Indecent Exposure Defense Orange County Criminal Lawyer California Penal Code 314
Are you being charged with indecent exposure in Orange County?
When charged with a potentially serious crime such as indecent exposure in Southern California, you need an Orange County criminal lawyer that will fight for you using an effective indecent exposure defense strategy. There are several defenses available that could result in a dismissal or reduction of your charge. Here are some successful defenses that our lawyers at Wallin & Klarich can raise on your behalf:
Indecent exposure defense 1: You did not expose your genitals
In order to be convicted of indecent exposure, you must have exposed your genitals i.e. “private parts.” Any body part above the waste, even a female breast, is not sufficient. If you showed your underwear or were wearing very revealing clothing, your attorney can argue that your actual genitals were not exposed to the public and therefore you cannot be convicted of this offense.
Indecent exposure defense 2: Your exposure was not in the presence of another
When you exposed yourself, you must have been within the presence of another who might be offended by such conduct (although that person does not actually need to have seen your genitals). If the exposure occurred in your own home, your attorney can argue that you had a reasonable expectation of privacy and were unaware of another person’s presence at the time the alleged offense occurred. Even if you were in a public area such as a park but made attempts to limit your nudity to a secluded area (behind a bush or within a heavily wooded area), your attorney can argue that your exposure did not take place in a “public area” or within the presence of another who would be offended by such conduct.
Indecent Exposure Defense 3: Your exposure was not willful or lewd
You must have willfully or deliberately exposed your genitals in the presence of another in order to be convicted of this offense. If you mistakenly or unintentionally revealed your genitals, your attorney can argue that you did not intend to reveal your “private parts” and cannot be convicted of this offense. For example: You are walking down the street and unbeknownst to you, your skirt gets caught on the branch of a tree. As you move forward the branch rips the skirt from your body, revealing your naked body to a local passerby. Although your genitals were exposed to a person who might be annoyed or offended by such conduct, you did not do so willfully and therefore cannot be convicted of indecent exposure.
Indecent Exposure Defense 4: Lack of intent
At the time you exposed your “private parts,” you must have intended to draw attention to your genitals in order to be found guilty of indecent exposure. If you had no knowledge or intent to draw the public’s attention to this area of your body, your attorney can argue you lacked the requisite intent necessary to convict you of this crime. For example: You and friends walk out of a bar after a long night of drinking. Your friend hails a cab but before you get in to leave, you walk into the alley behind the bar in order to “relieve” yourself. While you are urinating, a police officer sees you and your exposed genitals in a public place. Although you have exposed your genitals to the public, you did not have the intent to draw attention to this area of your body and cannot be convicted of indecent exposure. However, you may be found in violation of public urination laws.
The prosecution must also show that you exposed your genitals for the purpose of sexual arousal or to offend another person. If you did not intend to expose yourself for either of these purposes, your attorney can argue that you lacked the requisite intent to be convicted of this crime. For example: It’s late at night and you decide to go skinny dipping in a local pond. A pedestrian walking her dog spots your naked body emerging from the water and calls the police. Although you exposed your genitals in a public place, you did not do so for the purpose of sexual arousal or offending another person and your attorney can argue that you lacked the intent required for a conviction.
Indecent Exposure Defense 5: Mistaken identity
Cases involving indecent exposure claims can often arise in situations where the victim does not have a clear vantage point in order to identify the person who exposed himself/herself. Dim lighting, distance, time of day and the witness’s individual perception all play a key role in determining who actually committed the crime. Due to the difficulty of making a positive identification under certain circumstances, you may have been mistakenly identified for a crime that you did not commit. Your attorney can argue that the victim made a mistake in identifying you as the perpetrator and introduce factual evidence showing that the victim’s perception of what exactly occurred was not reliable under the circumstances.
In a mistaken identity case it is often critical for you to be able to present an “alibi” defense by presenting witnesses to testify that you were not in the location where the alleged crime occurred. For example, if you were at work at the time of the alleged offense you can present a “time card” from your work or co-workers to testify that you were working when the crime occurred.
Orange County criminal lawyers at Wallin & Klarich
If you are looking for an Orange County criminal lawyer to prepare a strong indecent exposure defense strategy on your behalf, Wallin & Klarich can help. With over 40 years of experience and offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, West Covina and Victorville, our highly skilled and professional defense attorneys will conduct a thorough investigation of the facts and passionately argue that your case should be dismissed.
Call us today at (877)4-NO-JAIL or fill out our client confidential form. We will get through this together.