If you have somehow become entangled into the complexity of Penal Code Section 288, whether you are the accused or a family member of the accused, you will need to know what lies ahead. As with all individuals being investigated or having been arrested for any crime, It is important that nothing is said to the police. This will almost never help. Second is for you to obtain basic information regarding the legal issues and procedures associated with Lewd or Lascivious Acts with a Minor. Since you are reading this article, you are already on the right track. However, since every case is different, the only way to obtain the most accurate information as it pertains to your situation is to sit down and meet with an attorney. David A Welch is based in his Los Angeles office but frequently meets and represents clients in San Bernardino, Riverside and San Diego as well. Finally, retain an aggressive sex crime attorney to be at your side.
Without belaboring the issue, any person accused of a crime covered under Penal Code Section 288 will find his/her reputation at stake. If your employer becomes aware and you maintain your job, you should consider yourself lucky. If your work involves children (or even adults) in a school, hospital, care facility, etc., It is nearly certain that you will loose your job. If convicted of a PC 288 charge, the possibility exists that you may be eligible for probation, however if probation is not granted, you will be sent to a California Department of Corrections State Prison Facility. In prison you will likely be kept separate from the general population for you own protection. This is necessary because among prisoners, sex crimes against children if ranked at the bottom of the prisoner's social ladder. Finally, is the issue addressing the requirement that an individual convicted of a crime of code section 288 will most likely be required to register as a sex offender pursuant to Penal Code Section 290. This requirement will stay with the convicted offender for the rest of her/her life. Again, avoiding this horrible experience can be as simple as hiring the right Los Angeles defense attorney to represent you.
Below, I have categorized a few criminal violations that fall under California Penal Code Section 288.
The base charge has we have been discussing is a Lewd and Lascivious Act with a child under 14 years of age. However within this section, the court will consider whether force was used to commit the act. Also considered is what lewd act was committed. If the act included oral copulation, sodomy or penetration, the consequence of the offense will be further escalated. Age is another factor to consider. The code specifically identifies and categorizes crimes by the age of the victim (under ten, under fourteen, fourteen or fifteen, sixteen and under eighteen). Also considered is the age of the perpetrator. When the perpetrator is more than 10 years older than the victim in which, prison is likely.
This section only provides you with a brief overview of Penal Code Section 288. For an in-depth review of your case and how the law may apply to you, call an experienced Sex Crimes Defense Attorney. David A. Welch and his staff remain available to meet with you in our Los Angeles office other one of our other offices located throughout Southern California.