Lewd Act With A Minor

Penalties for those convicted of molestation continue to increase in California. Depending on the facts of the case and how the prosecution charges the accused, it may be a "1 strike " case where the accused can spend the rest of his life behind bars if convicted. With such high stakes, it is imperative that the accused retain effective legal counsel at the earliest possible stage of the case, preferably even before charges have been filed.

A lewd act with a minor is defined as: Any person who willfully and lewdly commits any lewd or lascivious act upon or with the body of a person who is under 14 years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child.

Consequences for the conviction of Lewd Act with a minor may include:

• Imprisonment
• Sex Offender Registration for life
• Loss of the right to own a firearm
• Loss of the right to vote
• Mandatory AIDS testing
• Probation or Parole
• Rehabilitation programs
• Loss of custody and/or prohibition from being alone with minors
• Monetary fines
• Other

The likelihood of any of the above factors depends on the following factors:

• Prior similar convictions
• Number of incidents alleged by the prosecution
• Any other prior convictions
• Whether the defendant is currently on probation or parole
• Type of evidence the prosecution has obtained (such as sex kit examination, confession, etc.)
• Mitigating or aggravating circumstances
• Credibility of witnesses
• Other

Defenses to Molestation may potentially include:

• Insufficient evidence
• Factual innocence / mistaken identity
• Credible alibi
• Other

How you can improve the outcome of your case!

• Exercise your right to remain silent. Don't say anything to anyone, especially law enforcement, without a criminal lawyer! People that talk because they "have nothing to hide" are usually doing the WRONG thing. Keep quiet.
• Retain a qualified attorney as soon as possible.
• Keep a diary of all significant dates, times, events and potential witnesses (for your attorney only, not to be shown to anyone else!).

How we improve your case or get it dismissed!!!

• We talk with the detective about the case and try to convince him not to forward it to the district attorney's office. (It's usually easier to get a case NOT FILED than dismissed!)
• We make sure you don't make critical mistakes - by either talking with the detective without us or agreeing to something you don't understand.
• We talk with the prosecutor to minimize or eliminate the case.
• We prepare early, and identify defenses and strategies.
• We interview all witnesses.
• We reduce or eliminate bail requirements.
• When appropriate, we obtain an evaluation report from a court approved psychologist (to show counseling may be more suitable than jail).
• When appropriate, we negotiate jail alternatives.
• We develop appropriate motions to dismiss the case or suppress evidence.
• We always provide emotional support to loved ones and ensure that they are updated as to the status of the case.

In today's world, it is more important than ever to obtain an effective and qualified attorney if you have been accused of lewd conduct with a child. If you have any further questions or would like a FREE CONSULTATION, you can contact us either by e-mail or phoning us toll free at (800) 458-1488.

Contact Mr. Lewin Today To Start Protecting Your Rights!

1-800-458-1488