San Bernardino Child Molestation Defense Attorneys

Defending Californians who have been accused of child molestation in San Bernardino.

Have you been charged with child molestation in San Bernardino? Child molestation crimes are treated very seriously in the state of California. A conviction can result in a state prison sentence, significant fines and registering as a sex offender. Being registered as a sex offender can negatively impact your life for the long term, making it difficult to establish new relationships or find a career.

If you have been accused of child molestation, contact the XXX. We have the best child molestion defense attorneys in San Bernardino that can fight for your rights and protect your future.

What is Child Molestation?

Child molestation is a crime under Penal Code 288(a) and is a considered a “lewd and lascivious act.” A lewd or lascivious act is when someone touches the body in a sexual manner. It’s important to understand what this means, as you do not have to touch a sexual organ or touch the bare skin for the touch to be considered sexual. If you run your hand on a child’s leg to be sexually aroused, this is considered molestation.

While Penal Code 288(a) is meant to protect children from lewd and lascivious acts, it unfortunately can hurt innocent people. An accidental touch, for example, can be perceived as a sexual touch, when really, it did not have that intention.

To be found guilty of child molestation, the prosecutor must be prove that you:

• Touched a child for sexual purposes, or;
• Caused a child to touch themselves or someone else for sexual purposes

Technically, PC 288(a) applies when the victim is under age 16. However, because most charges under this section involve children under age 14, this crime is often referred to as “lewd acts with a child under 14” or “lewd acts on a minor under 14.”

Challenges in Child Molestation Cases

One of the most difficult parts of San Bernardino child molestation cases is that it is typically one story against another. The jury must decide if the child victim or the defendant is telling the truth. Historically, juries have taken the sides of child victims because they are perceived as vulnerable and innocent. Unfortunately, a child who misconceived a situation could put an innocent person in jail.

The most effective San Bernardino child molestation defense attorneys know how to approach these sensitive cases. At the XXX, our attorneys ensure that our client’s constitutional rights are not overrun by a child witness without attacking a child.

Some of the ways that our San Bernardino child molestation lawyers handle these cases is by:

• Pointing out inconsistencies in the child victim’s testimony
• Having witnesses testify to rebut the child’s testimony
• Challenging inappropriate interviewing techniques used by law enforcement

Our criminal defense attorneys are effective in highlighting inaccuracies during the trial and during opening and closing statements. We are careful not to attack the child victim and not to be off-putting to the jury. This is why it’s important to hire experienced child molestation defense lawyers who are comfortable and knowledgeable in fighting these cases, as many of them come down to he said/she said arguments.

Legal Defenses for Child Molestation Cases

After reviewing your case, our child molestation attorneys in San Bernardino will determine the best legal defense. Some of the most common legal defenses include:

• You had consent to touch the victim or reasonably believed that you had consent
• There is insufficient evidence that sexual assault occurred
• The allegations against you are false
• Contact did occur but was accidental and not intended for sexual purposes
• The accuser is lying or has mistaken you for someone else

What are the Penalties for Child Molestation in San Bernardino

If you are found guilty of child molestation, the penalties are based on a combination of factors, such as the age of the child, whether violence was used and if there was a pattern of lewd acts. For example, if force was used, you could be found guilty under Penal Code 288(b). If bodily harm was inflicted during the molestation, you could be found guilty under Penal Code 288(i) and sentenced to life in prison.

Here is a breakdown of the penalties under PC 288.

Registering as a Sex Offender in San Bernardino

Being registered as a sex offender is often one of the most difficult parts of being convicted with child molestation. One unfortunate circumstance can impact the rest of your life. Currently, any conviction under this section requires registration as a sex offender. However, this will be changing.

Beginning in January 2021, sex offenders will be divided into three tiers based on the severity of their act.

• Tier 1. Sex offenders in this Tier will need to be registered as a sex offender for a minimum of 10 years. These individuals will generally be first-time offenders.
• Tier 2. Sex offenders in this Tier will need to be registered as a sex offender for a minimum of 20 years.
• Tier 3. Sex offenders in this Tier will need to be registered as a sex offender for life. Lifetime registration will generally include any individual that is found guilty of PC 288(i) and a second or subsequent conviction under PC 288(a).

Schedule a Consultation with Our San Bernardino Child Molestation Defense Attorneys

If you have been accused of child molestation, it’s imperative that you act quickly. This does not show that you are guilty. Rather, it shows that you are prepared to fight for your rights and protect your freedom. Child molestation convictions are serious and have long-lasting consequences that include jail time, fines and registering as a sex offender. The XXX are happy to meet with you, review your case and determine the best way to approach it.

Contact our affordable child molestation defense lawyers in San Bernardino for your free consultation.