If you have been charged with Lewd Acts with a Minor (child molestation) in Orange County, you should contact The Atias Law Firm, a criminal defense law firm in Orange County to get in touch with a law firm that works with a team of professionals on the matter and that knows how to handle Lewd Acts with a Minor charges. In Orange County, Lewd or lascivious acts refer to acts that are indecent or sexual in an offensive way relating to a minor under the age of 14. The full text of the Lewd Acts with a Minor laws in Orange County can be found in California Penal Code Section 288(a). To prove that the defendant is guilty of Lewd Acts with a Minor, the Prosecutor must prove that:

• One willfully and lewdly touched any part of a child’s body or willfully caused the child to touch your body or the body of someone else
• The act was committed with the intent of arousing, appealing to, or gratifying one’s 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

Pursuant to Penal Code Section 288(c) one can also be convicted of lewd acts upon a minor the age of 14 or 15 years old if the defendant was 10 years older than the minor at the time of the touching. The Lewd Acts with a Minor laws in Orange County can be confusing to a defendant charged with a crime. At The Atias Law Firm, a criminal defense law firm in Orange County, we know the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed.

Reducing a Lewd Acts With a Minor Charge To A Lesser Crime

Circumstances may allow the Prosecutor to charge you with Misdemeanor Lewd Acts with a Minor, rather than Felony Lewd Acts with a Minor. Whether your case should be charged as a misdemeanor or a felony will depend on the facts of your case and your criminal record. The Atias Law Firm may be able to show that your Felony Lewd Acts with a Minor charge should be reduced to a Misdemeanor Lewd Acts with a Minor charge. The Atias Law Firm, a criminal defense law firm in Orange County aggressively challenges the facts of the case. We may be able to get an Investigator to obtain contradictory statements from witnesses. If we can convince the court that the witnesses are not credible, your Lewd Acts with a Minor charges may be reduced and you could avoid jail or prison.

Will I Go To Jail?

Possibilities & Penalties For Lewd Acts with a Minor Charge in Orange County

Lewd Acts with a Minor is almost always a felony, meaning that it is punishable by time in jail and substantial fines. A person cannot receive probation as punishment for Lewd Acts with a Minor. Lewd Acts with a Minor may result in a sentence ranging from three to ten years in state prison and include fines up to $10,000.00. However, if the minor was 14 or 15 at the time of the offense and you were ten years older than the minor, you can be charged with just a misdemeanor which carries a sentence of up to one year in county jail compared to be charged with a felony which carries a sentence of up to three years in state prison. In addition to the sentence, a person convicted of Lewd Acts with a Minor must register as a sex offender. Registration as a sex offender is amongst the most devastating penalties one can face because it is a stigma that will last for an entire lifetime. It requires registration with local law enforcement and your information will be posted publicly on a designated website. Given the harsh penalties associated with a Lewd Acts with a Minor conviction, it is critical that you contact the experienced lawyers at the Atias Law Firm to discuss the specific circumstances related to your case.

Lewd Acts with a Minor Defenses in Orange County

The Criminal Defense Lawyers at the Atias Law Firm know the defenses that may help get your Lewd Acts with a Minor charge dismissed. There are a number of defenses to Lewd Acts with a Minor in Orange County, however the applicability of those defenses depends on the facts of your case. For example, as you can see above, the Prosecutor has a lot to prove. We will work hard to show that any number of the requirements of the law aren’t met. For instance, we will work hard to show that the victim is lying or confused and that you did not touch the alleged victim or ask the alleged victim to touch you. Another common defense is that the touching was accidental. Other common defenses include that you didn’t use force or fear to commit the act, you did not intend you to commit the act upon the minor or that you did not touch the minor with the specific intent to arouse yourself or the minor.

How Can Lewd Acts With A Minor Charge Be Reduced?

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor. The criminal defense lawyers at The Atias Law Firm will help you get your Lewd Acts with a Minor charge reduced to a lesser charge, perhaps even dismissed. Specifically, The Atias Law Firm will work with you and attempt to mitigate, potentially getting your Lewd Acts with a Minor charge and the Lewd Acts with a Minor penalties reduced to lesser penalties.

What Should I do about an Lewd Acts With A Minor charge in Orange County?

Contact The Atias Law Firm today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.