Defending those charged with a sex crime is a difficult task due to the complex nature of the crime, the emotional outcry from the media, and the prosecution’s adverse portrayal of the person accused. It is rare to find a criminal defense law firm who has the experience, resources and training necessary to win these emotionally charged cases. That is why it is of the utmost importance that you speak with a law firm who has extensive experience and success in dealing with these types of cases. By working closely with private investigators and expert witnesses, your sex crimes attorney at Wallin and Klarich has developed a comprehensive understanding of how sex crimes cases operate and will develop a unique defense strategy specifically tailored to the facts of your individual sex crimes case.
Prosecution for Lewd or Lascivious Acts With A Minor Penal Code 288(a)
In order for you to be convicted for lewd or lascivious acts with a minor under California Penal Code section 288(a), the prosecution must prove all of the following:
- 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.
The term “willfully” means that you acted willingly or on purpose. In order for it to be proven that you acted willingly, the prosecution is not required it to show that you intended to break the law, hurt someone else, or gain any advantage. The prosecution must only show that you intended to commit the touching for sexual arousal or gratification.
It is not necessary that the touching be done on bare skin to be charged under California Penal Code section 288. The unlawful touching can also be done over clothing.
Lastly, a charge under California Penal Code section 288 does not require that you actually became aroused during the commission of the act. You must only have intended to arouse or gratify your passions or sexual desires when you acted.
California Penal Code section 288 (a) is a felony. If you are convicted of lewd acts with a minor you face up to eight years in prison. In some cases a person convicted of PC 288(a) may be eligible for probation. If you are eligible for probation the court will look to the factors listed under California Rules of Court 4.414 to determine if you should be sentenced to probation. The court may choose to impose a jail sentence as one of the conditions of your probation.
Finding An Experienced Sex Crimes Criminal Defense Attorney
Over the past 30 years, the skilled sex crimes attorneys at Wallin and Klarich have successfully defended thousands of clients facing prosecution for a wide variety of sex related offenses. We are the current legal representative of the California Teachers Association and have been helping school teachers and educators fight sex crime charges for almost 30 years. In addition, we have helped many individuals convicted of sex offenses receive post conviction relief through certificates of rehabilitation and governor’s pardons. The reason for our success stems from our intense work ethic, our personalized service, and an excellent support staff dedicated to winning your case. Our clients have provided us powerful testimonials which explain why so many of those accused of sex crimes decide to retain Wallin & Klarich in their time of need.
If you are facing a sex crimes charge, call (877) 466-5245 to speak with one of our experienced sex crimes criminal defense attorneys. With offices located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks there is a Wallin & Klarich attorney available wherever you happen to live. We will be there when you call.