Depending on the specific charge you accused of and the facts of your case, a violation of California Penal Code Section 288 could be a felony or a wobbler offense. A wobbler crime is one that can be charged as a felony or a misdemeanor.
So, will you be charged with a felony for violating PC 288? Our skilled sex crimes lawyers have been successfully defending clients facing PC 288 charges for more than 35 years. Let’s take a look at how you could be charged with a felony under PC 288.
What is PC 288?
There are several subsections listed under California Penal Code Section 288, so it can be difficult to understand if you are facing felony or misdemeanor charges if you are accused of violating PC 288.
For example, you could be charged with violating:
- PC 288(a) – Committing lewd or lascivious acts involving a minor under the age of 14
- PC 288(b)(1) – Performing lewd or lascivious acts involving a minor under the age of 14 through the use of force, threat or duress, or
- PC 288(c)(1) – Committing a lewd or lascivious act upon a 14- or 15-year-old minor
Under PC 288, you commit a “lewd or lascivious act” if you willfully and lewdly touch a child’s body or cause the minor to touch your body or his or her own body for the purposes of sexual gratification or arousal.
So, what charges do you face if you are accused of violating PC 288?
Is a PC 288 Violation a Felony or a Misdemeanor?
In most cases, you will be charged with a felony offense for a violation of PC 288. These crimes carry various sentences, typically three years or more in prison and fines of up to $10,000.
However, there are a few PC 288-related offenses that are considered wobbler crimes. Those crimes include:
- Lewd and lascivious acts by a caretaker involving a dependent adult (PC 288(c)(2)) – This offense carries up to 364 days in county jail if it is charged as a misdemeanor and up to three years in state prison if charged as a felony.
- Sending harmful matter to seduce a minor (PC 288.2) – A misdemeanor PC 288.2 conviction is punishable by up to six months in county jail and up to $1,000 in fines. A felony is punishable by up to three years in state prison and $10,000 in fines.
- Arranging to meet with a minor for lewd purposes (PC 288.4) – Misdemeanor PC 288.4 is punishable by up to 364 days in county jail and a $5,00 fine, while a felony carries up to four years in prison and fines of up to $10,000.
If you are accused of any of these offenses, you should contact an experienced sex crimes defense attorney at Wallin & Klarich. Our skilled and knowledgeable sex crimes defense lawyers will attack the evidence against you in an effort to have the district attorney file only misdemeanor charges or file no charges against you at all.
Contact the Sex Crimes Attorneys at Wallin & Klarich Today
If you or a loved one is accused of committing lewd acts involving a minor under PC 288, you should contact an experienced sex crimes defense attorney at Wallin & Klarich immediately. Our knowledgeable sex crimes attorneys have more than 35 years of experience successfully defending clients facing criminal charges under PC 288. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich sex crimes defense attorney available near you no matter where you are located.
Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.