If you are facing an allegation of violating California penal code section 288(a) 288(b) or 288.5, for child molestation or child annoying in violation of penal code section 647.6, call our office immediately.
Your ability to get a successful outcome is jeopardized if you simply do nothing. We have the experience to help you now. Call our office now to
get a free consultation regarding any accused sex crime. Call us at (626) 975-2080.
Being
falsely accused of a felony sex crime carries harsh consequences if
convicted. Penalties include a lengthy state prison commitment up to
life in state prison. In addition, these offenses require a life time
of registration as a sex offender. Do you really need the headaches of people protesting in front of your house wherever you live? Our winning track record shows that we provide effective legal representation against these Penal Code 288 and Penal Code 647.6 allegations.
Know Your
Rights
California Penal Code section 288 (a), is punishable up to eight years in state prison for each felony count for for lewd
or lascivious acts with a minor who is under the age of 14 years of
age. Each sex act is a separate felony charge. Therefore, a person could be charged with numerous felony counts for conduct occuring on the same day.
If the allegation
against a family member, it is often alleged that this has occurred
over a period of time. It is not uncommon that prosecutors file 15 to
20 felony counts for conduct arising out of only a few alleged incidents.
Bail is generally set at $100,000. per alleged felony count of Penal Code 288 (a) according to the
standard bail schedule. An allegation of violating Penal Code section 288.7 carries a presumptive bail of $250,000. Any allegation of sexual penetration carries a presumptive bail of $100,000. A defendant facing multiple counts could easily
be required to post bail in the amount of $1,000,000.00 or more.
Whenever,
a client is accused of participating in three or more acts of child
molestation with the same child over a period of time not less than
three months, that client is now exposed to greater punishment. Pursuant
to California Penal Code section 288.5, the accused is now facing incarceration in state prison up to 16 years for each alleged violation of penal code section 288.5.
Certain Sex Charges carry punishment of life in prisonment.
The client is looking at 25 years to life under Penal Code Section 667.61 subdivision (a), if the client has a prior conviction for a violation of penal code section 264.1, 288(b), 289(a) or 288(a) unless the defendant qualifies for probation under subdivision (c) of Section 1203.066.
In addition under California Penal Code section 288.7, any person 18 years of age or older who engages in
sexual intercourse or sodomy with a child who is 10 years of age or
younger is guilty of a felony and shall be punished by imprisonment
in the state prison for a term of 25 years to life.
Also under California Penal Code section 288.7, any person 18 years of age or older who engages in oral
copulation or sexual penetration, as defined in Section 289, with a
child who is 10 years of age or younger is guilty of a felony and
shall be punished by imprisonment in the state prison for a term of
15 years to life.
The client is looking at 25 to life is two or more circumstances involving items listed under subdivision (e).
The client is looking at 15 years to life pursuant to Penal Code section 667.61 subdivision (e) if any one of the following are present (1) Kidnapping was involved, (2) It occurred during the commission of a burglary (3) great bodiliy injury was inflicted, (4) personal use of a dangerous or deadly weapon or firearm, (5) There are multiple victims (6) Engaging in tying or binding of the victim or another person, (7) A controlled substance was administered by force, violence or fear.
Offenses that require
mandatory registration as a sex offender
Under California
Penal Code section 290, life time registration as a sex offender is
required for the following: child molestation, rape, sodomy, lewd or
lascivious acts, oral copulation, sexual battery, indecent exposure,
annoying or molesting child under 18. Those convicted are required to
register with the chief of police of the city he or she is residing
on an annual basis. Any person convicted of a felony or juvenile adjudication
who willfully fails to register is guilty of a felony and shall serve
punishment by imprisonment in the state prison for 16 months, or two
or three years. However, because the underlying prior felony sex offense
is often a “strike’ this punishment is often enhanced to
either double the base term or 25 years to life if the person has two
or more prior strikes.
Many
sex offenses are strikes
Under the
three strikes law passed in California, many felony sex offenses are
listed as strikes and carry severe consequences.
Child
suggestibility
Police have
been trained to engage in manipulative interviewing techniques to get
statements they want to hear to build a case against you. When interviewing minors, it has been shown that
repetitive and suggestive interviewing techniques will allow the police
to get a statement they want to hear. Unfortunately these interviewing
techniques will not get reliable and trustworthy statements. Studies
have been shown that children can be influenced to say things that did
not occur. This can be done just in the manner a child is questioned.
Forensic
medical doctors & psychologists
We have some
of the most reputable forensic medical consultants and psychologists.
Our medical doctors review medical
records to help determine whether the medical records are consistent
with the accusers claims. They have graduated from some of the top medical
schools in the nation and qualify as experts in the California Superior
Courts. By looking at the medical records, we can determine whether
there is any corroboration to the claims made against the client.
