A San Jose Child Molestation Defense Attorney can tell you that out of all sex related charges, the sex crime of child molestation is one of the most serious. Because children are involved, The Santa Clara County District Attorney aggressively prosecutes these cases. Also, the possible sentences for this crime are serious. If convicted, someone can get multiple life sentences. These crimes can carry sentences heavier than most murder convictions.
You can also face the possible loss of custody of your child, as well as housing and employment problems.
And it does not stop there, if convicted, you must register as a sex offender. Some sex offenders must register for the rest of their lives.
The crime of child molestation can involve charges such as:
• Penal Code Section 288(a)– Lewd or Lascivious Acts with a Child Under the Age of 14
• Penal Code Section 288(b) – Lewd or Lascivious Acts with a Minor by Force or Fear
• Penal Code Section 288(c) – Lewd or Lascivious Acts with a Child Age 14 or 15
• Penal Code Section 647.6 – Annoying or Molesting a Child
• Penal Code Section 288a – Oral Copulation with a Minor
• Penal Code Section 288.4 – Soliciting a Minor for Lewd Purposes
• Penal Code Section 288.5 – Continuous Sexual Abuse of a Child
• Penal Code Section 288.7 – Sex with a Child Under the Age of 10
• Penal Code Section 290 – Sex Offender Registration
• Penal Code Section 243.4 – Sexual Battery: This can be prosecuted as either a felony or misdemeanor sex crime. This law is applied if the minor was 14 or 15 years old and less than 10 years younger than the individual charged.
• Penal Code Section 647.6 – Annoying or Molesting a Child: Any individual who annoys or molest a child under the age of 18 years old and was motivated by an unusual sexual interest in the minor, can be sentenced to up to 1 year in a county jail. This is also known as a “misdemeanor child molestation.”
Often the accused in a child molestation case is a family member, parent or close adult friend of the family who sees the child on a regular basis. The age of the child, the type of offense, and the number of occurrences may affect the charges involved.
A good San Jose Child Molestation Defense Lawyer is also aware that there are many instances of false accusations pertaining to child molestation charges. An angry spouse or emotionally troubled minor can make these types of allegations, for instance. In fact, some statistics show that many molestation accusations are false; however, this crime has one of the highest conviction rates of any felony charge.
Also, certain professionals, mandated reporters, are obligated to report incidences where they suspect child molestation. These include people like school teachers, clergy, social workers and doctors. Sometimes the child may speak up and allege abuse, or other times a child may exhibit symptoms that catch a professional’s attention, such as bruises, emotional outbursts or a change in personality. In this instance, while an accusation may be well intentioned, it can be horribly misguided and incorrect.
Child molestation trials are notoriously challenging for the defense because there is a strong emotional bias in these cases. There is a tendency for a judge and jury to believe a child over an adult’s testimony. However, it should be pointed out by the defense that children can be highly manipulated by family as well as the prosecution. To add to the challenge, it is possible to be convicted on the testimony of the child alone, with no corroborating evidence. Therefore, it is so important to secure aggressive defense counsel as soon as possible.
When looking for an attorney, here are some questions to ask:
• Have you ever won a case like this in trial?
• When was the last time you tried a child molest case?
• Do you have other child molest cases on your current caseload?
• How familiar are you with the Santa Clara County District Attorney Sex Team of Prosecutors?
• Have you ever gotten a child molest case dismissed? When was the last time you got that kind of dismissal?
• Have you successfully helped persuade a prosecutor to not bring child molest charges to court?
An attorney who has won this kind of case, is current with this kind of case and knows the local prosecutors for this kind of case is the kind of attorney you may want on your side. Too much is on the line. Get the best.
If you are suspect in a Child Molest case, contact Javier Rios immediately. He is a top-level San Jose Child Molestation Attorney. He has won this kind of case in trial and has gotten this kind of case dismissed. In some of his cases, where the person was the suspect in a child molestation investigation, no criminal charges were even filed. He became a highly respected trial attorney through thirty years of trial experience.