When you are wrongfully accused of a crime, your whole world can turn upside down… especially when it’s a crime like molestation.
Whether you’ve been charged or not, just being accused is enough to worry you and stress you out. What if you are sentenced to time in prison? What if you’re charged thousands of dollars worth of fines? What if you’re sentenced to parole for years to come?
You feel like your freedom is slipping right out of your hands because of this and you don’t know what to do or where to turn for help.
Thankfully, with the right representation on your side, you will be able to combat these charges, get back to normal, and move past this horrible time in your life. All you have to do is called up molestation defense lawyer Elliot Silver at Silver Law Firm. He will fight for your justice and freedom.
What Is Molestation?
Sex crime laws can be very confusing, and the definitions may not be what you previously thought. In legal terms, molestation means engaging in sexual acts with children who are under 18 years of age. An adult who committed the crime of molestation may have taken pornographic photos or videos of a child, touched them in their private parts or made the child touch theirs, raped them, or exposed their genitalia to them. In California, the age of the child and what type of sexual incident occurred will determine whether the crime is a felony or a misdemeanor. Sex crimes are called wobbler offenses because they are either felonies or misdemeanors based on the circumstances surrounding the case.
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Molestation Charges in California
Molestation charges in California are defined under different penal codes including 647.6, 288, 288.2, and 288.4, among others.
Under 647.6, an adult cannot “annoy” a child who is under 18 years of age. This means that an adult did something that would be likely to irritate, disturb, or be observed by a child because the adult is interested in engaging in sexual activity with them. This is typically charged as a misdemeanor, which means that an adult may go to county jail for up to 364 days and have to pay fines up to $5,000. If they entered an inhabited dwelling and did not have the owner’s consent to enter, then they could be charged with a felony, serve up to three years in prison, and pay fines of up to $5,000.
Under penal code 288, an adult cannot commit a lascivious or lewd act on a child who is under 16 years of age. This includes causing a child to touch themselves or another person sexually, or touching the child as a sexual act, even if the child has clothes on. This is a felony and the adult who committed this violent sex crime could be sentenced to five, eight, or 10 years in state prison. They may also have to pay up to $10,000 in fines.
Penal code 288.2 dictates that an adult cannot send obscene or explicit matter to a child who is under 18 years old with the intent of engaging in sexual acts with the child, or sexually arousing themselves or the child. This is a wobbler offense, which means it could be a misdemeanor or a felony. If convicted of a misdemeanor crime, they’d have to go to jail for up to one year and pay fines of up to $1,000, and if convicted of a felony, they may have to go to state prison for up to three years and pay a maximum fine of $10,000. They would also need to be registered as a tier-three sex offender for the rest of their life.
Under penal code 288.4, it is a crime for an adult to arrange a meet-up with a child in order to engage in sexual activities with them. Since this is another wobbler offense, an adult could be charged with a misdemeanor where they’d have to serve up to one year in county jail and pay a fine of up to $5,000. They may also have to register as a tier-one sex offender for at least 10 years. This crime becomes a felony if the defendant had a prior conviction that would require them to be registered as a sex offender in California or the defendant goes to the meeting with the minor instead of just arranging it. If convicted of a felony, they would need to serve between 16 months and four years in California state prison and possibly pay a fine of up to $10,000. They’d need to register as a tier-three sex offender as well, which lasts for the rest of their life.
If you’ve been accused of molestation, then learn why you should contact sex crimes defense lawyer Elliot Silver ASAP.
A Lawyer Will Stand By Your Side
Right now, it may seem like the whole world is against you. The prosecutor is bringing charges against you, or perhaps they’ve already brought charges. You’re going to have to face a judge. Your family and friends have turned their backs on you. What are you supposed to do?
In this time, when you may feel lonely and like no one cares, your lawyer will be by your side every step of the way. They’ll hear you out when others won’t and help you with your case. Just having someone to listen to you could make you feel a lot better about your tough situation.
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They Will Help You Collect Evidence and Come Up With a Defense
When you call up a sex crimes defense attorney like Elliot Silver, they will ask you what evidence you have to prove your case. This could include witness statements from other people who saw you were somewhere else when the alleged crime happened. Perhaps you have photographs or video footage to prove you were not in the same place as the child involved. Maybe the alleged victim does not meet the age requirements for what happened to be classified as a crime, there was no sexual contact, or the alleged “victim” is lying about the accusation. There may be other factors you can use to prove that you are not guilty.
