What Are Lewd & Lascivious Acts With a Minor?
A lewd and lascivious act is defined as conduct directed toward a child under the age of 14 “with the intent of arousing, appealing to or gratifying the lust, passions, or sexual desires of that person or the child.” This crime carries severe legal penalties and a lifetime of personal consequences.
You should immediately consult our experienced sex crime lawyers at Wallin & Klarich if you or a loved one face accusations of lewd acts with a minor in West Covina. Someone can misinterpret an innocent interaction between you and a minor, leading to prison time and sex offender registration.
With 40+ years of experience, we specialize in defending clients facing false allegations of sex crimes in Southern California. Our skilled attorneys will fight to prove your innocence! Contact Wallin & Klarich today for your free consultation!
Lewd Acts With a Minor Charges in West Covina
The prosecution aggressively pursues conviction for all sex crimes, especially those involving children. You can face the following charges for lewd acts with a minor depending on the accusations against you.
Lewd or Lascivious Acts Involving a Child Under 14 Years Old PC 288(a)
West Covina prosecutors must prove the elements outlined under PC 288(a) to convict you of lewd acts with a minor under 14 years old:
- You intentionally touched the child or encouraged them to touch you.
- Your goal was to arouse, appeal to, or gratify your sexual desires or the child.
- The alleged victim was under the age of 14.
Lewd & Lascivious Acts With the Use of Violence, Threats, Physical Force, or Fear
The prosecution can convict you of violating Penal Code 288(b) if they can prove you used threats, violence, force, or fear, and they must also prove the above elements of 288(a).
Lewd & Lascivious Acts With a Minor 14 or 15 Years Old
The prosecution can convict you of PC 288(c) if the alleged victim was 14 or 15 and you were ten years or older when the alleged crime occurred. They must also prove the elements of PC 288(a).
Penalties for Lewd & Lascivious Acts With a Minor | What You’re Facing
If convicted of this crime, you may face a lifetime of consequences due to mandatory sex offender registration. While the prosecution can file either felony or misdemeanor charges, you should expect to face a felony for this crime. West Covina prosecutors generally file felony charges for lewd acts with a minor in most cases. To make matters worse, prior strikes on your record for any violent offense significantly increase your sentence under California’s Three Strikes Law PC 667.
Certain circumstances, known as aggravating factors, also increase the penalties, for example, if the crime involved the use of a weapon, a particularly young child, or multiple victims. However, our experienced attorneys can present mitigating factors for the court to consider, which may reduce your penalties, such as a mental disability, a history of abuse, and a clean criminal record. Receive a free consultation with our sex crime attorneys by calling Wallin & Klarich at (877) 466-5245 today!
Below, we’ve outlined the penalties for lewd and lascivious acts with a minor in West Covina:
Section 288(a)
You face the following penalties for lewd and lascivious acts with a minor under 14 years old:
- Three, six, or eight years in state prison
- A maximum fine of $10,000
- Mandatory sex offender registration
- Strike on your record
- Double the penalties if you have one prior strike
- 25 years to life if you have two previous strikes
Section 288(b)
If the crime involves violence, threats, physical force, or fear, you face the following penalties for lewd acts:
- Five, eight, or ten years in prison without probation
- A maximum fine of $10,000
- Mandatory sex offender registration
- Double the sentence with one prior strike
- 25 years to life with two previous strikes
- Automatic 25 years to life for multiple victims or inflicting bodily injury under California’s One Strike Law
Section 288(c)
If you’re ten years older than the alleged victim, you face the following penalties for lewd acts involving a 14 or 15-year-old:
- Misdemeanor
- Jail sentence of 364 days
- A maximum fine of $1,000
- Sex offender registration
- Felony
- Prison sentence of three years
- Maximum fine of $10,000
- Sex offender registration
Sex Offender Registration PC 290
Senate Bill 384 introduced a new tiered registration for sex offenders. Upon conviction, the court assigns a tier according to the crime and criminal history. For example, you can be placed on Tier 2 for a first lewd acts conviction under 288(a), which means you’ll have to register as a sex offender for at least 30 years. However, the second conviction of PC 288(a) and any conviction of PC 288(b)(i) results in Tier 3 lifetime registration.
All sex offenders must register within five days of their birthday each year and report any address changes within five days. If you fail to do so, the court can find you guilty of violating California PC 290, which carries up to three years in prison.
