Sodomy

Wais Azami is a great criminal attorney who routinely defends against charges such as “sodomy” in California. Mr. Azami has years of experience as one of the OC’s top criminal defense lawyers. We specially cater to the residents of Garden Grove, Anaheim, Santa Ana, Costa Mesa, Fullerton, Westminster, Tustin and Huntington Beach. We are centrally-located to all courts in OC.

The legal definition of sodomy is:

sexual contact that takes place between the penis of one person and the anus of another. A violation of this law is a serious felony which can lead to years in state prison.

Penal Code 286 is a California statute that makes sodomy a crime in certain situations, such as when an adult commits it

• with a minor or
• by means of force, fear, or threats

Today, anal copulation between consenting adults is legal in California.

Some examples are:

• having anal sex with an alleged victim after threatening to stab the person
• engaging in an act of sodomy with a person 17 years of age or under
• engaging in anal intercourse with a person while he/she is unconscious

Defenses to charges of sodomy under PC286:

• they reasonably believed the alleged victim was an adult
• the alleged victim made a false allegation, and/or
• the alleged victim consented to sodomy

Penalties charges of sodomy under PC286:

• 1yr County to 16 months in County for Misdemeanor
• 3, 6, 8 in Prison
• Immigration Consequences
• Loss of Firearm for Felony
• Loss of Public Assistance Programs
• Lifetime Sex Registration

Depending on the specific facts of a case, prosecutors can charge a violation of California Penal Code Section 286 as either a misdemeanor or a felony. If the consenting minor is under 16, it’s a felony. If the consenting minor is under 18 but 16 years old or older, it’s a misdemeanor. If consent is missing, it’s felony and penalties will be much higher if the non-consenting person is a minor.

While a misdemeanor sodomy conviction can lead to custody in county jail for up to one year, a felony conviction can lead to a state prison term of over a decade.

Sodomy Charges under Penal Code 286:

California defines the crimes of sodomy and its penalties here.

Have you been accused of sodomy charges?

Call the Law Offices of Wais Azami at (714) 321-9999. Or schedule a free consultation with our sodomy defense lawyer in Orange County here. We will generate a defense plan which aims to get the charges dismissed, reduced, and/or the consequences mitigated.