Author: domesticv

Rape is one of the most serious criminal charges an individual can face in California. The penalties for this type of sex offense are harsh, many times including lifetime sex offender registration. If you are facing rape charges in San Diego, it is important to understand the charges against you, what to expect during trial, and how to build a strong defense strategy with the help of a skilled criminal defense attorney. At Sevens Legal, we understand the complexities of defending against rape charges and the devastation a sex crime conviction can cause. Contact Sevens Legal today at (619) 430-2355 to schedule a free consultation and learn more about how we can help you defend your rights in your rape case.

Key Takeaways

• If you are facing sex crime charges in California, it is essential to understand the gravity of your legal situation.
• Rape is one of the most serious criminal charges an individual can face in California, and the penalties for this type of sex offense are harsh, many times including lifetime sex offender registration.
• Samantha Greene’s successful case result highlights the importance of hiring a skilled defense lawyer who believes in your innocence and is willing to work hard to defend you.
• At Sevens Legal, we understand the complexities of defending against rape charges and the devastation a sex crime conviction can cause.

A Look at Samantha Greene’s Successful Rape Trial

Before we dive into the specifics, let’s discuss a recent successful case result by attorney Samantha Greene, a renowned San Diego criminal defense lawyer with Sevens Legal. Ms. Greene’s client was charged with one count of forcible rape and three counts of sexual penetration by force and was facing 32 years in prison for these charges. However, Ms. Greene believed in his innocence and worked tirelessly to prepare for his trial. After only 40 minutes of jury deliberations, her client received a full acquittal – not guilty on all charges. This successful case result highlights the importance of hiring a skilled defense attorney who believes in your innocence and is willing to work hard to defend you.

Understanding California Sex Crimes

Sex crimes, including rape, are taken very seriously under California law. If you are facing sex crime charges in California, it is essential to understand the gravity of your legal situation. Sex crimes carry harsh penalties that can change your life forever and even first-time offenders can face these consequences.

How are Rape Charges Defined?

Many people associate the term “rape” with a violent physical attack. However, Penal Code § 261 PC defines rape as any act of non-consensual sex obtained by force, threats, or fraud. This constitutes a felony charge that can result in imprisonment for three to eight years and lifetime sex offender registration. Two types of rape charges defined under California law include forcible rape and sexual penetration by force.

PC 261(a)(2) – Forcible Rape

Forcible rape occurs when the defendant uses force or threats of force to engage in sexual intercourse with another person. The prosecution must prove that the defendant used force or threats of force to overcome the victim’s will and that the victim did not consent to the sexual activity.

PC 289(a) – Sexual Penetration by Force

Sexual penetration by force occurs when the defendant uses force or threats of force to engage in sexual penetration with another person. Sexual penetration is defined as any penetration of the genital or anal opening by a penis, finger, or any object. The prosecution must prove that the defendant used force or threats of force to overcome the victim’s will and that the victim did not consent to the sexual activity.

I’m Facing Rape Charges: What Should I Do?

If you are facing rape charges in California, the first thing you should do is contact an experienced attorney. Rape charges are very serious and can carry life-changing criminal penalties, including imprisonment and lifetime sex offender registration. It is important to understand what to expect during your trial and how best to prepare. A knowledgeable sex crimes defense attorney can help guide you through this process.

What to Expect and How to Prepare for Trial

During your trial, the prosecution will present evidence to prove your guilt beyond a reasonable doubt. As the defendant, you have the right to present your own evidence and witnesses to challenge the validity of the prosecution’s evidence. The best way to prepare for your rape trial is by working with an experienced attorney who can review the evidence against you, build a strong defense strategy, and select the best witnesses to testify on your behalf.

The Verdict: What Happens Next?

After the jury has heard all the evidence and arguments, they will deliberate and reach a verdict. If you are found not guilty, you will be acquitted and released. If you are found guilty, you will be sentenced according to California law.

The Importance of Hiring a Skilled Defense Attorney

Hiring a skilled attorney is crucial to the success of your defense strategy when facing sex crimes charges in California. A qualified attorney will have the knowledge and experience necessary to review the evidence against you, help you understand your legal rights, and build a strong defense strategy. A skilled attorney can also represent you during trial and provide guidance on what to expect during the legal process.

