Posts Tagged ‘ Lewd Conduct ’

WHAT IS LEWD AND LASCIVIOUS CONDUCT?

Posted on: May 13, 2015 by in Criminal Defense
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California Penal Code 288

Orange County criminal defense lawyerIn this state, “lewd and lascivious conduct” with a child is a serious crime, and if you are convicted, you’ll face serious penalties. Lewd and lascivious conduct is defined as touching, fondling, or groping a child with the intention or purpose of sexual gratification. If you are accused of lewd and lascivious conduct in Orange County under California Penal Code 288, take your case immediately to an experienced Orange County criminal defense lawyer.

In their zeal to protect children, prosecutors have sometimes charged innocent people with lewd and lascivious conduct. In some cases, a child is either lying or honestly mistaken. In other cases, a parent, counselor, or attorney has coached a child into making an allegation. The right defense lawyer will focus on the facts, learn and tell the court precisely what happened, and fight aggressively for justice on your behalf. To convict a defendant of lewd and lascivious conduct, the state must prove that:

  • You purposefully touched a child on the bare skin or through clothes; or that
  • You purposefully caused a child to touch his/her own body, your body, or someone else’s body, on the bare skin or through clothes; and
  • You acted with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of yourself or of the child; and
  • The child was under the age of 14 years old.

Defendants convicted of lewd and lascivious conduct can serve up to eight years in prison, and the conviction is a strike under the California Three Strikes Law. If the alleged victim was 14 or 15, and the suspect is ten or more years older than the child, a conviction could result in three-year prison term. If you are accused of lewd and lascivious conduct in Orange County, exercise your right to remain silent and contact an experienced Orange County criminal defense lawyer as quickly as possible.

BEING LEWD IS RUDE, CRUDE – AND CRIMINAL

Posted on: April 17, 2015 by in Criminal Defense
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California Penal Code 647(a)

Orange County criminal defense attorneyIf you are charged with lewd conduct in southern California now or in the future, arrange as soon as possible to speak with an experienced Orange County criminal defense attorney. Lewd conduct is defined in California law as touching or groping your own or someone else’s genitals, rear, or breasts – in public – with the intent of sexual gratification or offending someone who is watching or may be watching. Under California Penal Code 647(a) – lewd conduct occurs when the suspect knew – or should reasonably have known – that someone else was probably observing the behavior.

Lewd conduct is a misdemeanor in California, but that does not mean it isn’t serious; a conviction is punishable by fines, probation, community service, and/or jail time. However, a conviction does not require you to register as a sex offender. There are a number of reasons you could be accused of lewd conduct. Perhaps the person who saw the incident entirely misunderstood what he or she was witnessing. Maybe you’ve been misidentified, or perhaps someone just fabricated the entire story. For some suspects, mental illness will be the defense.

Of course, before anyone can be convicted of lewd conduct, the state must prove that person’s guilt beyond a reasonable doubt. A prosecutor must prove that touching happened in a location open to public view, that gratification or offense was the motive, and that you knew or should have known others would see the conduct. That’s a lot to prove. Whether you believe that you are guilty or innocent of lewd conduct, if you are charged with the crime in Orange County, obtain trustworthy legal help immediately. If you are accused of lewd conduct or an offense such as indecent exposure or public drunkenness, take your case at once to a skilled and experienced Orange County criminal defense attorney.

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