Allegations of sex crimes involving children quickly destroy lives and reputations. More than any other crime, an experienced and aggressive defense is necessary from the outset – both in the courtroom and in the court of public opinion.

Santa Ana Criminal Defense Attorney Houman Fakhimi and our Criminal Defense Team represent clients facing charges of a sexual nature involving children, including child pornography and lewd and lascivious acts with a minor.

These cases often make news and quickly become high profile. Whether the allegations involving the Catholic church, celebrities, or university coaches or staff members, allegations of criminal sexual wrongdoing against children typically result in a guilty until proven innocent mentality. Even when charges are ultimately reduced or dismissed (or successfully defended against in court), the mere allegation of wrongdoing can do almost as much damage as a conviction.

Under California Penal Code 288, Lewd Acts with a Child is defined as touching a child for sexual purposes. The crime is also referred to as “lewd acts on a minor under 14” or “lewd and lascivious conduct.”

As terrible as child abuse is, being falsely accused of inappropriate acts with a child is a horrible thing. Lives can be destroyed almost overnight. An experienced defense firm must be called in immediately.

For those charged with the most serious offense, “Lewd acts with a child under 14,” touching a minor through clothing is enough to satisfy the definition of the crime if such touching occurs with sexual intent. While this very broad definition is in place to protect children, it can also lead to unfair or erroneous charges. And the penalties are steep: three, six or eight years in state prison.

To prove a defendant guilty of lewd and lascivious conduct in Santa Ana, the state must prove that the defendant willfully touched a child or caused a child to touch the defendant’s body. And that the touching was done with the intent of arousing, or gratifying the lust, passion or sexual desires of the defendant or child.

Actual arousal is not required. Convictions ruin careers, destroy reputations and typically result in prison sentences and mandatory lifetime registration as a sex offender.

Those facing an investigation or charges should consult with an experienced criminal defense attorney at the earliest possible stage in such cases. An experienced attorney will examine the allegations and review evidence, including witness statements, forensic evidence and email or phone records.

But these cases often come down to a defendant’s word against an alleged victims, and as such they can be hard for the state to prove. Typically, investigators will attempt to get a statement from a defendant to shore up a case. Too often, an embarrassed defendant will attempt to talk his or her way out of charges. Investigators may even indicate they side with the defendant and believe the charges are without merit.

Those who speak with the state before speaking with an experienced attorney typically do the most damage to their case. Your best offense is a solid defense. You have the right to remain silent. Exercise it.

If you are facing child sex charges in Los Angeles, Santa Ana or Rancho Cucamonga, contact the Southern California Criminal Defense Team for a free and confidential consultation to discuss your rights.