Lewd & Lascivious Acts with a Minor | CA Defense Attorney
Being accused of committing a Lewd and Lascivious Acts upon a Minor is a serious allegation. Just merely being suspected of such a crime can haunt you forever. A charge and conviction for this crime can destroy your family, your friendships and your career. In order to protect your future you need a criminal defense team fighting for your rights and doing everything possible to deliver the best possible outcome in your case.
With 40+ years of experience, the lewd and lascivious acts with a minor defense attorneys at Wallin & Klarich focus their practice on successfully handling these delicate and complicated cases. When you retain our law firm you will have regular communication with your defense team and will know what is going on at every stage of your case. Our main goal is to protect your legal rights.
What are Lewd & Lascivious Acts?
California Penal Code 288(a) makes it illegal to commit any lewd or lascivious act with a minor under 14 years of age. Under PC 288(a). A “lewd and lascivious” act is an act of a sexual nature “with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires” of the minor. The elements that a prosecutor must prove for a conviction are:
- The accused intentionally touch a body part of a child or had the child touch the accused’s body
- The accused willfully acted with the goal of arousing, appealing to, or gratifying the sexual desires of the defendant or the child
- The minor was under the age of 14.
Depending on the details of the crime, the charge you’re facing could vary based on specific subsections found in the California penal code. The specific crimes in California that involve lewd and lascivious acts committed upon a minor are specified below:
- PC 288(a) – Lewd or Lascivious Acts Involving a Child Over 14 Years Old. In order to be charged with PC 288(a), the defendant must have willfully and lewdly touched the body of a child over the age of 14 years of age. In order to be charged with PC288(a), the touching must have been done with the intent to arouse, appeal, or gratify the lust, passions, or sexual desires of the defendant or child.
- PC 288(b) – Lewd & Lascivious Acts combined with the use of violence, threats, physical force, or fear. PC 288(b)(1) has the same requirements as PC 288(a), but with the added clause that the touching must have been done by the use of force, violence, duress, menace, or fear of immediate and unlawful injury on the child or another person.
- PC 288(c) – Lewd & Lascivious Acts with a minor who is 14 or 15 years old when the defendant is 10 years or older than the victim. Like the previous subsections, PC 288(c) requires that the defendant willfully and lewdly touched the body of a child, but specifically applies when the child is either 14 or 15 years old. Additionally, this crime is only applicable if the defendant is 10 years older than the victim and the touching was done with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of the defendant or the child.
Penalties for Lewd & Lascivious Acts with a Minor | What You Could Be Facing
The potential punishment for a conviction of any lewd act with a minor can be extremely serious. Below you can find the specific punishment for each violation of such laws.
- Section 288(a)- Lewd & Lascivious act with a minor under 14 years of age: A violation of this subsection carries with it a felony with the possibility of a state prison sentence of three, six, or eight years, based on any aggravating and mitigating factors. You may also have to pay a fine of up to $10,000. Although, it is also possible to be granted probation and not a jail sentence.
- Section 288(b) – Lewd & Lascivious Acts combined with the use of violence, threats, physical force, or fear: A person is charged with committing an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, can be found guilty of a felony and could thus be sentenced to either 5, 8, or 10 years in a state prison, with no chance for probation. In addition to the heavy prison time that is lingering over a conviction, if found guilty, you could also be fined up to $10,000.
- Section 288(c) Lewd & Lascivious Acts with a minor who is 14 or 15 years old, and the accused is 10 years or older than the victim: A violation of this subsection could be charged as a misdemeanor or a felony, depending upon the circumstances of the case. For a misdemeanor conviction, you face up to 364 days in county jail. For a felony conviction, you face a sentence of up to three years in state prison, plus a fine.
- PC 290 – Sex Offender Registration: The final penalty that you will face for any conviction under Section 288 is being forced to register as a sex offender for 10 years, 20 years, or even life. In addition to the registration requirement, failure to register as a sex offender is a separate felony charge that can carry of punishment of up to three years in prison.
How We Can Help Protect You | Possible Defenses
If you are charged with this crime, or being investigated, the best decision you can make is to hire a skilled and experienced Southern California lascivious acts with a minor defense attorney. Because of the serious and lifelong potential consequences associated with this type of crime, your criminal defense team will use every tactic and defense strategy at our disposal to defend you. Some defenses that our skilled lawyers at Wallin & Klarich have used to successfully defend our clients include:
The Credibility Defense
The first thing that should always be examined in any child molest case is the credibility of the allegations. Many times children can fabricate (or greatly exaggerate) their claims of child molestation. There are many reasons as to why a child might do this, but some common reasons include:
- In order to remove a less-favorable parent from the household.
- Gain attention, especially at school where adults are always around children.
- Misunderstanding the situation.
From being under a great deal of stress while their parents are divorcing, claiming a teacher did certain things in order to get out of a class, to simply misunderstanding the nature of the physical contact that was made, children are susceptible to exaggeration and error. During the first steps of any child molestation case, a highly skilled Wallin and Klarich attorney will assess the situation in-depth in order to determine the nature of credibility that is a cornerstone of the prosecution’s argument.
Unlawful Search & Seizure
An unreasonable search and seizure is a search and seizure by a law enforcement officer without a search warrant and without probable cause to believe that evidence of a crime is present. Any infringement upon your rights is something we always examine to see whether a violation of your rights could lead to evidence being thrown out by the court. In some cases this could lead to your case being dismissed.
24/7 Communication With Your Attorney | The Wallin & Klarich Way
Our team of Lewd & Lascivious Acts with a Minor defense lawyers have been representing criminal defendants in Southern California for over 40 years. Our focus is on the protection of our client’s rights. We will marshal whatever resources are necessary to provide the most robust and strong defense possible. We have handled hundreds of child molestation cases throughout Orange , Riverside, San Bernardino, Los Angeles, and San Diego Counties. We also handle cases throughout California. courts.
With 40+ years of experience defending against lewd & lascivious charges, we know the ins and outs of the courtrooms in Southern California and how to best represent our clients. If you are facing such a serious charge you will want a law firm representing you that has the skills, knowledge and resources to protect your rights to the fullest. It is extremely important to retain a criminal defense lawyer who knows all of the tricks and tactics used by the police and prosecutors.
Track Record of Success | Wallin & Klarich History of Winning Cases
Before hiring us, do your research and review our track record of success. You’ll see that we clearly are highly skilled and have won seemingly difficult cases for our clients. We also know the stress you and your family will be going through during such a serious time in your life. We treat our clients with the utmost dignity and respect throughout the entire legal process.
The Bottom Line
A Lewd & Lascivious Acts with a minor charge can turn your life upside down. Your freedom and entire future depend upon you choosing the right law firm to represent you. You will want an experienced criminal defense law firm to defend you that is well versed in dealing with Lewd & Lascivious Acts with a Minor charges. With offices throughout Southern California, we’re only a call away.
Contact us online or call us today at (877) 4-NO-JAIL for a free phone consultation. When you call, be prepared to share the facts of your case and/or any information that you think may be useful in obtaining the best outcome possible for your case. When it matters most, call Wallin & Klarich; we’ll be here for you when you call.