Child Molestation Defense Lawyer in California
What to Do If You Are Accused Under Penal Code 288
Being accused of child molestation is one of the most serious and life-altering legal situations a person can face. In California, these allegations often trigger immediate investigation, arrest, and prosecution, with potential consequences that include state prison, mandatory sex offender registration, loss of custody rights, immigration consequences, and permanent damage to reputation and career.
Public perception frequently assumes guilt, especially when a child is involved. Many people ask, “Why would a child say this if it weren’t true?” But false or mistaken accusations do occur, and even innocent individuals can find themselves facing devastating criminal charges. Defending against child molestation allegations requires immediate legal action, meticulous investigation, and an experienced California child molestation defense lawyer who understands both the law and how these cases are prosecuted in courts throughout the state, including Sacramento County.
If you are under investigation or have been charged, early intervention by a criminal defense attorney is critical. An accusation alone can permanently alter your life before the truth is fully examined.
California Child Molestation Laws – Penal Code 288
Child molestation charges in California are primarily prosecuted under California Penal Code § 288, which criminalizes lewd or lascivious acts involving minors committed with sexual intent. These offenses are treated as serious felonies and aggressively pursued by prosecutors.
Official statute:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=288
Penal Code 288(a): Lewd or lascivious acts involving a child under the age of 14. This is a felony and requires proof of sexual intent.
Penal Code 288(b): Lewd acts involving force, violence, duress, menace, or fear. These charges carry substantially higher prison exposure.
Penal Code 288(c)(1): Applies when the minor is 14 or 15 years old and the accused is at least 10 years older. These cases are often charged as felonies.
A skilled child molestation defense attorney in California must carefully analyze which subsection applies, whether the required intent can be proven, and whether the evidence supports the charge.
False Accusations of Child Molestation and Sexual Abuse
False allegations of child molestation do occur and can devastate everyone involved, particularly innocent individuals. These accusations may arise from misunderstandings, misinterpretation of innocent behavior, high-conflict divorce or custody disputes, suggestive or repeated questioning of a child, or unintentional coaching by adults.
Children may struggle to describe events accurately, and statements can be misunderstood by adults who are emotionally distressed or fearful. Mandatory reporters, such as teachers, therapists, and healthcare professionals, are legally required to report even suspected abuse, which can trigger criminal investigations before all facts are verified.
Because the legal, personal, and reputational consequences are severe, it is essential that allegations are thoroughly investigated and that the accused consults an experienced child molestation defense lawyer as early as possible.
Evidence Prosecutors Use in Child Molestation Cases
Child molestation prosecutions often rely on testimonial and circumstantial evidence rather than physical proof.
Common forms of evidence include the following:
• Forensic interviews of the child conducted by trained professionals
• Testimony from family members, teachers, or caregivers
• Medical examinations, which may or may not show physical findings
• Digital evidence such as text messages, emails, screenshots, or social media communications
• Expert testimony from psychologists, social workers, or other specialists
Many cases proceed without physical evidence, making credibility, interview techniques, and investigative methods central to the outcome. An experienced Penal Code 288 defense lawyer will carefully analyze how evidence was obtained and whether it is reliable.
The Child Molestation Criminal Process in California
Investigation Stage
Investigations often begin with reports to Child Protective Services or law enforcement. Children may be subjected to structured forensic interviews, and experts may evaluate statements or behavior.
Filing of Charges
If prosecutors believe sufficient evidence exists, formal charges are filed. Early involvement by a defense attorney can influence how investigators approach the case and, in some circumstances, prevent charges from being filed.
Court Proceedings
Once charged, the case proceeds through arraignment, discovery, pretrial motions, and possible plea negotiations. If the matter goes to trial, prosecutors must prove guilt beyond a reasonable doubt. At every stage, a California child molestation defense lawyer plays a critical role in protecting constitutional rights and challenging weak or unreliable evidence.
What to Do If You Are Accused of Child Molestation
If law enforcement or investigators contact you regarding a child molestation allegation, take the following precautions:
• Do not speak to police without a defense attorney present
• Do not give statements to anyone connected to the allegation
• Do not contact the accuser or alleged victim
• Do not discuss the case by phone, text, email, or social media
• Preserve all communications, records, and digital data immediately
Helpful preparation includes documenting timelines, prior interactions, potential witnesses, medical visits, and access to digital devices or accounts.
When Should You Hire a Child Molestation Defense Attorney?
You should contact a defense lawyer immediately if any of the following occur:
• Police request an interview
• Child Protective Services contacts you
• You are arrested or served with charges
• You believe an allegation may be made
Early involvement by an experienced child molestation defense lawyer in Sacramento or elsewhere in California can prevent costly mistakes and protect your rights from the outset.
