Crimes against minors are generally considered to be heinous, and they are all generally treated as serious offenses; however, California Penal Code 288.7 PC addresses what most consider to be the most heinous of offenses against a minor, sexual acts with a child under the age of 10. While child molestation is considered to be a very serious offense, in general, in California, this particular code addresses the most extreme of circumstances. This particular code provides such a serious consequence for offenders, that it is often referred to as the “one strike and you are out” law.
We are a law firm of defense attorneys with backgrounds that ensure that we are experienced and equipped enough to represent individuals who have been wrongfully accused of participating in sexual acts with a child under 10 years of age.
It is important to understand the specific nature of this type of case. This particular code deals specifically with sexual acts, which can be defined as any form of penetration of the vagina by the penis, however slight it may be. Sodomy, which also falls under the category of sexual acts, is also a sexual act that falls under this code. Sodomy is defined in California law as any form of sexual conduct consisting of the male genital organ and the anus of another person, in this case, a minor.
A conviction under this code triggers a mandatory sentence of 25 years to life in a state penal institution. As you are able to see, this is a very harshly punished crime, with the fact being that despite becoming eligible for parole in 25 years, those convicted of this crime will likely never experience freedom again.
This is why you need an experienced attorney who understands the process, as well as California law, to represent you in the event that you have been falsely accused of this particular crime. It is not unheard of for child accusers to make false accusations against adults for any of a number of reasons. There are times when these claims stem from some type of confusion, or from some form of hostility or anger toward the accused. Additionally, it is common to false claims to be made by minors as the result of manipulation and coercion by another adult. This is common between divorcing parents who are fighting for custody of the children.
Regardless of the motive behind the false claim, you will need a law firm that has the experience and the resources to carry out a detailed investigation into the case, in order to ensure that all of the details are brought to light. It may be necessary to bring in a psychology expert to interview the accuser.
These types of cases can gain momentum rather quickly, as crimes against children are not tolerable and the demand for swift justice can often rush the process.
While the law states that a person who is charged with a crime should be considered innocent until they have been proven guilty, the press coverage that normally accompanies a child victimization case will often paint the defendant in a light that can make it hard for the public, and potential jurors, to see them as innocent — making it immensely difficult to get a fair trial. This is where we can provide the balanced leverage of making sure that your side is heard. Whether you or a loved one has been wrongly charged with a violation of penal Code 288.7, you will need an attorney that is capable of providing a competent defense, representing you throughout the entire process. We have the experience and resources to ensure that you get a fair shot to defend yourself.
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