Building a Strong Defense Strategy in Your Case

When facing criminal charges, a strong defense strategy can be the difference between a conviction and a not-guilty verdict. To build the strongest possible defense in your rape case, your attorney may use a variety of tactics, including the following:

Challenging the Evidence

Your attorney may challenge the prosecution’s evidence, including witness statements and physical evidence. Your attorney may argue that the evidence was obtained illegally or that it does not prove your guilt beyond a reasonable doubt.

Alibi Defense

Your attorney may argue that you were not present at the scene of the crime and provide evidence to support this claim.

Consent Defense

Your attorney may argue that the sexual activity was consensual and that the victim gave their consent.

False Accusation Defense

Your attorney may argue that you were falsely accused of rape by the victim or another individual.

Your attorney may also conduct additional investigation to uncover new evidence or witness testimony that can support your case. Successfully defending against rape charges in California requires a thorough understanding of the law and the specific criminal charges you are facing.

Free San Diego Sex Crimes Defense Consultation

If you are facing rape charges in San Diego, Sevens Legal is here to help. We offer a free consultation to individuals facing sex crime charges in San Diego. Our experienced criminal defense attorneys can provide you with the guidance and support you need to understand the criminal charges you are facing, challenge those charges, and protect your rights.

How to Contact Our Criminal Defense Attorneys

To schedule a free consultation with our San Diego criminal defense attorneys, call Sevens Legal Criminal Lawyers today at (619) 430-2355. Our attorneys have extensive experience defending against sex crime charges in California and can provide the aggressive representation you need to protect your rights and your freedom.

In California, domestic violence offenses are aggressively prosecuted, and convicted offenders face harsh, life-changing penalties. Domestic abuse crimes are also highly stigmatized, and mere allegations of spousal abuse can damage the accused’s reputation, even if they are innocent of the crime. If you or a loved one has been charged with a domestic violence crime in California, do not hesitate to consult our San Diego domestic violence attorneys at Sevens Legal. We will fight to protect your legal rights and restore your reputation.

Key Takeaways

• Domestic violence crimes are punished harshly in California.
• Many kinds of abuse may lead to domestic violence charges, including physical, verbal, emotional, and psychological abuse.
• Domestic violence crimes may be prosecuted as misdemeanor or felony offenses.
• False accusations of abuse can cause irreparable damage to the accused person’s reputation.

Understanding Domestic Violence Charges

Most people think of domestic violence as physical abuse perpetrated by one spouse or domestic partner against another. While domestic violence can and often does involve intentionally hitting, kicking, pushing, or otherwise physically harming someone, it doesn’t always. In California, domestic abuse charges can also arise from acts involving sexual assault, threatening someone with physical violence, harassing, stalking, disturbing someone’s peace, or destroying their property. Domestic abuse can also involve verbal, emotional, or psychological abuse. You could face domestic violence charges in California if you have been accused of perpetrating any of these acts against a current or former intimate partner or family member.

What is Domestic Violence in Simple Terms?

Laws surrounding domestic violence offenses vary from state to state, and understanding domestic violence charges can be confusing. Domestic violence, in simple terms, is defined as abuse or threats of abuse occurring between two people who are closely related by blood or marriage or who currently are in an intimate relationship or have been in the past. In California, this includes the following:

• Married people or domestic partners,
• People who are dating or used to date,
• People who live or lived together, and
• People who have a child together.

Penalties for Domestic Violence Charges

Due to the very broad nature of domestic violence as defined by California law, many statutes in the California Penal Code deal with domestic violence offenses. Two of the most common are:

• Penal Code section 273.5 – Corporal Injury to a Spouse: This law makes it a crime to “willfully inflict corporal injury resulting in a traumatic condition” upon a spouse, family member, cohabitant, or any other protected individual mentioned above.
• Penal Code section 243(e)(1) – Domestic Battery: This law makes it a crime to willfully touch a protected individual in a harmful or offensive manner.

There are other related offenses set out in the California Penal Code that may also be charged in a domestic violence case, including California Penal Code Section 240 – Assault, California Penal Code Section 242 – Battery, and California Penal Code Section 243(d) – Battery Causing Serious Bodily Injury.

Is Domestic Violence a Misdemeanor or Felony?

