Child Molestation Attorney in Simi Valley

PC 288 Charge Variants & Penalties in California

Not all PC 288 charges carry the same exposure. The specific subdivision charged, the alleged victim’s age, and whether force or duress is alleged each affect the sentencing range and whether probation is even possible. Here is what California law provides for each primary variant.

• PC 288(a) — Base Offense: Lewd acts on a child under 14, charged as a felony carrying 3, 6, or 8 years in state prison.
• PC 288(b)(1) — Force or Duress: Lewd acts accomplished by force, violence, duress, menace, or fear carry 5, 8, or 10 years in state prison. Probation is rarely available under this subdivision, and a conviction counts as a strike under California’s Three Strikes Law.
• PC 288(c)(1) — Child Aged 14 or 15: Applies when the defendant is at least 10 years older than the alleged victim. A wobbler offense, meaning the prosecution can file it as either a felony (1, 2, or 3 years in state prison) or a misdemeanor (up to one year in county jail), depending on the facts and charging decision.
• PC 288.5 — Continuous Sexual Abuse: Three or more acts of substantial sexual conduct over at least three months with a child under 14 carries 6, 12, or 16 years in state prison. The prosecution can’t charge both PC 288 and PC 288.5 for the same conduct during the same time period with the same victim.

In addition to prison, a conviction can carry a court-imposed fine of up to $10,000. All PC 288 convictions require registration as a sex offender under PC 290. Under California’s tiered registration system, the required period depends on the subdivision and circumstances of conviction. A felony PC 288(a) conviction typically results in at least a 20-year registration requirement (Tier 2), while convictions involving force under PC 288(b)(1), multiple convictions, or other aggravating factors generally require lifetime registration (Tier 3).

Defense Strategies in California PC 288 Cases

Every case turns on its own facts, but certain defense approaches recur in PC 288 prosecutions because of how the statute is written and how these cases are typically investigated. We evaluate each of the following based on what the evidence actually shows.

Lack of Sexual Intent

Because the prosecution must prove the touching was done with the intent to arouse or gratify sexual desire, accidental contact or touching for a legitimate caregiving purpose doesn’t satisfy the statutory definition. When the facts support this argument, challenging the intent element directly can be important.

False Allegations

Accusations sometimes arise in custody disputes, family conflict, or other relationships where a party has a motive to fabricate or exaggerate. These situations require careful investigation to surface the circumstances surrounding how the accusation originated.

Mistaken Identity

A child may have experienced harm but be unable to correctly identify the responsible person, particularly when the child is young or the alleged events occurred over time. Perpetrator misidentification is a recognized issue in these cases.

Constitutional Violations

PC 288 investigations frequently involve extended interrogations and warrant-based searches. Miranda violations, coerced statements, or evidence gathered through an unlawful search can be challenged and potentially excluded under Penal Code 1538.5.

Forensic Interview Challenges

Child forensic interviews are often the primary source of evidence in these prosecutions. Suggestive questioning, leading questions, or improper interview techniques can undermine the reliability of a child’s statement. Expert witnesses may be used to address suggestibility, false memory, or problems with the physical and forensic evidence the prosecution presents.

How Child Molestation Cases Move Through Ventura County Courts

Criminal cases arising in Simi Valley are filed in the Ventura County Superior Court system. The East County Courthouse in Simi Valley handles local criminal proceedings, including arraignments, preliminary hearings, and trials for defendants charged in this area. Because Sua Law Group maintains offices in both Simi Valley and Ventura, our attorneys appear in this courthouse regularly.

The Ventura County District Attorney’s Office handles prosecution of PC 288 charges, and its record reflects active pursuit of these cases across a wide range of circumstances. California law also requires peace officers, prosecutors, and courts to consider the needs of the alleged child victim at every stage of the proceedings under PC 288(d), which can affect how the case proceeds and what accommodations are requested on the prosecution’s side. Understanding these procedural dynamics from the outset is part of building a sound defense strategy.