Lewd acts on Minor

Ventura Sexual Crimes Defense Attorney: Lewd Acts with a Minor

Have you been charged with a lewd act on a minor? This is a very serious crime in California. To protect your freedom, you need an experienced Ventura lewd acts on a minor child attorney. You are in good hands with the Law Offices of David S. Chesley. We will protect your rights, determine the best legal defense and fight aggressively for the best outcome.

Sex crimes are some of the most devastating criminal charges in California, a sex crime conviction could ruin your life. Sexual crimes in California carry very lengthy prison sentences as well as costly fines if convicted, but also you may have to register as a sex offender. Those who are registered sex offenders often have a hard time moving on from their crimes. With your freedom at stake, it’s imperative that you choose a team of experienced Ventura sex crimes defense attorneys that will protect your best interests.

What is a Lewd Act on a Minor?

A lewd act with a minor is a type of sex crime that falls under California Penal Code 288. To be convicted of this charge, a prosecutor must prove the following:

• You deliberately touched any part of a child’s body
• You deliberately let a child touch your body, another person’s body or their body
• These touches were done for the intent of sexual arousal

 

To protect those who accidentally touched a child from being charged with lewd acts on a minor, Penal Code 288 states that you must have “deliberately” or “willfully” touched a child. This does not mean that you necessarily intended to break the law, but it does mean that you did something on purpose for the intent of gratifying yourself or the minor. The touching could have occurred anywhere on the body, either on bare skin or through clothing.

Why is the Law So Vague?

You may notice that this law is vague – it’s intended to be so. If you touched a child for sexual arousal, it does not matter where the child was touched. The child could be dressed from head to toe and a lewd act can still occur. You could also touch the child in areas other than the groin, such as the feet or legs, and this be considered a lewd act with a minor.

Additionally, the prosecutor does not have to prove that you were aroused, only that you intended to be aroused. This is a terrible act, but just because you are being accused of the crime does not mean that you are guilty of it. By working with the Law Offices of David S. Chesley, your best interests will be protected. Call us today to schedule your FREE consultation at 1-800-755-5174.

What is the Investigation Process Like?

If you are charged with a lewd act on a minor, an investigation will be done. To ensure that all investigations are conducted properly, you must hire an experienced  Ventura lewd acts on a minor defense attorney immediately. Otherwise, it’s possible that illegal investigative techniques, unfair trial procedures or abuse of judicial discretion can occur.

Here is what you can expect from a typical investigation process.

• Lewd act is reported. The victim reports the lewd act to an authoritative figure, such as a parent, grandparent, school counselor or teacher. The incident is reported to the police.

 

• Victim is interviewed. To get the full story, the police and/or a psychologist will interview the victim. All interviews are recorded for prosecution purposes. However, it’s common for stories to be confused or fabricated. The interviewer also plays a crucial role in this process, as a poor interviewer can get victims to say or agree to things that didn’t actually happen.

 

• Medical examination. To support the molestation charges, a medical examination is conducted. The purpose of the examination is to find physical evidence of a lewd act, such as your saliva, skin, hair or semen on the accuser. 

 

• Other victims. Police look for other crimes and victims in your past. Often, true pedophiles have more than one victim. If more victims are found, the prosecutor’s case becomes much stronger.

 

• Police interview. You will be contacted by the police and interrogated. As Ventura criminal defense lawyers, we urge you not to speak with anyone until you have an attorney working for you. The police are trained to point out inconsistencies in your story that can be used against you in court.

 

• Polygraph test. Even though this test can be questionable, it’s another tool used by prosecutors. If you pass the test, charges may not be filed against you. However, if you fail the test, the prosecutor will continue building their case.

As you can see, there are many steps to these cases, but there are also many ways that you can be found guilty. A small inconsistency in your story or a failed polygraph test can be detrimental to your case. To ensure that your rights are fully protected throughout the entire investigation, have the best Ventura criminal defense lawyers working for you.

Defending Lewd Acts of a Minor

When receiving your case, there are several steps our Ventura lewd acts on a minor attorneys will look for. First, we evaluate the credibility of the victim. Evidence that will be subpoenaed includes school records, emails, social networking accounts, text messages, etc. Our lawyers look for signs that the allegations are untrue. For example, sometimes accusers dislike a teacher or stepparent and want to see them in trouble.

Our criminal defense attorneys in Ventura will also interview those close to the accuser, such as teachers, friends and neighbors. The reason for this is so that we can understand if the accuser has a history of fabricating stories or telling lies for the purpose of getting someone into trouble.

Depending on the circumstances of the case, there are a number of legal defenses to take against a lewd act on a minor charge. These include:

• The touching was accidental
• There was no intent to be aroused
• The child’s credibility is questionable
• The child is mistaken on suspect’s identity

 

Why Choose Our Experienced Ventura Lewd Act on Minor Defense Lawyers

At the Law Offices of David S. Chesley, our lawyers have extensive experience in the courtroom. Many of our attorneys are former prosecutors, judges and police who worked for the state of California. They understand the laws and how to protect their clients, even from serious allegations like sex crimes on minors. In fact, many of our cases are dismissed or have reduced charges. We know that our clients are going through life-changing experiences, which is why we fight tooth and nail for the best results.

With over 50 years of courtroom experience, a successful track record and the ability to be skilled and aggressive, you can count on our criminal defense lawyers in Ventura to get the job done. Call us today at 1-800-755-5174. Our lines are open 24/7. All consultations are free and confidential.