Riverside Lewd & Lascivious Acts with a Minor Defense Attorney
What Are Lewd & Lascivious Acts With a Minor?
Under California Penal Code 288(a), it is illegal to commit lewd and lascivious acts with a minor under 14 years old. Touching a minor for sexual purposes or making a child touch themselves or someone else are examples of lewd and lascivious acts, but nearly any act that is sexual in nature can be charged under this penal code. Although many cases involve direct allegations of child molestation, you can be charged with a lewd act even if:
- You didn’t touch the child on bare skin.
- You didn’t touch the child’s sexual organs.
- The child did the sexual touching (allegedly at your request).
If you’ve been falsely accused of lewd and lascivious acts with a minor in Riverside, you’re facing serious personal, professional, and legal consequences. In fact, just being accused of a sex crime, especially involving a child, can ruin your personal and professional life. This is why it’s extremely important to contact one of our skilled defense attorneys at Wallin & Klarich. With over 40 years of experience successfully defending clients charged with lewd and lascivious acts in Riverside, we can help restore your good name.
Lewd & Lascivious Acts With a Minor Charges in Riverside
Depending on the details of your case, the Riverside prosecution can charge you with the following crimes:
Lewd or Lascivious Acts Involving a Child Under 14 Years Old
To convict you of PC 288(a), the prosecution must prove you intentionally touched a child or made him/her touch themselves or someone else to arouse, appeal to, or gratify you or the minor’s sexual desire. The prosecution must also prove the alleged victim was under the age of 14.
Lewd & Lascivious Acts With the Use of Violence, Threats, Physical Force, or Fear
Under PC 288(b), the prosecution must prove the requirements of PC 288(a) outlined above, and they must also prove you also used force, violence, duress, menace, or fear of immediate and unlawful injury on the child or another person.
Lewd & Lascivious Acts With a Minor 14 or 15 Years Old
To convict you of PC 288(c), the prosecution must prove the alleged victim was 14 or 15 years old and that you were 10 years older at the time of the crime. The prosecution must prove that you sexually touched or caused the child to touch you or someone else for sexual purposes as outlined in PC 288(a).
Penalties for Lewd & Lascivious Acts With a Minor| What You’re Facing
If you’re convicted of lewd and lascivious acts with a minor in Riverside, your freedom is at stake. The prosecution can charge you with either a felony or misdemeanor, depending on the details of your case and your prior criminal history. It is important to note, however, that sexual crimes against minors are strongly pursued as felony charges by the Riverside prosecution as an act of deterrence against future crimes. We’ve outlined the legal penalties for lewd and lascivious acts below:
Section 288(a)
If you’re convicted of lewd and lascivious acts with a minor under 14 years of age, you can be sentenced to 3, 6, or 8 years in state prison, a fine up to $10,000, and registration as a sex offender. Your sentence will depend on any aggravating or mitigating factors. In some cases, you may be granted probation, which is one of the many reasons you should contact the experienced defense attorneys at Wallin & Klarich.
Section 288(b)
If you’re convicted of lewd and lascivious acts combined with the use of violence, threats, physical force, or fear, you’ll have a felony on your record and face a sentence of 5, 8, or 10 years in state prison with no chance of probation, a fine up to $10,000, and registration as a sex offender. Under California’s Three Strikes law, a lewd act with force is a strike on your record, and if you have prior strike convictions, your sentence could be doubled or tripled.
Section 288(c)
If you’re convicted of lewd and lascivious acts with a 14 or 15-year-old minor and you’re 10 years or older than the alleged victim, your sentence will depend on whether you were convicted of a misdemeanor or felony. For a misdemeanor conviction, you face up to 364 days in county jail and a fine of up to $1,000. For a felony conviction, you face up to three years in state prison and a fine of up to $10,000. Both convictions require you to register as a sex offender.
Sex Offender Registration PC 290
California PC 290 outlines the laws regarding sex offender registration. In Riverside, any conviction of Section 288 requires you to register as a sex offender for 10 years, 20 years, or even life. Failure to register as a sex offender is a separate felony charge, which carries up to three years in prison.
Professional and Personal Consequences
If you’re accused of committing a lewd act with a child in Riverside, a lot of problems can arise in your personal and professional life. It can ruin relationships with your loved ones and leave a black mark on your good name. Once convicted, it is next to impossible to keep or find a decent job. You may even lose your professional license if you’re a teacher, doctor, or lawyer. If you must register as a sex offender, it’s hard to overcome the judgment of other people. Many of our previous clients turned to us for help after a false accusation at work caused them to lose their job. Others lost friends and family members, and their neighbors even turned against them. The good news is we helped them clear their reputations, and we can help you too.
