You are the head coach of your 9-year-old son’s baseball team. Recently, you were accused of committing a lewd or lascivious act upon one of the players after allegedly grabbing his buttocks. What defenses can an attorney raise on your behalf to defend you against this serious charge?
The skilled child molestation defense attorneys at Wallin & Klarich have over 30 years of experience successfully defending clients accused of child molestation. We are well-versed in all of the defenses to a child molestation charge and have the skill needed to help you win your case.
Defenses to a Child Molestation Charge Under PC 288
Defenses to a child molestation charge include the following:
- Accidental touching
- A prosecutor may not convict you of child molestation if you did not intentionally touch a minor’s intimate part for the purpose of sexual gratification.
- Example: During baseball practice, you accidentally touched a player’s groin area while trying to tag him out at second base. Since the touching of the player’s intimate part was accidental, you may not be convicted of child molestation.
- Lack of intent
- You may not be convicted under PC 288 if you touched a minor without the specific intent to gratify your sexual desires.
- Example: In many sports, coaches often tap their players on the buttocks as a form of encouragement or recognition. If you tapped your player on the buttocks after he hit a homerun, your attorney can argue that you did not touch him with the specific intent to gratify your sexual desires.
- You may have a valid defense to a PC 288(a) or (b) charge if the child was 14 years of age or older. If the child was 14 or 15 years old, you must have been at least 10 years older than the child at the time of the touching in order to be convicted under PC 288(c).
- Example: You may not be convicted under PC 288(a) or (b) if you were 23 years of age when you allegedly touched an intimate part of a 15-year-old boy.
- False Accusations
- Your attorney may attack the victim’s credibility and show that he or she is falsely accusing you of child molestation.
- Example: Your Wallin & Klarich attorney can show that one of your players is falsely accusing you of child molestation as a form of revenge for not allowing him to play his preferred position during the season.
Why You Should Retain the Law Offices of Wallin & Klarich
The skilled criminal defense attorneys at Wallin & Klarich have over 30 years of experience successfully defending clients accused of child molestation. Our attorneys’ knowledge of the law and close attention to all of the facts ensure that you will receive the best possible outcome in your case. We are committed to being available to our clients at all times– 24 hours a day, 7 days a week, 365 days a year.
Our offices are located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego, and Sherman Oaks. Please call us today at (877) 466-5245 to discuss your case. We will get through this together.