Under California law, domestic violence crimes may be prosecuted as a misdemeanor or felony offense, depending on the circumstances of the case. Domestic Battery is almost always charged as a misdemeanor under Penal Code section 243(e)(1). The crime is punishable by a maximum fine of $2,000 and/or imprisonment in county jail for up to one year, among other potential penalties.

A person convicted of Corporal Injury to a Spouse in violation of Penal Code section 273.5 is guilty of a felony offense and faces a maximum fine of $6,000 and/or imprisonment in state prison for up to four years, with stiffer penalties imposed upon defendants who have previous domestic violence convictions.

Defending Against Domestic Violence Charges

Facing domestic violence charges can be shocking and terrifying, especially if you have been wrongfully accused of committing an act of abuse against a spouse or family member. However, there are defenses to domestic violence charges, and choosing the right domestic violence attorney can help to protect you against unwarranted domestic violence charges and/or excessive criminal penalties.

How Do You Counter a Domestic Violence Case?

If you or someone you know has been accused of domestic violence, you are probably wondering how you counter a domestic violence case. Raising a successful defense against domestic violence charges has everything to do with the unique elements of the alleged crime. For instance, to prove that a defendant violated Penal Code section 273.5 by inflicting corporal injury on their spouse or family member, the prosecution must establish the following elements beyond a reasonable doubt:

• The defendant deliberately and unlawfully inflicted corporal injury on a person,
• The injury resulted in a traumatic condition, and
• The person is a current or former spouse, dating partner, co-parent, family member, or cohabitant.

Which Defense is Frequently Used in Domestic Violence Cases?

Accusations of domestic violence are taken extremely seriously in California. However, you can still beat a PC 243(e)(1) or PC 273.5 charge and avoid a conviction if you can raise doubts about even one element of the prosecution’s case.

One possible defense frequently used in domestic violence cases is self-defense or defense of others. Your attorney may raise this defense if you have been accused of domestic violence and acted in self-defense or to defend another person when the alleged crime occurred. Other possible defenses may be successful if your attorney can show that the alleged domestic violence offense was an accident, that you committed the offense under duress, that the prosecution’s evidence is insufficient to prove your guilt, that you were intoxicated involuntarily at the time of the crime, or that you are the victim of mistaken identity.

Free Domestic Violence Consultation in San Diego

As you can see, the consequences of a domestic violence conviction in California are severe and life-changing. Suppose you have been accused of a domestic violence-related crime. In that case, there is no better choice than to enlist the help of a reputable attorney with a history of success defending clients against domestic abuse charges. At Sevens Legal, we offer a free domestic violence consultation for individuals accused of any domestic violence-related crime.

How to Contact Our Domestic Violence Attorneys

To find out how our experienced domestic violence attorneys can help you with your case, call or text us at (619) 304-4993 or visit our website at www.domesticviolenceattorneysandiego.com.

Mandatory lockdowns for COVID-19 brought significant shifts to everyday life. People began working from home and homeschooling their children with limited access to amenities.

People in abusive relationships find themselves in close quarters with their partners and no way out. Those planning to leave became stuck with them during “shelter in place.” Social workers, childcare workers, teachers, and others who typically had regular contact with victims were removed from the equation.

The advent of social distancing also separated victims from family or friends who might spot signs of abuse and assist them in leaving. Fears of spreading COVID-19 closed available shelters, leaving victims nowhere to go. Courts were also closed, making protection orders difficult or impossible to obtain.

Key Takeaways

• Domestic violence is a frequently under-reported problem
• Disaster events tend to exacerbate stressors that can lead to mental health issues and intimate partner violence (IPV)
• Additional stressors include income loss, inability to pay rent and bills and buy food and other necessities
• COVID-19 lockdowns intended to prevent wide-scale infection prevented people from escaping abusive partners
• California saw a decrease in calls during the beginning of the lockdown when victims were unable to access services

The Shadow Pandemic: Tensions In Close Quarters

A report by the National Commission on COVID-19 and Criminal Justice states that nationwide, domestic violence increased an average of 8.1% in the months following the 2020 lockdowns. About one in four women experience IPV, and nearly one in ten men.

Types Of Domestic Violence

• Physical
• Psychological
• Emotional
• Sexual

Mingled finances also make it difficult for victims to leave their abusers, who may confiscate their paychecks and prevent them from moving.