At Wallin & Klarich, we understand how overwhelmed you feel. For over 40 years, our skilled defense attorneys have successfully defended clients facing allegations of lewd and lascivious acts with a minor. This is not something you want to face by yourself. We will stand by your side and aggressively defend you, so you stay out of prison and keep your good name.
Fight Back | Possible Defenses Against Lewd & Lascivious Acts With a Minor Charges
Accusations of lewd acts with a minor can make you feel lost without hope in sight. However, you will be at ease with Wallin & Klarich at your side. Our defense attorneys are here to help you win your case. For over 40 years, we’ve represented clients facing charges of lewd and lascivious acts in Riverside and throughout California. Our experience has allowed us to pinpoint the best defense strategies. The most effective defenses for allegations of lewd acts with a minor include:
False Accusation
Unfortunately, false accusations frequently occur. Mandated reporters, like doctors, nurses, coaches, or teachers, report what they suspect is sexual abuse, and allegations snowball from there. Other times children are coached by a bitter parent. Sometimes children make up stories of lewd acts to get out of a class or change homes. For example, your daughter is mad at you for taking her cellphone. She makes up a story and tells her mom, who reports it to the police. The prosecution charges you with lewd and lascivious acts. Your attorney will investigate your case and present evidence in court to support your side of the story.
No Sexual Contact
If you touched a child but it wasn’t in a sexual manner, a solid defense is that no sexual conduct occurred. For example, a student accuses you of touching him in a sexual way. However, you patted his back after a basketball game, and witnesses saw what happened. Your attorney will argue that your behavior was not a crime because you had no sexual intent. The prosecution must prove you willfully committed the act for sexual purposes.
Insufficient Evidence
In all criminal cases, the prosecution must prove guilt beyond a reasonable doubt. We’ve successfully defended many clients accused of lewd acts with a minor on the grounds of insufficient evidence. If there is not enough evidence to prove your guilt, your attorney will argue this defense, which can result in the dismissal of your charges.
Hiring A Lewd & Lascivious Acts With a Minor Defense Attorney | How We Can Help You
When you’re facing serious charges, it’s extremely important to hire a skilled attorney with a history of success in the courtroom. At Wallin & Klarich, we believe four (4) key aspects separate an average attorney from the best defense attorney.
- Experience
- Communication
- Track record
- Ethos – Credibility
Wallin & Klarich | 40+ Years of Experience Defending Lewd & Lascivious Acts With a Minor Charges
With over 40 years of experience defending clients accused of lewd and lascivious acts with a minor, our attorneys at Wallin & Klarich understand the different strategies that work in the courtroom based on the details of each case. We are also familiar with the prosecutors, which gives us the advantage of knowing their strategies as well. Our real-world experience allows us to craft a strong defense, greatly increasing your chance of success.
24/7 Communication With Your Attorney | The Wallin & Klarich Way
At Wallin & Klarich, communication and transparency are the foundation of our success. It’s easy for clients to get lost in all the paperwork and legality. We want you to know what’s happening with your case, so we keep communication open and honest, taking the time to listen and address your concerns. This is why so many people choose our attorneys when they’re facing accusations of lewd acts with a minor. With 24/7 lines of communication and expert guidance throughout their legal journey, our clients are happier and more well-informed. Working together, we’re able to achieve the best results.
Let’s begin building the strongest defense for your case. Give us a call at (877) 4-NO-JAIL.
Track Record of Success | Wallin & Klarich History of Winning Cases
Anyone can say they’re successful, but actual results speak for themselves. We want you to be just as confident in our abilities as we are, so we invite you to look at some of our client’s success stories and big wins in the courtroom.
Reputation & Ethos | Wallin & Klarich A Reputation You Want on Your Side
With hundreds of lawyers claiming to have extensive experience defending clients charged with lewd and lascivious acts with a minor in Riverside, it is challenging to choose the right law firm to defend you. For more than 40 years, we’ve defended cases involving child molestation and lewd acts with a minor, and many of our cases have been featured on television, in newspapers, and throughout the internet. Check out some of our most notable cases below.
Call Us Today
If you or a loved one has been accused or charged with lewd and lascivious acts with a minor, getting ahead of the case is often what makes the biggest difference. Give us a call at (877) 466-5245 for a free consultation with one of our highly-skilled Riverside defense attorneys.
When you need us, we will be here.
