Child molestation charges in San Jose, CA, carry enormous legal and emotional weight, and having the right attorney can be one of the most important steps in protecting your rights. A criminal defense attorney can help defendants navigate the sensitive nature of the charges while ensuring that every aspect of the case is carefully examined.
Having clear, compassionate legal support in San Jose, California, is essential during these challenging times. For help, call (408) 217-8818 or contact Ahmed & Sukaram, Criminal Defense Attorneys to schedule a free consultation with a San Jose child molestation attorney.
How Ahmed & Sukaram, Criminal Defense Attorneys Can Help if You’re Arrested for Child Molestation in San Jose, CA
Facing child molestation charges in San Jose, CA, can be extremely overwhelming, but our defense attorneys are here to help navigate these serious allegations. Our San Jose criminal defense attorneys have over 30 years of combined experience.
We have a California State Bar Certified Specialist in criminal law on our team, and we’ve been named Top 100 Trial Lawyers by National Trial Lawyers. With our knowledge and experience, we are ready to fight to protect your rights.
Here’s how we can assist:
- We thoroughly examine the case by reviewing all available evidence, including witness accounts and police reports.
- Our team checks that your rights were not violated during arrest, search, or interrogation, and we challenge any unlawful procedures in court.
- We work with forensic specialists and professionals familiar with child abuse cases to provide expert testimony that supports your claim and clarifies complex issues.
Our dedicated focus on sex crime defense in San Jose, California, will give you the best chance possible of beating the charges. Contact Ahmed & Sukaram, Criminal Defense Attorneys to schedule a free consultation with a San Jose child molestation attorney.
Overview of Child Molestation in California
Child molestation offenses in California carry severe legal consequences and are taken very seriously by the courts. These crimes involve inappropriate or exploitative behavior toward minors.
Child molestation could include the following crimes:
Lewd or Lascivious Acts
California law makes it illegal to engage in any sexually gratifying lewd behavior involving a child under 14. This includes either directly touching the child’s body or causing the child to touch someone’s body, whether the contact is made on bare skin or through clothing. So, is kissing a minor illegal? Under this statute, most likely yes, if the kiss is sexual in nature.
Annoying or Molesting a Child
This charge addresses improper sexual behavior or language directed at minors under the age of 18. Annoy and molest under the statute covers behavior that is likely to upset, disturb, or be visible to a child. Physical touching is not required here – words are enough. Is it against the law to kiss a minor under this statute as well? Most likely, yes, if done in a romantic or sexual nature.
Oral Copulation with a Minor
Oral copulation is the act of using the mouth to contact another person’s sexual organ or anus for sexual purposes. The crime of oral copulation is illegal when performed without consent or with a minor who is unable to legally provide consent.
If you have any questions about a child molestation charge, it’s important to reach out to a lawyer as soon as possible.
What Are the Penalties for Child Molestation in San Jose, California?
In San Jose, California, child molestation is a deeply serious offense that carries long-lasting and harsh penalties. Penalties can include the following.
Oral Copulation with a Minor
If an offender engages in oral copulation with a child, the charge can result in a prison sentence of up to 14 years, depending on factors like the ages involved and the specific circumstances of the case. Additional penalties such as fines, probation requirements, and mandatory registration as a sex offender may also be imposed.
Molesting or Annoying a Child
For first-time offenses under this statute, a defendant might face a misdemeanor charge that could lead to up to one year in county jail and fines reaching $5,000. In some cases, it can be charged as a felony, resulting in prison sentences ranging from 16 months to three years. There will also be the requirement to register as a sex offender.
Lewd Acts Involving a Minor
For a general lewd act involving a child, the sentence may reach up to eight years in state prison, along with a fine of up to $10,000, and additional fines that go into victim assistance funds. In more extreme cases – like when force or fear is used, or in cases of lewdness with a child 14 or 15 years old, the fines and prison terms can escalate to possible life in prison with lifetime sex offender registration.
These penalties are incredibly harsh, making it essential to work with a criminal defense lawyer if you’re facing any of them.
What Defenses Can Be Raised if I’m Arrested for Child Molestation?
If you have been arrested for child molestation, there are several defenses that can be raised, depending on the specific circumstances of your case.
Here are some of the possible legal defenses that can be used:
- Mistaken Identity: You may have been wrongfully accused due to a witness or law enforcement officer misidentifying you as the perpetrator.
- Lack of Evidence: The prosecution is required to prove every element of the case beyond a reasonable doubt. If there isn’t enough solid evidence linking you to the alleged crime, the charges might not hold up in court, resulting in an acquittal.
- Alibi: If you can demonstrate that you were not at the scene of the crime at the time it occurred, this would strongly support your innocence. Witness statements, receipts, or security footage can all help establish your alibi.
- False Allegations: Unfortunately, false accusations can occur in child molestation cases. For instance, allegations might arise during contentious custody battles or disputes. Thorough investigation and presenting evidence to show inconsistencies or motives behind the accusations are essential.
Every case is different, so it’s important to reach out to a lawyer to determine the best defense for your case.
Facing charges or accusations in these sensitive cases can feel overwhelming, and having the right legal support makes a big difference. Our team is devoted to understanding your situation, ensuring that your rights are protected throughout the legal process. We work hard to simplify the procedures and offer guidance every step of the way.
Contact Ahmed & Sukaram, Criminal Defense Attorneys to schedule a free consultation with a San Jose child molestation attorney.