Traumatic Brain Injuries

A frequent indicator of intimate partner violence is the presence of a Traumatic Brain Injury or TBI. They are primarily associated with personal injury cases and professional athletes due to repeated blows to the head and neck. Multiple sources have noted that the pandemic lockdowns have led to a marked increase in IPV and have created a “shadow pandemic,” including increases in victims’ physical injuries.

Victims of domestic violence have long been able to seek help and report their abusers in a medical setting. But cancellations and closures meant non-emergency cases were relegated to phone and video calls or telemedicine. This left victims under surveillance by their abuser, unable to disclose their need for help.

After the abuse ends, survivors experience TBI following facial, head, and neck injuries and cognitive problems. Abuse injuries are evident when someone visits an emergency room with illness or injuries. PTSD and other mental health issues are also common.

Decreased Reporting

While initial reporting of domestic violence increased during the early days of the lockdowns, reporting fell sharply afterward. This trend concerns law enforcement since victims had more difficulty accessing assistance.

Pandemic Statistics

In Los Angeles, domestic violence calls decreased from March 19 through April 15, 2020, down 18% from the year before. San Francisco also saw a drop in DV calls. Cities around the country reported similar decreases.

When Police Arrive

The police will visit to investigate the call and decide whether they will make an arrest. They will speak to the parties separately, investigate the premises and examine the victim for injuries. Should the victim fail to press charges, the state will do it for them, and they cannot have the charges dropped.

An accused person should say little to the police and speak to a domestic violence attorney immediately.

Our Skilled Domestic Violence Attorneys Can Help

You have the right to an attorney if you’ve been accused of domestic violence in San Diego. California takes domestic violence seriously and imposes harsh punishments on those convicted. We will fight the charges to protect your rights and your freedoms.

What to Do Next

Domestic violence can leave abused parties in distress. But many calls lead to false accusations of abuse.

If you’re experiencing domestic violence:

There are resources available: 

• The National Domestic Violence Hotline is 800-799-7233, available 24/7 by phone, text, chat, and social media.
• YWCA San Diego County, 619-234-3164 (24-hour hotline), located at 1012 C Street, San Diego, CA 92101, 619-239-0355.
• Center for Community Solutions, 1-888-385-4657, a 24-hour hotline for crisis counseling and support, information on restraining orders, 4508 Mission Bay Dr., San Diego, California 92109-4919. Services in English and Spanish, and includes services provided via telehealth.

If you are in immediate danger, call 911.

If you’ve been accused of domestic violence

False accusations of domestic violence are common, especially in divorce cases where one party believes they can gain favor in their case. Without a strong defense, you could lose custody of your children and have a permanent criminal record.

Conviction of domestic violence charges includes fines, jail time, restraining orders, mandatory domestic violence counseling for a year, and other penalties. Contact an experienced criminal defense attorney who can defend you from domestic violence charges to protect your rights, reputation, and freedom.

Free Consultation with Our San Diego Domestic Violence Attorneys

A charge or conviction of domestic violence can have long-ranging effects on your employment, rights, and future. In our free one-hour consultation, we can discuss your case and strategies for your case. If you’re facing domestic violence charges in San Diego, contact one of our domestic violence attorneys to begin building your defense.

Contact our San Diego Domestic Violence Attorneys Today

You can call or text Sevens Legal at (619) 304-4993 or use our website contact form to schedule your free appointment with one of our experienced domestic violence attorneys.

You know how serious it is if you’ve been accused of a sex crime, especially if you work around 

children. Teachers, daycare workers, school bus drivers, and others can be terminated immediately, even before trial. There are restrictions on where you can live and what you can do. Convicted sex offenders are required to be on California’s Sex Offender Registry. This includes the national sex offender registry under Megan’s Law. Potential employers, landlords, law enforcement, and the public have access to this information. Sex crime convictions from other states are also included. 

The term “sex offender” is used for a wide range of offenses. It can include anything from indecent exposure and unwanted touching to a violent sexual assault. 

Prior to 2021, all sex offenders were registered for life. But under a new law, California’s “three-tiered” system means that not everyone has a lifetime on the registry. 

In this article, we’ll discuss the updates to California’s sex offenders registry, the new three-tier system for registration, and who might be eligible for removal. 

