Child Molestation Attorney in Simi Valley

PC 288 Charge Variants & Penalties in California

Sentencing exposure depends on the subdivision charged, the child’s age, and whether the prosecution alleges force or bodily harm. California Penal Code 288 provides different punishment ranges for several forms of the offense.

The principal PC 288 provisions include:

• PC 288(a), Base Offense: A lewd or lascivious act involving a child under 14 carries 3, 6, or 8 years in state prison.
• PC 288(b)(1), Force or Duress: Conduct accomplished by force, violence, duress, menace, or fear of immediate and unlawful bodily injury carries 5, 8, or 10 years in state prison.
• PC 288(c)(1), Child Aged 14 or 15: This provision applies when the accused is at least 10 years older than the child identified in the allegation. It carries 1, 2, or 3 years in state prison or up to 1 year in county jail.
• PC 288(i), Bodily Harm Allegation: Life imprisonment with the possibility of parole is authorized when personal infliction of bodily harm is specifically alleged and proved.

A conviction under Penal Code 288(a) or 288(b) can also include an additional fine of up to $10,000. Questions about sex offender registration require an analysis of the precise subdivision and circumstances, not assumptions based only on the name of the charge.

California Filing Deadlines for Child Molestation Charges

A statute of limitations is the legal deadline for commencing a prosecution. For qualifying felony offenses under Penal Code 288 involving a person who was under 18 when the offense allegedly occurred, Penal Code 801.1(a)(1) permits prosecution before that person’s 40th birthday.

That filing period applies to qualifying offenses committed on or after January 1, 2015. It can also apply when an earlier limitations period had not expired by that date. California law further permits prosecution at any time for specified sex offenses, including certain acts prohibited by Penal Code 288 and continuous sexual abuse allegations, when the statutory conditions are met.

The passage of years therefore doesn’t automatically prevent charges. Determining the applicable deadline requires examining the alleged dates, the child’s age at that time, the charged offense, and whether an earlier filing period had already expired.

Defense Strategies in California PC 288 Cases

Every defense depends on the evidence, the history of the accusation, and how investigators gathered statements or physical evidence. We review forensic interviews involving children and potential constitutional violations while assessing whether the prosecution can prove every element beyond a reasonable doubt.

Lack of Sexual Intent

The prosecution must prove that the alleged act was committed with the intent to arouse, appeal to, or gratify sexual desires. Accidental contact or touching for a legitimate caregiving purpose doesn’t satisfy that requirement. We examine the circumstances surrounding the allegation without treating the nature of the alleged contact as proof of intent by itself.

False Allegations

The origin and reliability of an accusation can affect how the evidence is evaluated. We examine when the allegation arose, how the account developed, whether material details changed, and whether custody disputes or family conflicts shaped the circumstances in which the accusation was made.

Mistaken Identity

Identification evidence requires close review when the alleged events occurred over time or the child was young. The defense must compare the identification with other statements, timelines, and available evidence without assuming the accusation establishes who committed the alleged act.

Constitutional Violations

We evaluate how investigators conducted questioning, obtained statements, and carried out searches. Coerced statements, violations of constitutional protections during custodial questioning, and unlawful searches can affect whether particular evidence is admissible in court.

Forensic Interview Challenges

Child forensic interviews can become a central source of evidence in a PC 288 prosecution. We review the questions asked, whether interviewers introduced facts, and whether repeated or leading questions affected the account. The sequence of interviews and differences between statements also matter when evaluating reliability.

How Child Molestation Cases Move Through Ventura County Courts

Criminal cases arising in Simi Valley proceed within the county court system. The East County Courthouse is a Ventura County Superior Court location in Simi Valley. We serve clients in both Simi Valley and Ventura, and our attorneys can appear there when a client’s case is placed on that court’s calendar.

A case can begin with an accusation and investigation before prosecutors decide whether to file charges. The location and sequence of later proceedings depend on the filing and court assignment. Understanding these procedural dynamics from the outset is part of building a sound defense strategy.

Why Consent or Mistake About Age Isn’t a PC 288 Defense

A child’s apparent willingness and an accused person’s mistaken belief about age don’t defeat the statutory elements of Penal Code 288(a). The provision applies to a lewd or lascivious act involving a child younger than 14 when the required sexual intent is present.

CALCRIM 1110 directs jurors to decide whether the alleged touching occurred, whether it was committed with the required sexual intent, and whether the child was under 14. Consent and mistake about age aren’t elements the prosecution must disprove. A defense must instead address the actual statutory elements and the reliability of the evidence offered to establish them.

Stages of a PC 288 Case in Ventura County

A PC 288 matter can start before an arrest or formal court filing. During the investigation, law enforcement can seek interviews, collect electronic or physical evidence, and arrange a child forensic interview. We can assess opportunities for early intervention while the filing decision is still pending.

If prosecutors file a felony charge, the first court proceedings include a criminal arraignment, where the accused is informed of the charges and enters a plea. Evidence review follows, and preliminary-hearing proceedings determine whether sufficient evidence exists to require the accused to stand trial. The path can also include negotiations or motions addressing contested evidence.

Trial preparation begins well before a trial date. We evaluate witness accounts, interview methods, constitutional concerns, and whether the evidence proves sexual intent. We then pursue negotiation or trial according to the facts and the client’s interests.