Sexual Abuse Lawyer San Francisco CA
Any sexual abuse crime is a serious one and a conviction in California can lead to severe penalties. These types of crimes present unique issues when it comes to presenting a defense and require the legal expertise and skill of a sexual abuse lawyer San Francisco, CA clients recommend.
One of these unique issues is when the defendant accused of the sexual abuse is elderly. This is often the case when the alleged abuse occurred years before and the victim only recently made their accusations. When the case involves a defendant who is elderly, one of the most critical factors is often the health of the person being accused. There is also the issue of whether the accused will need to be removed from their place of residence, especially if there is extradition involved.
Studies have shown that in old sexual abuse cases, the cost of transporting the accused from where they live to the jurisdiction of where the alleged abuse took place can be more expensive when the defendant is elderly and in fragile health. Most jails and prisons where defendants are held while waiting for trial (if they are unable to post bond) are not equipped to address many of the health issues senior citizen defendants have. A San Francisco, CA sexual abuse lawyer knows that this issue can place the accused’s life at risk.
While these dangers are present for any elderly defendant, they are even more dire for those accused and/or convicted of sexual abuse because of the nature of the crime and how many in the prison population view those who have been accused of sexual abuse of a minor.
There is also the argument of whether or not incarcerating elderly defendants of sexual abuse is prudent. The purpose of prison for a person convicted of a crime is to protect society and ensure they will not offend again. Imprisoning an elderly person who is in poor health and physically unable to offend may not be the best choice for all those involved.
When deciding what the sentence should be in these cases, the court may weigh the health of the defendant, their inability to re-offend, and what the cost would be to the county or state should the defendant receive a prison sentence. Instead of prison, the court may decide on other punishment alternatives, such as home confinement. Home confinement is one way to satisfy punishment, without putting the financial and logistical burdens on the prison system of how to care for the elderly prisoner.
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If you have been accused of sexual abuse – or any other crime – contact The Morales Law Firm to meet with a sexual abuse lawyer in San Francisco, CA, and find out what type of defense we may be able to build to ensure your rights are protected. Call our office today.