Our psychologists have also qualified as expert witness in courts. They are very familiar with the isues invovling child suggestability. In addition, these experts have solid credentials having trained police detectives in areas involving child molestation.
What the District Attorney must prove to get a conviction of a charge of Penal Code section 288 (a).
Every person who willfully commits any lewd or lascivious act upon or with the body , or any part or member thereof, of a child under the age of 14 years, with the specific intent of arousing, appealing to or gratifying the lust or passions or sexual desires of theat person or the child, is guility of the crime of commiting a lewd or lasciviious act upon the body of a child in violation of penal code section 288, subdivision (a).
A "lewd or lascivious act" is defined as any touching of the body of a child under the age of 14 years with the specific intent to arouse, appeal to, or gratify the sexual desires of either party. To constitue a lewd or lascivious act, it is not necessary that the bare skin be touched. The touching may be through the clothing of the child.
The law does not require as an essential element of the crime that the lust, passions, or sexual desires of either of such persons be actually aroused, appealed to or gratified.
What is not a defense to a charge of penal code section 288 (a)
It is no defense to this charge that a child under the age of 14 years may have consented to the alleged lewd or lascivious act.
A resonable mistake as to age is not a defense to a charge of child molestation.
Motive
to falsely accuse the client
Mere impeachment of a child witness is generally not enough to get an acquittal. Many jurors often feel sympathetic toward a child witness. That is why we have investigators to look into the issue of motive. Is there a financial motive? Is this a bitter divorce with custody issues? Is the witness a compulsive liar or one that constantly needs to be the center of attention? Has the witnessed been coached to say certain allegations?
Penal Code 288 (a) Court
Victories (partial list)
DISMISSED
Child Molestation, California Penal Code 288(a) case dismissal
Client a 50 year old man from El Monte, California was falsely accused
of molesting his step daughter. He was facing 16 years in state prison
as well as registering as a sex offender for life. Our experienced sex
crimes attorneys convinced the investigating police detective and the
filing deputy district attorney that the accuser has a ‘history
of fabricating stories.’ We submitted some very compelling evidence
that destroyed the accusers credibility. We got the case thrown out.
DISMISSED
Child Molestation, California Penal Code 288(a) case dismissal
Client a 40 year old man from Downey, California was falsely accused
of molesting his step daughter. He was facing 24 years in state prison
as well as registering as a sex offender for life. We immediately intervened
and prepared an aggressive defense. Our experienced sex crimes attorneys
were able to get the case thrown out.
DISMISSED, Child Molestation, California Penal Code 288 a
Client was falsely accused of molesting a child under the age of 14 during a contentious child custody case. Client was falsely accused of digital penetration, oral copulation, sexual battery, and sexual intercouse. Our Sex Crimes Defense Attorney was able to provide evidence why these allegations were false. Attorney was able to get the entire case dismissed.
DISMISSED
Child Molestation, California Penal Code 288
Client a high school teacher in the Long Beach Unified School District
was falsely accused of molesting several high school students. Prosecutors
filed 17 felony counts of child molestation. The case went to jury trial
and all 17 felony counts of child molestation were dismissed at jury
trial.
DISMISSED
Child Molestation, California Penal Code 288
Client was accused of child molestation and was facing 11 felony counts.
All 11 felony child molestation charges were dismissed at jury trial.
DISMISSED
Rape, Sodomy & Oral Copulation
Client a college student was falsely accused of raping, sodomizing and
oral copulating a woman he went out with. He was facing 35 years in
state prison. Prior to trial, we won a series motion in limine rulings
including getting the clients coerced confession thrown out. The case was heard by a former United States Federal District Court Judge. We were
able to show that the accuser had an ulterior motive with a history
of violence and lies. The case went to jury trial. On the third day
of jury trial, all sex charges were dismissed. Client served zero days
in jail.
DISMISSED
Sodomy by force
Client was charged with allegedly sexually assaulting the complaining party. The client was alleged to have made the victim dress up in a womans night gown then allegedly sodomized him repeatedly.
Unfortunately these allegations were false. An innocent person was arrested, charged, and incarcerated but not for long thanks to the hard work of his attorney.
We subpoenaed the victims medical records from Harbor UCLA Medical and found that the alleged victim
suffered from “sexual delusions,” and had delusions of participating
in sexual orgies. The complaining party also had sexual fetishes about dressing up in womens clothing and had a history of crawling under desks to stare up a woman's dress.
After presenting this damning evidence
against the prosecutions star witness, all charges were dismissed and
the client was given his freedom after having wrongfully served 11 days
in custody.
