Child Molestation Defense Lawyer in Lancaster, CA
Direct Representation From Jesse Duran, From Consultation Through Every Court Date
An accusation under California’s child molestation statutes puts your freedom, your reputation, and the rest of your life at stake. I’m Jesse P. Duran, and I’ve handled serious and violent felonies in Lancaster, California since founding my practice in 2007. When you call Law Office of Jesse P. Duran, you work directly with me, not a paralegal or an associate who hands off your case before it reaches the courtroom.
Contacting a defense attorney before formal charges are filed can affect whether and how a prosecutor decides to move forward. If you’re under investigation or have already been arrested, the time to act is now.
Call Law Office of Jesse P. Duran today at (661) 903-8056 to speak directly with me about your situation and what your defense options look like from this point forward.
California Charges That Fall Under Child Molestation Law
California’s child molestation statutes cover several distinct charges, each carrying different exposure depending on the alleged victim’s age, the relationship between the parties, and the circumstances alleged.
- Penal Code 288(a): Prohibits a lewd or lascivious act on a child under 14 with the intent to arouse, appeal to, or gratify sexual desire. Actual arousal isn’t required for a conviction, which makes intent the central battleground in these cases.
- Penal Code 288(b)(1): Applies when a lewd act is alleged to have been committed by force, violence, duress, menace, or fear. This enhancement removes the possibility of probation and carries heavier prison terms.
- Penal Code 288(c)(1): Covers lewd acts against a 14- or 15-year-old victim when the accused is at least 10 years older. This is a wobbler offense, meaning prosecutors can file it as either a misdemeanor or a felony depending on the facts.
- Penal Code 647.6: Criminalizes annoying or molesting a child under 18 and is often charged alongside or instead of a Penal Code 288 charge. It carries its own penalties and registration consequences.
Convictions under Penal Code 288(a) and 288(b) are classified as serious and violent felonies under California law, which carry significant implications for sentencing.
Penalties, Sex Offender Registration, & the Three Strikes Law
The consequences of a conviction extend well beyond prison time. Mandatory sex offender registration under Penal Code 290 follows a Penal Code 288 conviction, and the registration period depends on the specific charge and prior record.
- PC 288(a) conviction: Three, six, or eight years in state prison and a fine of up to $10,000. A first-time conviction requires at least 20 years of sex offender registration.
- PC 288(b)(1) conviction: Five, eight, or ten years in state prison with no possibility of probation. Repeat convictions or a 288(b) conviction require lifetime registration.
- PC 288(c)(1) conviction: Up to 364 days in county jail as a misdemeanor, or up to three years in state prison as a felony.
A lewd act against a child under 14 committed by force or fear can qualify as a strike under California’s Three Strikes law. A subsequent felony conviction doubles the sentence, and a third strike can result in 25 years to life. Understanding this exposure from the start shapes every strategic decision in the case.
Defense Strategies for Penal Code 288 Charges
Every case is different, but several approaches apply across a wide range of accusations involving these charges.
Challenging the Evidence
Many of these cases turn entirely on the credibility of a child’s statements when there’s no physical evidence and no confession. I examine how statements were gathered, whether interview protocols were followed, and whether the account has stayed consistent over time. The prosecution carries the burden of proof on each element of the charge, and that burden must be met at every stage.
Contesting Improperly Obtained Statements
Statements made to police can be challenged and excluded if they were obtained without proper Miranda warnings or through coercive interrogation. Suppressing a key statement can substantially change the prosecution’s case.
Addressing False or Coached Allegations
Some accusations arise in the context of custody disputes, family conflict, or other circumstances where motives to fabricate exist. A thorough investigation into the background of an accusation can surface facts that undermine the prosecution’s narrative.
Mistake-of-Age Defense
Where the facts support it, a genuinely and reasonably held mistaken belief that the alleged victim was 18 or older can serve as a defense to a Penal Code 288(a) charge. This defense depends on what the accused actually knew or reasonably believed at the time.
Why Lancaster Clients Work Directly With Me
Cases originating in Lancaster are heard at the Michael D. Antonovich Antelope Valley Courthouse. I’ve practiced in that courthouse and built professional relationships within the Antelope Valley legal community since 2007. That local familiarity matters when it comes to reading how a case is likely to proceed and identifying the best path forward.
I hold a 10.0 Superb Avvo Rating and am recognized among the American Institute of DUI/DWI Attorneys’ Top 100 Trial Lawyers. Clients who retain Law Office of Jesse P. Duran work directly with me from the first conversation through every court appearance. There is no hand-off.
Reach Me Before the Situation Gets Harder to Defend
Delaying contact with a defense attorney after an accusation, investigation, or arrest can limit the options available later. The earlier I’m involved, the more I can do to protect your rights and shape how this case develops. Call Law Office of Jesse P. Duran now at (661) 903-8056 to speak with me directly about your defense.