more.
Probation. In California, a criminal conviction for an STD offense can result in a probation term that lasts anywhere from one to five years, but might last much longer. If you’re put on probation, you’ll have to follow a set of rules. You must comply with these terms, which include reporting to a probation officer on a regular basis and paying any fines and court costs. You’ll also have to stop committing new offences and comply with the court’s and your probation officer’s requests.
For legal assistance, contact a California criminal defense lawyer.
If you’re facing a criminal charge, don’t wait to consult with a skilled local defense lawyer. California’s sexually transmitted illness regulations are quite serious, and you should consult with a local criminal defense attorney as soon as you find that you’re being investigated for a crime or that charges have been filed against you. Contact Chambers Law Firm at 714-760-4088 to request a case evaluation.
