Child Molestation Defense Lawyer
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We are one of the top Los Angeles Sex Crime Attorenys. Child molestation is considered a very serious crime in California, and is punishable by severe legal consequences. It is defined as any act of sexual misconduct with a child, including sexual assault, sexual exploitation, and lewd or lascivious acts with a minor.
In California, child molestation is classified as a felony offense, and the penalties for a conviction can include long prison sentences, substantial fines, and lifetime registration as a sex offender. The specific sentence that a person may receive for a child molestation conviction can vary depending on the specific circumstances of the case and the discretion of the judge.
Under California Penal Code 647.6, child molestation or Annoying a child is a wobbler in Los Angeles, California and require the help of an experienced Criminal Defense Attorney to defend. This crime occurs when an adult engages in any type of sexual act with a minor under 18 years of age. If an adult unlawfully touches a minor under the age of 14, more severe penalties may be the result under California Penal Code 288 for Child Sexual Abuse. It is unlawful for an adult to touch an intimate part of a minor’s body for the purpose of sexual gratification. This is sometimes referred to as “lewd act upon a child”.
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What penal codes cover the crime of child molestation in California?
In California, the crime of child molestation is covered under various Penal Code sections. Some of the key Penal Code sections that pertain to child molestation include:
- Penal Code Section 288(a) – Lewd act with a minor under 14: This section covers any touching of a child under the age of 14 with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the perpetrator or the child.
- Penal Code Section 288(b) – Lewd or lascivious acts with a child 14 or 15 years old: This section covers any touching of a child who is 14 or 15 years old with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the perpetrator or the child.
- Penal Code Section 288.5 – Continuous sexual abuse of a child: This section covers ongoing sexual abuse of a child under the age of 14 by a person who has care or custody of the child.
- Penal Code Section 269 – Aggravated sexual assault of a child: This section covers the sexual assault of a child under the age of 14 that results in great bodily harm or is committed during the commission of a kidnapping, burglary, or other specified felonies.
A Los Angeles Child Abuse Defense Lawyer also handles other child sexual abuse crimes in California which could be prosecuted under different Penal Code Sections as follows: 261(a) PC, 261 PC, 288(a) PC, 288 PC, 261, 288, Forcible rape, 273a(a), 273a, 288(b)(1), 288.8, 289.
These are just some of the Penal Code sections that pertain to child molestation in California. The specific charges that a person may face for a child molestation crime will depend on the facts of the case and the discretion of the prosecuting attorney.
What are the penalties for the violation of California Penal Code Section 288(a)?
The penalties for violating California Penal Code Section 288(a), which covers lewd or lascivious acts with a child under 14 years of age, can include:
- Imprisonment: A conviction for violating Penal Code Section 288(a) can result in a prison sentence of three, six, or eight years.
- Fines: In addition to a prison sentence, a person convicted of violating Penal Code Section 288(a) can also be ordered to pay substantial fines.
- Lifetime sex offender registration: A person convicted of violating Penal Code Section 288(a) will be required to register as a sex offender for the rest of their life.
- Lifetime supervision: A person convicted of violating Penal Code Section 288(a) may also be subject to lifetime supervision, which can include restrictions on where they can live and work, as well as ongoing monitoring by law enforcement.
It’s important to note that these penalties can increase if the child molestation involves the use of force, if the child is under the age of 10, or if the perpetrator has prior convictions for child molestation or similar crimes.
In general, child molestation is considered a very serious crime in California, and those convicted of such crimes can face severe legal consequences. If you are facing charges for violating Penal Code Section 288(a) or any other child molestation crime, it is important to seek the advice of an experienced criminal defense attorney as soon as possible.
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What are California Penal Code 290 sex registration requirements in child molesttation cases?
In California, individuals convicted of certain sex crimes, including child molestation, are required to register as sex offenders under Penal Code 290. The registration requirements for these individuals include:
- Reporting to a local law enforcement agency within 5 working days of their birthday and annually within 5 working days of their birthday
- Providing the local law enforcement agency with updated information, including any changes in name, address, employment, or vehicle information
- Appearing in person at a local law enforcement agency to have a current photograph taken every two years
It’s important to note that these requirements apply to individuals who have been convicted of a sex crime and who are required to register under Penal Code 290. The specific requirements can vary depending on the individual’s circumstances, and individuals should consult with a lawyer or a local law enforcement agency for more information. Additionally, failure to comply with the registration requirements of Penal Code 290 can result in criminal charges.
Defenses to Child Molestation
Numerous defenses are available to a Child Molestation, a minor’s abuse, or Child Sexual Abuse charges. An experienced Los Angeles Criminal Defense Lawyer must carefully examine the case to find out what particular defense must be alleged and argued.
Unlawful oral sex with Person under 18 under California Penal Code section 261.5(C). California distinguishes cases in which the defendant was over the age of 21 and the minor was under the age of 16. In such cases penalties may be more severe under Penal Cose Section 261.5(d).
Child Molestation Criminal Lawyer
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“Lack of intent or Accidental Innocent Contact”
One common defense to Child Molestation is “lack of intent”. Here, defendant claims that he either did not touch an intimate part of the child or if he did it was accidental or necessary, and not for sexual pleasure. An experienced investigator may play a big role in examining the totality of the circumstances of the alleged sexual misconduct.
Affordable and Convenient Payment Plans. Call for Details.Defense of a child molestation case is very case specific and directly related to how the defendant has lived his life and his interaction with children overall. Since jurors are never sympathetic to the defendant in child molestation cases, it is essential that the defense attorney defend these cases with particular caution without attempting to discredit the child. The defense attoney must also utilize the services of numerous experts such as psychiatrists or physicians in demonstrating the unlikelihood that the defendant committed the alleged sexual assault. The use of character witnesses is also helpful in personalizing the defendant in the eyes of the jurors.
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Criminal prosecution can affect your health, freedom, employment, and social life. You need help and you need the best criminal defense you can get. At the Law Offices of Tony M. Seyfi, with the state of the art computerized legal research tools and forensic techniques, we will focus on identifying the defenses you may have and will develop numerous challenges to any crime possible.
Our goal is victory for our clients and to keep them from going to jail, and we are confident of our defense strategies. If you would like to discuss your case, call us today for a FREE CONSULTATION and case analysis.