Keep in mind that you are innocent until proven guilty and that in criminal cases, the prosecutor has to prove beyond a reasonable doubt you’re guilty. If there are any weak arguments in their case or they don’t have sufficient evidence, they risk losing. That’s why they may be more likely to offer you a plea deal.
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They Could Potentially Get You a Plea Deal
A lawyer could potentially help you get a plea deal for your molestation conviction. A majority of criminal cases end in plea deals rather than going to court.
A plea deal can involve a few things. If you plead guilty, then you waive your trial rights in exchange for a less harsh sentencing. For instance, let’s say you are being accused of arranging a meeting with a minor for sexual purposes. Under penal code 288.4, you’ve been charged with a misdemeanor. If you plead guilty, the prosecutor will reduce your charges to six months in jail instead of up to one year, and you won’t have to pay any fines, instead of having to pay up to $5,000. Instead of risking more jail time and/or fines, your lawyer may advise you to take the plea deal. You can decide whether or not you want to do this.
Another type of plea deal is a concession. The prosecution and the defendant may make concessions in order to resolve the criminal charges. Or, a plea deal could involve leniency, in which you may have your charges reduced and avoid the maximum penalties and time in prison/jail. Your jail/prison sentencing time could be shortened as well.
Your lawyer won’t try to pressure you into making one decision or another. They will simply advise you based on their extensive experience. And if you want them to fight the charges all the way and take them to trial, they’ll be happy to do that for you.
They Will Save You Money in the Long Run
You may be thinking, “I can’t afford a criminal lawyer.” But are you looking at the long-term costs of not hiring a criminal lawyer and trying to have your charges reduced or dropped altogether?
Your charges will be on your criminal record for the rest of your life. This means you may have trouble getting a job, since employers may be reluctant to hire you, or secure housing, since landlords might not want to rent to you. Plus, you will not be eligible for government student loans and grants, which can make it that much harder to afford college. How are you going to advance in your career or fulfill your aspirations without a solid education?
Additionally, you may have to go on the sex offender registry in California for a certain number of years or the rest of your life. Anyone can go on the California Megan’s Law website and see where you live, your photograph, and an explanation of the crimes you were convicted of committing. This is very embarrassing and your neighbors may treat you differently if they find out you’re on the registry.
You want to do everything you can to avoid getting charged with a crime. The long-term consequences are going to cost you a lot more than a criminal defense lawyer would right now.
Plus, molestation defense attorney Elliot Silver will give you a free initial consultation so you can determine whether or not you want to work with him. Again, you won’t be pressured into any sort of agreement unless you’re comfortable with him and believe he can help you out.
Why Work With Molestation Defense Attorney Elliot Silver?
Sex crimes defense lawyer Elliot Silver has over two decades of experience. He is known as a fearless advocate for his clients throughout the Bay Area, in places like Pleasanton, Palo Alto, Walnut Creek, Santa Rosa, San Francisco, San Rafael, and Petaluma.
From the moment you contact him until you reach a final plea deal or your trial ends, Elliot will explain every step of the legal process to you so that you’re informed and empowered. He will advise you on what to say to defend yourself and help you gather evidence, doing all that he can to get your charges reduced or dropped.
His extensive experience has resulted in many positive outcomes for his clients who were accused of sex crimes like molestation. For example, a client who was facing child molestation charges was facing a life imprisonment sentence. With Elliot’s help and hard work, he was able to arrange five years of probation for his client and credit for time served.
In a case that went to trial, Elliot was able to secure a full acquittal by jury for his client, who had recently immigrated to the U.S. on a dependent visa and was accused of molesting a child. Along with possible jail time, his client would have had to register as a sex offender, which would lead to his deportation. But with Elliot’s assistance, the client was acquitted and was able to stay in the United States, moving forward with his life.
Right now, you need to do everything you can to fight this accusation. And with molestation defense attorney Elliot Silver on your side, you have a much better chance at securing the outcome you want.
Contact Molestation Defense Lawyer Elliot Silver Today
Whether you’ve been accused of molestation or you’re facing charges, it’s time to get in touch with Elliot Silver. Feel free to reach out 24 hours a day, 7 days a week. You can call him at (510) 995-0000 or email him at advice@esilverlaw.com. He looks forward to hearing from you and helping with your case.
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