DISMISSED Penal Code Section 288 (a)
Attempted Child Molestation, California Penal Code Section 288(a) Client was charged with attempted child molestation and he had a prior criminal conviction for child molestation.
Client allegedy exposed himself and asked the complaining witness to lick his private part. Case went to trial and the attorney was able to get client acquitted of all charges.
DISMISSED Penal Code Section 288.7, 288 (a), 288.3(a), etc.
Client was falsely accused of violating California Penal Code Section 288.3(a), alleging contact with minor for sexual offense with the intent to commit an offense specified in Penal Code section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4, and 311.11 and one count of child molesting pursuant to California Penal Code section 647.6(a)(1).
Our Attorney was able assemble a first rate defense and was able to get the entire case dismissed with prejudice, meaning the DA would never be able to refile the case.
DISMISSED Penal Code Section 288 (a)
Client was arrested for allegedly molesting his daughter. There was an allegation that he had fondled her breasts. Attorney was able to get all charges dropped.
DISMISSED Penal Code Section 288 (a)
Child Molestation, California Penal Code 288(a). Client was charged with several counts of lewds acts for sexual intercourse with a 13 year old minor.
The Client, an adult, allegedly had sexual intercourse with her on 7 to 8 occassions. These kind of allegations often lead to 20 year prison offers.
Mr. Kita was able to get all Child Molestation charges dismissed and worked out a plea for probation to a charge that did not require state prison nor registration as a sex offender.
DISMISSED Penal Code Sections 288.7, 288(a), 664/288(a).
Child Molestation, California Penal Code section 288.7, 288(a), 664/288. Client was charged with four felony counts including one count that carried the possibility of life in prison under penal code section 288.7. Mr. Kita was successful in getting the entire case dismissed with prejudice, meaning the DA would not be able to refile the case again.
DISMISSED Penal Code Sections 288 (b)(1), 289(h).
Client was charged with four felony sex charges. He was charged with oral copulation of a person under 18, sexual penetration with a foreign object and for having unlawful sexual intercourse with a minor. Client was facing prison time on this case. The Probation department recommended that client serve time in jail. Attorney was able to resolve the case for no jail and for a charge that did not require any registration as a sex offender.
DROPPED, Federal Sex Crimes Case, United States Attorneys Office, U.S. Department of Homeland Security and Immigration & Customs, Possession of and Downloading of child pornography
More than 12 Federal agents raided clients house and arrested client for allegedly possessing child porn and downloading child porn from the internet. After one year of the federal investigation involving the U.S. Department of Homeland Security and Immigration & Customs Enforcement and the United States Attorneys Office, the case was resolved with no federal indictement issued. Attorney was able to get all property returned to client.
LIFE ALLEGATION DISMISSED
Client was charged with molesting multitple victims triggering a life in prison case. Attorneys zealous representation resulted in a three year prison plea bargain avoiding a life in prison sentence.
Case Dropped Penal Code Section 261.5, 288
Client a high school teacher with the Los Angeles Unified School District was falsely accused of having a sexual relationship and sexual intercourse with a teenage daughter of his fiance. The school teacher hired our office and we immediately intervened and conducted a thorough investigation and defense. We had interviewed numerous witnesses, including the exhusband, relatives, school officials and presented our witness statements to the assigned sex crimes detective. We showed that the student had a history of dishonesty and a motive to lie. After numerous trips to the Police Department to show our defense evidence, we were able to save the client from getting charged with any crime.
Penal Code 288(a) conduct resolved for one misdemeanor count.
Client arrested for alleged violation of penal code section 288 (a). Police recommended bail in the amount of $1,000,000. He was facing 9 years in state prison. Case was resolved for one misdemeanor charge with probation.
Case Dropped Penal Code Section 647.6
Client a prominent teacher and varsity football coach with the Los Angeles Unified School District was falsely accused of child annoying and molesting a minor under the age of 18 years of age. The alleged victim falsely claimed that client was flirting with her and wanted to pick up on her. The complaining party also made false allegations that our client made threats of bodily injury to her. She had a motive to lie. She was embarrased by the teacher when the teacher advised the entire class students could not sell food or drinks on school campus. After meeting with a representative of the prosecutors office with the client, the case was dropped.
Case Dropped Penal Code Section 647.6
Client a high school teacher with the Los Angeles Unified School District was falsely accused of child annoying/ molesting a child for alleging send flirtatious test messages to a student. Attorney immediately made contact with the investigating police agency and ultimately the entire case was dropped.
DISMISSED Penal Code Section 647.6
Child Annoying and Molesting a minor under the age of 18 years of age. Client 58 years of age was accused of violating California penal code section 647.6 for annoying and molesting a 15 year old minor.
