California Criminal Defense Lawyer Blog
A Laguna Hills man was recently arrested and is in custody on suspicion of lewd and lascivious acts against three children. An allegation of child molestation is probably the most serious of allegations in terms of the effect is has on a person’s future. An experienced Orange County child molestation defense attorney understands the seriousness of the allegations and also understands how actions or information can be misinterpreted. The Irvine Law Office of William Weinberg understands how social workers, hospital staff and school administrators sometimes act before thoroughly investigate and understanding the circumstances surrounding the information they have been given.
In this case, A 37 year old man, who is a bus driver in South Orange County, is being accused of having two children under the age of 14 and a 3 year old, in his apartment and committing lewd acts against them. Lewd acts with a child is described as the touching of a child on his/her body for sexual purposes. These cases often involve accusations that a child was touched or fondled, or that some other act of child molestation took place. A charge of molestation or lewd acts with a minor involves the touching the child anywhere on the body, even on the outside of clothing, if the touching is done “with the intent of arousing or gratifying the lust or sexual desires of the person or the child.”
To be convicted of this charge, it must be proven that the person willfully touched any part of a child’s body or caused the child to touch his/her own body, and that it was done so with the intent to arouse or gratify the lust, passion or sexual desires of the person or the child.
The potential prison sentence if convicted of Penal Code 288 PC/Lewd Acts with a Child, is three, six or eight years in state prison. Further, anyone convicted of this crime is required to, for the rest of their life, register as a sex offender, while living in California, working in California or attending school in California.
Unfortunately, false accusations of child sexual abuse occur more than people realize. If a child makes an allegation of some sort of Lewd and lascivious act, the police and prosecutors typically tend to begin building a case against the accused rather than looking closely at the situation, the child, and what may be going on in the life of both that may have lead to the accusation.
There are situations where children make false accusations. This is done for a number of reasons. One reason might be that there is a new stepparent in the picture and child is unhappy about it. Also, if there is a divorce or custody case pending, one parent may coerce the child into making false accusations or, convince the child that something inappropriate happened.
If you have been falsely accused of a sex crime against a child, or if you think you might be, it is critical that you contact a California Criminal Defense Attorney to protect you and your reputation.
If you would like to know more about child sexual abuse or molestation, contact Orange County Criminal Defense Attorney William M. Weinberg at his Irvine, CA office at 949-474-8008 or at www.williamweinberg.com.