Your potential sentence for a PC 288 violation depends upon the circumstances of your case. However, what is certain is that the potential punishment for lewd acts with a minor conviction in Orange County is severe. That is why it is important to know exactly how the prosecution will attack you.
For example, if you are convicted under PC 288(a) for lewd acts upon a child under the age of 14, you could be imprisoned in state prison for up to 8 years and fined $10,000.
If you are charged under PC 288(b) with using force, violence, duress or fear to commit the lewd act, you could face up to 10 years in prison and a $10,000 fine. If convicted under PC 288(b), the court must sentence you to prison since you are not eligible for probation.
Any conviction under PC 288 will require that you register as a sex offender for life.
What the prosecutor must prove in order to convict you of a violation of Penal Code Section 288
To convict you under PC 288, the prosecution must prove the following three elements:
- • You willfully and lewdly touched any part of a child’s body, or you willfully caused the child to touch your body, or the body of someone else
- • You committed the act with the intent of arousing, appealing to, or gratifying your lust, passions, or sexual desires, or the lust, passions, or sexual desires of the child, AND
- • The child was under the age of 14 at the time of the act
If the minor was 14 or 15 years old and you were at least 10 years older than the minor at the time of touching, you can be charged with a violation of Penal Code section 288(c).
Why you should hire the Orange County lewd acts with a minor attorneys at Wallin & Klarich
Wallin & Klarich has been successfully defending our clients facing sexual abuse charges for over thirty years. Due to our decades of experience we are familiar with all of the legal defenses to a child molestation accusation.
We will aggressively defend you from the first day you retain our office to help you stay out of jail. We will obtain all of the “evidence” that the prosecutor has and will review the police reports line by line. We will then have you prepare an extensive summary of all of the facts you are aware of that pertain to these serious charges.
Armed with this legal knowledge and factual information we will then prepare the most effective defense strategy to allow us to successfully defend you. You will remain actively involved in your defense. You will be kept informed of all developments on your case as they happen.
When you are accused of a sex crime in California there is too much at stake to retain any law firm other than Wallin and Klarich.
Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 466-5245. We will get through this together.