Penalties for Child Molestation Convictions in California
A conviction may result in the following consequences:
• Lengthy state prison sentences
• Mandatory sex offender registration
• Strict probation conditions
• Counseling or treatment programs
• Protective orders restricting contact with minors
Beyond criminal penalties, convictions can lead to job loss, revocation of professional licenses, loss of custody rights, immigration consequences, and permanent reputational harm.
Sex Offender Registration and Megan’s Law
Certain convictions require registration under California’s sex offender registry laws.
Official Megan’s Law website:
https://www.meganslaw.ca.gov
California’s registration requirements are governed by Penal Code § 290.
Official statute:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=290
California uses a tiered registry system. Some individuals may qualify for removal after a period of compliance, while others face lifetime registration. Avoiding conviction is critical, as registration can permanently restrict housing, employment, travel, and personal freedoms.
Is a Child’s Testimony Alone Enough to Convict Someone?
Yes. In California, a child’s testimony alone can be sufficient to support a conviction if a judge or jury finds it credible beyond a reasonable doubt. Physical evidence is not required.
Defense attorneys may challenge the reliability of testimony by examining interview methods, consistency across statements, possible coaching or influence, and developmental or memory limitations. Because testimony often determines the outcome, skilled legal defense is essential.
How Child Molestation Defense Attorneys Uncover the Truth
Effective defense requires careful, strategic investigation.
• Analyze forensic interviews for leading or repetitive questioning
• Investigate family dynamics, custody disputes, or prior allegations
• Examine digital evidence such as texts, messages, social media, and location data
• Identify inconsistencies across statements and timelines
• Use expert witnesses in child psychology, memory, and forensic interviewing
The goal is to test the reliability of the evidence without attacking the child, while protecting the client’s constitutional rights and future.
Early Legal Intervention in Sacramento Child Molestation Cases
When child molestation allegations arise in Sacramento or anywhere in California, immediate legal action matters. Experienced criminal defense attorneys at Chastaine Jones work proactively during the earliest stages of an investigation — often before formal charges are filed — to protect constitutional rights, preserve critical digital evidence, and prevent damaging mistakes. In Penal Code 288 cases, early strategic involvement can significantly influence how prosecutors evaluate the case and how your future is protected.
Contact us now to learn more.
Child Molestation Defense FAQ’s – California Penal Code 288
Yes. Speaking to law enforcement without an attorney can seriously harm your case. You have the right to remain silent and should exercise it.
Yes. Prosecutors may rely solely on testimony or circumstantial evidence. A defense lawyer can challenge credibility and investigative methods.
No attorney can guarantee charges will not be filed, but early legal intervention can influence investigations and, in some cases, prevent formal charges.
Charges may be dismissed due to insufficient evidence, constitutional violations, or successful pretrial motions.
In limited circumstances, civil claims such as defamation or malicious prosecution may be possible. These matters require consultation with a civil attorney.
Many dismissed cases may be eligible for sealing or expungement, depending on the circumstances. Convictions are more difficult to remove.
Messages can be misunderstood or taken out of context. Defense attorneys analyze content, authenticity, and technical data to challenge allegations.
Metadata shows when, where, and how digital communications occurred and can expose inconsistencies or manipulation that message content alone cannot.
Plea agreements may involve reduced charges or penalties, but the consequences remain serious. Legal guidance is essential before accepting any plea.
Penal Code 288 is California’s child molestation statute. It defines lewd or lascivious acts involving a minor committed with sexual intent. The law contains multiple subsections based on the child’s age, the age difference between the parties, and whether force or coercion is alleged. These charges are treated as serious felonies and are aggressively prosecuted throughout California, including in Sacramento County.
Most Penal Code 288 charges are felonies in California. Lewd acts involving a child under age 14 and cases involving force or coercion are felony offenses. Charges involving minors who are 14 or 15 years old may also be filed as felonies depending on the facts, including the age difference between the parties. Prosecutors in California courts, including Sacramento-area courts, routinely pursue these cases as serious felony matters.
Yes. A conviction under Penal Code 288 generally requires sex offender registration under California Penal Code 290. Registration can be long-term or lifetime and may significantly restrict housing, employment, and daily life. California’s tiered registry system allows limited relief in some cases, but in Sacramento and throughout the state, avoiding a conviction is critical due to the lasting consequences of registration.
Child molestation allegations under Penal Code 288 raise complex legal questions, from whether testimony alone can support a conviction to whether sex offender registration is required. As these FAQ’s explain, California law allows prosecution even without physical evidence, and the consequences of a conviction can be severe and long-lasting. Because these cases often depend on credibility, investigative methods, and early strategic decisions, what you do in the first stages of an investigation can significantly affect the outcome.
If you are under investigation or facing child molestation charges in Sacramento or anywhere in California, speak with an experienced criminal defense attorney as soon as possible. Early legal intervention can protect your rights, preserve critical evidence, and ensure that your defense begins before mistakes are made. Contact Chastaine Jones to discuss your situation and understand your options.