The two reportedly met on Myspace when the minor misrepresented himself to be 22 years of age and the evidence that the DA presented was that client kissed the minor on his hands and cheek and touched his legs.
If convicted, the client would have been required to register as a sex offender and serve up to one year in the County Jail. Mr.Kita was able to keep his client from going to jail and he was also able get the charge dismissed and worked out a plea that did not require registration as a sex offender. Client stated he was extremely gratefuly to the representation by Mr. Kita. He stated, "I had full confidence in your ability. I am very grateful."
DISMISSED Penal Code Section 647.6
Client a 30 year old man was arrested for allegedly having a relationship with a minor and was charged with violating California Penal Code section 647.6 for child annoying and molesting a minor. Attorney was able to get the charge dismissed and worked out a plea agreement that did not involve any jail, nor any requirement to register.
DISMISSED Penal Code section 243 Sexual Battery
Client a 24 year old man was arrested for allegedly having a sexual relationship with a minor. The offer was jail time and register as a sex offender. Attorney was able to get the case dismissed at trial.
DISMISSED Penal Code Section 243 Sexual Battery
Sexual Battery
Client was accused of getting drunk in at an Orange County night club.
He reportedly grabbed the cheeks of a womans buttocks then followed
her out the club where he reportedly grabbed both of her breasts and
squeezed them.
Client was looking at registering as a sex offender.
We were able to get the sexual battery charge dismissed and saved the client from having to register as a sex offender.
DISMISSED Penal Code Section 243 Sexual Battery
Sexual Battery
Client was driving his vehicle when he observed a woman on the street.
The woman reportedly gave him the bird (middle finger). The upset client was accused of getting
out of his car, confronting the woman, biting her on the cheek, kissing
her on the lips, then grabbed her breasts. Client was looking at registering
as a sex offender. We were able to get that sex charge dismissed and worked out a resolution that did not require any registration as a sex offender.
DISMISSED Penal Code Section 243 Sexual Battery
Client was accused of touching a female woman by her inner thigh near her crotch area as she was seated on a bench. Attorney was able to get the charged dismissed and a diversion plea to a nonsex offense that will be dismissed in a year. Result, no jail and no registration as a sex offender.
Indecent Exposure Penal Code Section 314
Client was arrested for a third allegation of indecent exposure. Arcadia Police requested bail deviation for $1,000,000.00 bail with the charge filed as a felony. He faced up to three years in state prison. Our sex crimes defense attorney worked out a plea that did not involve any jail.
NO
JAIL
2nd offense Solicitation of Prostitution
Client was accused of committing his second offense for soliciting prostitution.
The penalty carried a mandatory minimum of 45 days in jail. Our experienced sex crimes defense attorneys worked out a disposition to avoid any
jail time.
NO
JAIL
Child Molestation, California Penal Code 288(a)
Client was a 78 year old man, who was accused of molesting his grand
child. The District Attorney wanted state prison on the case. He was
facing 16 years in state prison. We were able to convince the judge
to sentence the client to one year of house arrest.
How to choose the Best Sex Crimes Defense Attorneys when you are facing a violation a penal code sections 288 and 647.6
Don't choose a lawyer based on watching some fancy video on a website. Anybody willing to spend a lot of money can get a fancy website. You could end up with a lawyer with no experience. Don't get caught up with the appearance of a flashy expensive website with a smooth talking person on a web video.
Don't choose a law firm that is going to merely farm out the case to someone else. You need to know who is going to handle the case. Is the case being farmed out to some contract attorney or some associate?
The best way to choose a sex crimes defense attorney is based on his or her track record. What kind of cases have they won? Do they list their track record on their website? When is the last time they handled a serious sex crimes case and what was the result?
Experience matters. Few criminal defense lawyers have the necessary experience to handle these type of cases.
Our experience gives our clients the best legal defense possible. You don't need a lawyer with a fancy website. Ask yourself is a fancy website with fancy videos going to keep you out of jail? No. A lawyer with little to no experience can build a fancy website. What you need is a lawyer with a winning track record defending Penal Code 288 cases. We are that firm.
What
Can I Do? Call our office now! (866) 548-2529
If you or a loved one is accused of violating California Penal Code Section 288(a) for child molestation, the first
thing to do is to consult with an experienced sex crimes attorney at our law firm.
We
has successfully represented hundreds of clients accused of committing
various sex crimes. Not only have we won a significant amount of high
profile sex cases, but we have also been successful in persuading courts
to consider jail alternatives for those who need help.
Good results don't happen by luck. Good results are all about getting an experienced Sex Crimes Defense Lawyer with a proven track record. Call us right now. Your freedom depends on it.
We
offer a free consultation that is private and confidential. Call us right now for a free consultation. We can help you today. (626) 859-2295 or at (866) 548-2529.
