Tustin Lewd and Lascivious Acts with a Minor Defense Attorney
What Are Lewd and Lascivious Acts with a Minor?
Lewd and lascivious acts with a minor refer to inappropriate sexual conduct with a child under the age of 14. Under California Penal Code Section 288(a), the prosecution must prove the following elements in order to convict you for lewd and lascivious acts with a minor:
- You willfully and lewdly touched a child’s body, or caused the child to touch his/her own body or someone else’s body;
- You had the intent of arousing, appealing to, or gratifying the sexual desires of yourself or the child; AND
- The child was under the age of 14 at the time of the offense.
With regards to the first element, many people hold the mistaken belief that they must touch a minor’s private areas, such as the genitals or female breasts, to be convicted of this crime. However, this is not true. Touching any part of the child’s body, even through clothing, could satisfy this element of the crime if it was done with a sexual intent.
Depending on the circumstances of your case, the prosecution can charge you under the following code sections:
- Lewd and lascivious acts with a child under 14 (PC Section 288(a))
- Lewd and lascivious acts with a child by use of force, violence, duress, or fear (PC Section 288(b))
- Lewd and lascivious acts with a child of 14 or 15 if you are at least 10 years older (PC Section 288(c))
If you are convicted of lewd and lascivious acts with a minor in Tustin, your reputation and future may be on the line. A charge for this offense could result in fines, jail time, sex offender registration, and serious personal consequences. As such, it is crucial that you contact our skilled defense attorneys at Wallin & Klarich as soon as possible if you’ve been accused of violating PC Section 288.
Lewd and Lascivious Acts with a Minor Penalties
In California, sex crimes against children are taken very seriously, so lewd and lascivious acts with a minor are generally prosecuted as felony offenses. Below, we’ve outlined the possible penalties you may face for different child pornography offenses.
PC Section 288(a)
If you are found guilty of committing lewd and lascivious acts with a child under the age of 14, the penalties include:
- 3, 6, or 8 years in state prison
- Up to $10,000 in fines
- Sex offender registration
PC Section 288(b)
If you are found guilty of committing lewd and lascivious acts with a child achieved through the use of force, violence, duress, or fear, the penalties include:
- 5, 8, or 10 years in state prison
- Up to $10,000 in fines
- Sex offender registration
- A strike under California’s Three Strikes Law
PC Section 288(c)
If you are found guilty of committing lewd and lascivious acts with a 14 or 15-year-old minor and you were at least 10 years older than the alleged victim, the penalties include:
- Up to 3 years in state prison
- Up to $10,000 in fines
- Sex offender registration
Personal and Professional Consequences
A lewd acts with a minor offense could endanger your personal and professional life in addition to fines and jail time. Due to background checks that will inform prospective employers of your conviction, lifetime sex offender registration may have a detrimental effect on your ability to obtain future work. Additionally, having a sex offender record may restrict your housing options and potentially impair your ability to get financing. The mere allegation of a sex crime with a child could ruin your image, relationships, and quality of life even if you are found not guilty. Consult with our professionals at Wallin & Klarich as soon as possible following your arrest to clear your name and stop these accusations from destroying your future.
Defenses for Lewd and Lascivious Acts with a Minor
If you are charged with lewd and lascivious acts with a minor, you need the best defense team to represent you. Our attorneys will review the specifics of your case to see if any defenses apply to your situation. Some of the successful defenses for lewd acts with a minor include the following.
No Sexual Contact
For all lewd and lascivious acts with a minor cases, the prosecution must prove beyond a reasonable doubt that you touched the child or caused the child to touch you for a sexual purpose. For example, an innocent hug or pat on the back without any sexual motivation would not suffice. Additionally, if you accidentally touched a child and are subsequently accused of this crime, your attorney would be able to argue for this defense.
Insufficient Evidence
In all criminal cases, the prosecution must prove your guilt beyond a reasonable doubt. We have successfully defended many clients accused of lewd and lascivious acts with a minor on the grounds of insufficient evidence. If there is not enough evidence to prove your guilt, our attorneys will argue this defense on your behalf to get your charges dismissed.
False Accusations
In some cases, accusations can be motivated by personal vendettas against the defendant, or it could simply be a case of mistaken identity. The allegations against you could be completely false. If so, our attorneys will be able to investigate the details of your case and find evidence to show that the alleged incident did not occur. Without proper investigation, innocent people may be convicted of a crime they didn’t commit, but we won’t let that happen to you. Our team will fight to prove your innocence and get your charges dismissed.
Hiring a Tustin Defense Attorney | How We Can Help You
When you are facing serious criminal charges in Tustin, you need a skilled attorney with a history of success in the courtroom. At Wallin & Klarich, we believe in four key aspects that set us apart from other firms:
- Experience
- Communication
- Success
- Credibility
40+ Years of Experience Defending Lewd and Lascivious Acts with a Minor Charges
With over 40 years of experience and offices throughout Southern California, our attorneys at Wallin & Klarich know the best strategies to use in the courtroom based on the specific details of each case. Our lawyers know how to use the most successful defense methods in even the toughest situations, often getting cases completely dismissed so that our clients have total relief. We are also familiar with the Southern California courts, having offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego. This allows us the additional advantage of knowing local prosecutors and judges. You, as our client, will undoubtedly benefit from our resources and knowledge.
24/7 Communication with Your Attorney
We believe that communication and transparency are the foundation of success here at Wallin & Klarich. We guarantee that we will always be open and honest in our communications, and we are never more than a phone call or email away. We want to keep you updated on the details of your case and take time to listen to and address your concerns. With 24/7 open lines of communication, our attorneys are always here when you need us.
Track Record of Success
Our staff has a proven track record of success with thousands of clients spanning over 40 years. Because of the stigma of sex crime charges and the potential for serious repercussions, you need a qualified and experienced defense attorney to help you achieve redress. We want you to be just as confident in our abilities, so we invite you to look at some of our clients’ success stories and big wins in the courtroom.
Reputation and Credibility
It can be challenging to choose the right law firm to defend you. Because our clients know we are committed to them, Wallin & Klarich has been a well-respected firm in the Southern California community for many years. Our team will continue to serve our community with integrity and excellence, and we hope that you will give us the chance to defend you as well.
Discover how our skilled negotiators can help you fight a lewd and lascivious acts with a minor charge. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.