Professional and Personal Consequences
When someone accuses you of inappropriate behavior with a minor, you may feel like you’re living a nightmare. Accusations of lewd acts put your reputation on the line, and a conviction could mean losing your job, close relationships, and much more. It’s easy to get overwhelmed by the stress of facing serious charges.
Our attorneys at Wallin & Klarich are here to help you fight false accusations of lewd acts with a minor in West Covina. We understand that you may not have money saved for a legal emergency like this. That’s why we provide payment plans to help you afford a skilled lawyer from our law firm. For the past 40+ years, we’ve helped clients clear their reputations after false allegations of sex crimes involving minors. You need a powerful defense to fight accusations of lewd acts with a minor. Call Wallin & Klarich today for a free consultation and the expert legal representation you deserve!
Fight Back | Possible Defenses Against Lewd & Lascivious Acts With a Minor Charges
Wallin & Klarich is one of the most highly regarded law firms in Southern California for our history of success in the courtroom and passion for defending those falsely accused. When you hire one of our skilled defense attorneys, you’ll have an entire defense team backing you. Our legal strategies have helped numerous clients avoid wrongful sex crime convictions. We’ve used many effective defenses in past child molestation cases involving lewd acts. Below, you’ll find a few of the top defenses for lewd acts with a minor.
False Accusation
False accusations can result in prison time for a sex crime you didn’t commit. Throughout our 40+ years, countless clients have sought our help to fight charges for lewd acts with minors, and we’ve been able to get charges dropped or reduced for many of them.
Getting to the truth in a sex crime case requires a determined lawyer with experience and skill. If someone falsely accused you, contact our West Covina defense attorneys today!
No Sexual Contact
Unfortunately, our past clients have faced charges of lewd acts with minors after someone misinterpreted innocent interactions. For a conviction, the prosecution must prove your actions were sexually motivated. Our attorneys can argue you never touched the child in a sexual manner.
Insufficient Evidence
The prosecution may have charged you without enough evidence to support your guilt. If so, we can negotiate with the prosecutor to drop charges of lewd acts. Our attorney can work to convince them that there’s not enough evidence for a conviction. We’ve successfully persuaded the prosecutor to drop charges before trial in some cases.
We can also present this argument in court to persuade the judge to drop charges. If the court finds insufficient evidence of lewd acts with a minor, the judge can dismiss your case. If the judge denies our motion, we’ll continue fighting for a dismissal. During our cross-examination of state witnesses, we challenge their stories to show the court weaknesses in the prosecution’s case. You need a solid defense against false accusations of lewd acts in West Covina. Call Wallin & Klarich today!
Hiring A Skilled Defense Attorney | How We Can Assist You
Serious accusations require a skilled and experienced defense attorney. With 40+ years of experience, Wallin & Klarich stands out among the crowd of West Covina criminal defense firms. Our attorneys specialize in defending clients accused of lewd acts with a minor, and we understand the most effective defense strategies. You should consider many factors when choosing a criminal defense lawyer. However, four key characteristics set us apart, including:
- Loyal Advocates
- Skilled Negotiators
- Solid Record for 40+ Years
- Specialized Legal Knowledge
Your Loyal Advocates | The Wallin & Klarich Difference
Loyalty is hard to find. Unfortunately, many law firms treat clients like case numbers rather than real people. At Wallin & Klarich, we believe you deserve respect and dedication. But we don’t just say it; we show it through our devotion to your defense and our interactions with you. Our attorneys promptly address all your concerns because we never want you to feel dismissed or unheard. Rest assured, our communication with you will always be straightforward and genuine. With Wallin & Klarich at your side, you can walk into court confident that we have your best interests in mind. Moreover, we’ll be prepared to put up our strongest fight.
Skilled Negotiators | 40+ Years of Success
Wallin & Klarich has a history of success spanning 40+ years. We’ve obtained the best possible results in complex sex crime cases and helped our clients avoid spending time behind bars. Their stories stand as a testament to our skilled legal negotiation. But, more importantly, they renew our motivation to defend others falsely accused of lewd acts with a minor in West Covina. Our passion for helping clients has not wavered in over four decades and counting. Discover how our skilled negotiators can help you fight false accusations of lewd acts in West Covina, CA. Contact us today at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a highly-experienced defense attorney.
When you need help, we will be here.