If I am being charged with molesting a 13 year old girl what am I facing if convicted in terms of prison time? Can I obtain probation or do I have to go to prison if I am found guilty? Penal Code Section 288
May 9, 2012 By iwss
The penalties in California for felony child molestation are severe. IF you are found guilty of this offense you are facing a potential state prison sentence of three, six or eight years. IF you are sent to prison you will have to do 85% of the time before you are placed on parole. In addition you would have to register as a sex offender per Penal Code Section 290. However, in some cases, the court can order a Penal Code Section 288.1 report and if the report is positive the court has the power to place you on probation. If you are placed on probation the court can sentence you to up to one year in county jail as a condition of formal probation.
You would have a probation officer and you would still have to register as a sex offender, but if you receive probation you would be avoiding going to state prison.
Sex offense defense in California is a very complicated area. Wallin and Klarich are one of the few law firms in California who have tremendous experience defending people who find themselves accused of sex crimes. Feel free to call us toll free at 877-466-5245 to discuss your case.
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The decision on whether a person charged with child molestation should go to prison or get probation is largely with the DA and the Judge. If the DA insists on prison, your attorney can always discuss the case with the Judge in order to seek a “probation offer”. Your attorney should be getting a good psychological evaluation showing that you are a good candidate for treatment and that you are not a risk to the general public. These evaluations are crucial to the decision making process of the Judge and the DA. Recently, one of my clients was offered 6 years prison by the DA. Later, we submitted a very good evaluation and the Judge ended up sentencing my client to probation and 1 year house arrest.
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The decision on whether a person charged with child molestation should go to prison or get probation is largely with the DA and the Judge. If the DA insists on prison, your attorney can always discuss the case with the Judge in order to seek a “probation offer”. Your attorney should be getting a good psychological evaluation showing that you are a good candidate for treatment and that you are not a risk to the general public. These evaluations are crucial to the decision making process of the Judge and the DA. Recently, one of my clients was offered 6 years prison by the DA. Later, we submitted a very good evaluation and the Judge ended up sentencing my client to probation and 1 year house arrest.