Lewd Acts with a Child

Orange County Lewd Acts with a Child Attorney

Lewd Acts with a Child Lawyer in Orange County

If you've been accused and arrested for lewd acts with a minor in Irvine, Westminster, Santa Ana, Garden Grove or anywhere in Orange County understand this is a very serious charge with potential severe punishments if convicted and that is why you need to call the Orange County criminal attorney experts at the Law Offices of Michael L. Guisti immediately. A lewd act with a child is essentially considered child molestation or sex with a minor.

Since this crime is taken very seriously with swift action by the Orange County District Attorney and police agencies it's very easy for somebody to falsely accuse you of performing lewd acts with a minor. There have been many cases in Orange County courts where either a parent or child accused somebody of this crime, only for it to turn out to be a completely false story.

This is a crime that causes a stern overreaction with authorities when they learn of the alleged crime, and that is why you need the Orange County sex crimes attorney experts by your side right away.

Understanding the Crime of Lewd Acts with a Child

Criminal defense attorneys from Irvine, Santa Ana, Westminster, Newport Beach and Fullerton explain that Penal Code (PC) 288 defines lewd acts with a minor as, "Any person who willfully and lewdly commits any lewd or lascivious act […] upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child."

Now if the teenager is age 14 or 15 slightly different charges apply.

If you had sex with a minor then that falls under California's statutory rape laws.

What if the Other Person Is 18 Years Old or Older?

If the person in question was over 18 at the time of the alleged crime and it was consensual, then you'll both face the much lesser charge of simply lewd acts.

Proving You Did the Alleged Crime

For the Orange County prosecutor to prove you "did" the crime they must prove, under The Judicial Council Of California Criminal Jury Instruction (CALCRIM) 1110, that you, "willfully touched any part of a child's body either on the bare skin or through the clothing [or] (you) willfully caused a child to touch (his/her) own body, the (your) body, or the body of someone else, either on the bare skin or through the clothing. (You) committed the act with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of (yourself) or the child, and the child was under the age of 14 years at the time of the act."

Possibly Multiple Charges

As our Orange County criminal attorney stresses, if the alleged victim or Orange County District Attorney believes you "touched" the alleged victim in two or more different spots, regardless if it allegedly occurred the same day or over a period of time, you can be charged with separate lewd act incidents.

This basically means if you allegedly "touched" one part of the alleged victim's body and later "touched" another part of the alleged victim's body you can be charged with two separate charges of lewd conduct with a minor.

"Touch"

According to CALCRIM "touching" any part of a child's body or having the child touch their own or anyone else's body means either to touch bare skin, or to touch your body through his/her clothing.

As one expert Westminster sex crimes attorney stresses, even if you didn't touch the child in a lewd or sexual manner you can still be convict you of this PC 288. Basically, if you gave a child an innocent hug or even held hands for the purpose of becoming sexual aroused you can be charged with lewd acts with a minor.

The Intent

As the Irvine sex crimes attorney explains, even if you didn't molest the child but merely hugged or held hands with the child, your intent to become sexual aroused, even if you didn't become sexual aroused, leads to a PC 288 charge.

Your Defense

As the Irvine, Newport Beach and Fullerton sex crimes defense attorneys all say your best defense is having your Orange County legal team question the creditability of the alleged victim.

This will include your Orange County legal defense team subpoenaing the alleged victim's school, counseling and medical records, friends, family members and conducting an extensive background check on the victim, the victim's friends and family members.

Many times through these investigative tactics it is learned the alleged crime never took place and the alleged victim recants their story and often admits it was all made up to "get back" at the alleged suspect. Subsequently the alleged victim can be charged with filing a false police report and you can seek remedies in civil court for this person ruining your reputation.

Age

Now, as the Orange County attorneys explain, if the alleged victim in question is either 14 or 15 years old and less than ten years younger than you, or is older than 15, the Orange County District Attorney cannot charge you with engaging in lewd acts with a minor, however you could possibly be charged with child molestation under PC 288 either as a misdemeanor or felony.

You Didn't Know the Age

Understand, what is NOT a defense option is, per People v. Olsen, unlike defending a statutory rape charge, claiming you didn't know the age of the alleged victim is not allowed.

If Convicted

They're two different types of punishment you face, and that depends if you're charged with child molestation where the alleged victim was 14 or 15 years old, or if you're charged with lewd acts with a minor who is/was under the age of 14.

To the first charge, if the alleged victim is 14 or 15 years old and you are at least ten years older than the minor you face a "wobbler," which means it can be filed by the Orange County District Attorney as either a misdemeanor or felony.

Misdemeanor Child Molestation Under PC 288

If convicted of misdemeanor child molestation you face a one-year Orange County jail sentence and maximum fine of $1,000.

Felony Child Molestation Under PC 288

If convicted of felony child molestation you face between one to eight years in a California State Prison and a maximum fine of $10,000 fine.

If Convicted of Lewd Acts with a Minor Under 14 Years of Age

If charged with lewd acts with a minor under 14 years old this is a felony and if convicted you face between one to eight years in a California State Prison, an additional and consecutive five-year prison sentence if the alleged victim suffered great bodily injury during the incident, required to registered as a sex offender, and paying for the alleged victim's psychological and/or medical treatment.

Call the Orange County Lewd Acts with a Child Attorney Now!

This is a very serious charge that will not only ruin your reputation, but send you to prison, and in prison those convicted of sex acts with a child are considered "the worse of the worst," and often have to be segregated from general population. With this in mind don't even think about walking into the courtroom alone and explaining yourself to the judge, rather you need to call the Orange County criminal attorney experts Law Offices of Michael L. Guisti right away.

By calling right away before the Orange County District Attorney formally files charges we can not only work with the DA to reduce charges, but investigate the alleged victim and police action leading to your arrest, which could result in your case being dismissed.

Since child molestation is a highly charged issue emotions get in the way of police investigations that may unfairly lead to your arrest.

Furthermore our legal experts will work with you to seek the financial compensation you deserve for having your reputation ruined.

So call the Law Offices of Michael L. Guisti right away at 888-478-8999.