Experienced San Diego Sex Crimes Attorney

Sevens Legal has years of experience successfully defending people accused of sex crimes in the San Diego area. Attorney Samantha Greene is a California-certified criminal law specialist who offers the best representation and most vigorous defense in court for misdemeanor and felony charges. Samantha has many years of experience defending against sex crime charges and has in-depth knowledge of the San Diego criminal court system. 

We understand the difficulties that come with sex crime accusations. That’s why we offer a free consultation so you’ll know exactly what we can do to defend you against false allegations with an aggressive defense.

Who Must Register as a Sex Offender in California

California Penal Code 290 requires that anyone convicted of a sex crime under the code must register with local law enforcement. Occasionally, a judge may require registration for crimes that aren’t under PC290 if they believe someone is a danger to others. The registry applies to anyone who lives, works, or attends school in the state. 

A convicted sex offender must register with their local law enforcement within five days of release from prison or sentencing if there is no jail time. They must also re-register every five years, and anytime they change their name or move to a new address within five days of the move. 

College students must also register with the campus police. Someone who becomes homeless must register every 30 days. Anyone considered a “sexually violent predator” must register every 90 days. A person who fails to register with law enforcement or update their address can also be charged with a crime. 

Registered sex offenders also have restrictions they must follow, such as: 

• Not living within a specific distance of a school or where children are, such as a park or playground
• For an offender considered “high risk,” GPS monitoring is included
• Some crimes may lead to an extension of parole or probation

Much will depend on the facts of your case. Your defense attorney can explain this in more detail. 

California Sex Offender Registration Laws

After a sex offender is released from prison, other activities may be restricted. They are required to stay connected with the state wherever they go. Once registered, the US Department of Justice (DOJ) also receives this information. 

California requires sex offender registration to know where they are living and working. The California Sex Offender Registry is a free online tool that offers the public and law enforcement access to information about sex offenders who might be in their area. On the federal level, the US Department of Justice has its own National Sex Offender Public Website. 

The sex offender’s ZIP code is displayed, along with the city and county where they live. An actual home address is not listed. There is one category of sex offenders that are not publicly displayed under Megan’s Law but still requires registration. 

Sex offenders who have committed these crimes are eligible to be excluded from the website under Penal Code § 290.46, subdivision (e). 

• Felony sexual battery
• Felony child pornography with a child under sixteen
• Misdemeanor annoying or molesting children

Offenders who have completed probation for some sex crimes involving their own child, stepchild, grandchild, or sibling under certain conditions can also apply for exclusion if the activity did not include or involve either oral copulation or penetration of the victim. After January 1, 2012, the exclusion can only be granted if the offender has a moderate to low-risk assessment, but they still must register with law enforcement. 

What Is the Risk Assessment Score on Megan’s Law?

Megan’s Law requires the state of California to notify the public about known and registered sexual offenders. The law was enacted in 1996 after a known sexual predator raped and killed seven-year-old Megan Kanka after moving into the family’s neighborhood, unknown to her parents. Following the crime, the Kankas worked for public notification of known sex offenders living in local areas. 

California wants to know how likely a person is to commit another sex crime. Risk assessment is part of gauging how likely it is that an offender will do the same thing again if released. This same assessment method determines risks when setting car and life insurance rates. The state began using actuary risk assessment in 2006. 

The state uses four risk instruments to determine someone’s risk score: 

• Static99-R, for assessing male sex offenders prior to release from prison
• JSORRAT-II, used for juvenile sex offenders whose records are only available to law enforcement and treatment providers because of their age
• LS/CMI Risk Scores, used to predict a sex offender’s chances of another violent sex crime and during treatment during probation or parole for either male or female offenders
• STABLE-2007/ACUTE-2007, used with various risk factors related to the possibility of committing another sex offense, such as alcohol abuse, changes in housing or employment, or factors in a relationship. These two combined scores are determined by professionals providing treatments during parole or probation. They are used by those professionals for treatment as well as to determine conditions and terms for supervision after release.

Static99-R has six levels of risk, from extremely minimal risk to a high risk of committing another sex crime in the future, while LS/CMI Risk Scores have five levels. 

What Is the New Law for Sex Offenders in California?

Before 2021, the California sex offender registry meant that anyone convicted of any sex crime was required to stay on the registry for life. Offenders of the most minor misdemeanors were registered alongside violent sexual predators. Some of these offenders go back as far as the 1940s and have never committed another sexual offense. 

