A lot of people who are charged with this crime are family members who are trying to help somebody with lewd conduct with a minor in Los Angeles or anywhere in California. They are usually concerned about a person facing a lengthy prison sentence.
Prosecutors decide what to offer in these types of cases based on a number of different factors. Of course, judges can sometimes weigh in on the cases, and then the defense will obviously have an opportunity to present their version of events and any mitigating factors that might assist their client.
I recently had a case where my client was charged with lewd conduct with a minor under California Penal Code 288a. We had worked out a probation deal, and we went to try to make the plea in the case, and the judge said that she would not accept the plea.
So, when it comes to these types of cases where minors are involved, sometimes you need every facet of the legal system working in your favor to ultimately get a good resolution. Judges have to agree to take pleas in criminal cases.
Most of the time, they will accept what the prosecutor has offered to settle the case, but there are some occasions when they won't, and then other angles need to be pursued in order to get a good result for your client.
In this particular case, we had to go to another judge in a different court because that judge simply would not accept a probationary deal, and it's very difficult to get a probation resolution in a case where somebody is charged with lewd conduct with a minor (CALCRIM 1110).
Even if you get a probationary resolution, that does not necessarily mean you don't go to jail. You could get anywhere from zero time in custody up to 365 days in prison and still be placed on either felony or misdemeanor probation.
Age of the Victim and Prior Record in Penal Code 288a Cases
One significant factor that determines whether or not you go to jail or prison is the age of the alleged victim and your age. So, suppose the alleged victim is a certain age, and you're ten years older than that individual. In that case, that will likely be an extra enhancement that will apply against you, exposing you to more prison time and making you more likely to get a prison sentence.
Another factor is your prior criminal record. If you have no previous criminal record, that would undoubtedly put you in a good spot as far as trying to make the argument that he was a first-time, never to happen again event.
In other words, it is an aberration, and you're not likely to be a recidivist. Other significant factors that are looked at is they're going to do a static 99 on you to see what your likelihood is to commit this type of offense or any other sexual offense in the future, and that's another big thing that prosecutors and judges will look at in determining what happens to you in lewd conduct with a child case.
Also, a lot of times, what I will do is get what is called a Penal Code 288.1 report, which is an evaluation by a psychiatrist who is specially trained to test people who are charged with sex-related offenses.
Then, they specifically render an opinion so the prosecutor and judge can look at it related to whether or not the person is likely to commit any future sex offenses and explain to the judge that the prosecutor may have committed this particular sex crime.
So, you start to get a feel for the type of things that prosecutors and judges consider when deciding how long of a prison or jail sentence they're going to attempt to impose against a criminal defendant.
Multiple Acts of Lewd Conduct with Minor
Another significant factor — and this is where you start to get into areas where people are potentially looking at life sentences — is when you have a young victim and a person that is ten years or older than that victim.
If there are multiple acts of lewd conduct or some sexual touching under Penal Code Section 288a, you're going to get an extra charge that's going to apply that could subject you to life in prison.
That would give the prosecutors a lot of power because if you were to go to trial and lose, the judge would likely have no choice but to provide you with a sentence where you're facing life in prison. So, in that circumstance, that would be a good indicator that the prosecutors will probably seek a significant prison sentence for you.
So, these are some of the factors that apply when you're looking at a lewd conduct with a child charge. Of course, the defense is going to give your version of events. They will look to see whether or not the child involved consented.
Obviously, if multiple children are involved, it would be much more difficult for you to stay out of prison. They will also look at the facts and circumstances surrounding the case.
Obviously, these are usually different in each case, so they have to be dealt with in a different manner. There's no one-size-fits-all solution to these problems, and that's why I get the client in. We sit down and go over everything, and we really try to design a plan that makes sense for you, your circumstances, your criminal record, and the facts and circumstances surrounding your case.
