Child Molestation (PC 288)
What is it? A Violation of Section 288 of the CA Penal Code (CA PC288)
Any touching of a minor under the age of 14 with sexual and lewd intent.
Many cases involve false charges. Children are often influenced to make things up. Kids are influenced by vindictive ex-spouses or by jealous ex-girlfriends. Sometimes kids simply wanting to get attention. If you ever get a hint that you are being accused of this call us- some quick, expert investigation can save the situation. We employ lie detector experts that are persuasive in getting these charges dropped. Some cases involve childhood experimentation where both victim and perpetrator are under the age of 13.
“If we get involved early, often this type of case can be kept out of court. Some cases involve a step-parent or a grandfather who has no previous record but needs psychological help. We use the most respected experts for psychological evaluations to get these cases dropped.”
– Annie Beles, Partner
Recently over the last 3-4 years the penalties have gone off the charts if there is any lewd contact with a child aged 10 or under, we are talking life imprisonment. 15 to life for only touching. 25 to life sex or penetration. See Section 288.7 of the Penal Code.
Statute of LimitationsOften child molestation charges come out of the distant past. Somebody is having trouble in life and out of the blue allegedly remembers that they were molested 15-20 years ago. The statute of limitations has changed to allow very old sex abuse charges to be resurrected if certain conditions are met. Call us immediately if some charge of sexual misconduct surfaces. Don’t take it lightly because they say it happened 15 years ago. Call us immediately.
TherapyDon’t make admissions to therapists about any sexual activity before consulting an attorney. Call our sex case appellate lawyers. We will explain to you that the therapist may be required to notify the police. Many well-meaning people are told by well-meaning family members to just go to therapy only to find the police knocking on their door. Call us first. Avoid grief, avoid jail, avoid registration, and avoid disgrace.
Pretext CallsIf you get a call from someone out of the past that wants you to apologize for what you supposedly did years ago, call us. Don’t apologize or talk to the caller. You could be being set up by someone calling from the police station trying to get you to say something that the police could use to support an old charge. Many people faced with such a call give general apologies even though they don’t know what the person is talking about. Call us. We’ll help.
Minors Ages 14 to 17Minors ages 14 to 17 as victims present unique problems. Frequently the sex activity is consensual. This is still, of course, a crime (especially if the perpetrator is more than three years older) but should not make a person a sex-offender registrant.
The danger of these cases is that being in the wrong court with the wrong lawyer can result in unjust sex registration. We are the right lawyers. We can help.
Internet Posting of Photos, Names, and AddressesRecent laws will put your photo, address, and crime on the Internet for all to see. Under the guise of protecting the public, zealous lawmakers have made sex offenders the subjects of modern day witch hunts. The posting has no logic to it. Pedophiliac sexual predators are lumped together with one-time teen molesters. The public doesn’t know and the lawmakers don’t care. It’s good politics to throw stones at all sexual offenders. Call my law offices. We fight these witch hunts with all legal ways at our disposal. Don’t wait for some nut to throw a brick through your window. We work hard to help protect you and your family.
Registration as Sex Offender
Lifetime registration as a sex offender can ruin a person’s life. Under California Penal Code 290, an individual convicted of most sex crimes is required to register with the local police on their birthday every year for the rest of their life and every time they move to a new city.
However, depending on the specifics of your case, a post-conviction remedy may be available to overturn a court order to register as a sex offender. In some instances, a person may have been misinformed of important facts at the time of their plea; in other cases, a certificate of rehabilitation or a motion to vacate a plea can remove the requirement of sex offender registration.
If you have been convicted of a sex crime, our attorneys can evaluate the circumstances surrounding your case and discuss the options available to you for avoiding registration as a sex offender. In other cases, circumstances surrounding your conviction may be grounds for an appeal.
With most crimes, even murder, if you do your time, get paroled, and complete parole, you are not punished for the rest of your life. This is not true with sex offenders. You can be paying for the rest of your life for even a sexual battery. Call my law offices. We work hard to help you avoid this terrible consequence of registration as a sex offender.