California recently updated this law to accommodate the distinct levels of severity in sex crime cases. As of January 1, 2021, Senate Bill 384 creates three tiers in the sex offender registration system that only requires some sex offenders to be registered for life. 

California’s Three-Tier Sex Offender Registration System

Until recently, anyone convicted of a sex crime was in the sex offender registration system for life. That changed in 2021. 

SB 384 created a three-tiered registration system that lets state officials evaluate petitions for removal from the registry. California implemented the new system in July 2021. The severity of their convictions ranks offenders. Tier 1 and Tier 2 offenders are eligible for removal after ten or twenty years if they have not committed any additional offenses. 

Because this new system is complex, it’s essential to work with a defense attorney who understands the process. Sevens Legal can help. 

Tier 1

This tier is for non-violent offenses such as: 

• Indecent exposure
• Annoying a child
• Misdemeanor possession of child pornography
• Misdemeanor oral copulation
• Misdemeanor sexual battery
• Misdemeanor sodomy
• Other lewd conduct, such as unwanted touching

If convicted of one of these offenses, you’ll be on the registry for a ten-year minimum before you can request removal. Juveniles must remain on the registry for five years. 

 

Tier 2 

This tier is for mid-level sex offenses, such as: 

• Incest
• Rape of an individual over eighteen and incapable of giving consent
• Lewdness or non-forced sodomy with a minor under the age of fourteen
• Penetration by a foreign object
• A second offense of annoying a child

For these offenses, a convicted offender must remain on the registry for a minimum of 20 years before filing a removal request. 

 

Tier 3

This tier is for the most severe sex offenses, including: 

• Rape, in most cases
• Sex trafficking of minors 
• Sex crimes with children under the age of ten
• Lewdness with a minor by force or fear
• Repeated sex offenses
• Other serious sex crimes

Individuals convicted of a Tier 3 sex crime or with a high-risk assessment score must remain on the registry for life. If someone is considered Tier 3 based solely on their risk assessment and not a crime committed, they can petition for removal after 20 years. 

Sevens Legal can help you with the petition to leave the sex offender registry. Call or text our office at (619) 430-2355 for a free consultation. 

Can You Get Off the Sex Offender Registry in California? 

Yes–some sex offenders can be removed from the registry, but not all. The three-tier system means some won’t be on the registry forever, but others will stay for life.

Once you’ve finished your time on the sex offender registry, you will still have to request to have your registry removed. Until then, you’re still required to register with law enforcement. SB384 lets you file a petition in either superior court or juvenile court in your county of residence to request removal from the registry after completing your registration period. The court will have 60 days to review, and it’s up to the court whether to grant your request. 

After you’ve completed the required registry time, you can file your petition for removal. When ready, work with a skilled criminal defense attorney who understands the California justice system. Sevens Legal works to make the process easy and trouble-free. 

A person who fails to register as required will have a year added to their requirements before they can request to be removed. 

A California sex crimes attorney can help guide you through the process of removing your name from the registry.

What To Do If You Are Being Accused of a Sex Crime

We suggest speaking with an experienced criminal defense attorney. Sex crime convictions mean a minimum of ten years as a registered sex offender. It also means a criminal record you’ll have for years. 

False accusations of sex crimes happen every day to innocent people. Don’t ignore the charges. You need to seek legal help from a San Diego criminal defense attorney immediately to understand the situation and know what to do to defend and protect yourself. 

You do have the option of using a public defender for your criminal case. However, working with your own criminal defense attorney means that you have legal representation focused on you. You’re more than just a client. Sevens Legal takes the time to investigate your case and to deliver the defense. You need to have a fighting chance in court. 

Free Sex Crimes Consultation in San Diego

Sevens Legal is ready to help with your defense. Our entire team is dedicated to protecting your rights and proving your innocence. Samantha Greene is a highly experienced criminal defense attorney. She leads Sevens Legal’s lawyers and investigative team in pursuing every legal recourse available to protect your rights and reputation after being accused of a sex crime.

How To Contact Our Sex Crimes Attorneys

If you need help, call our office at (619) 430-2355 or use our online contact form. We’ll schedule an appointment for you with one of our experienced criminal defense attorneys, who will work towards the best possible outcome in your case. Don’t wait until your court date is near. Sevens Legal can handle the case on your behalf, including a strong defense against the charges.