Under California Penal Code section 647.6, it is illegal to annoy or molest any minor under the age of 18 while motivated by an unnatural or abnormal sexual interest in the minor. The sentencing and punishment for annoying or molesting a child can be severe in Los Angeles. Thus, you need a strong criminal defense team by your side during this difficult process.
Defenses
The key to a dismissal or reduction of your charge is a strong defense strategy. Here are some successful defenses that our Los Angeles Child Molestation Attorneys at Wallin & Klarich can raise on your behalf:
Good faith belief that the victim was 18 years of age or older
You are not guilty of the crime of child molestation under California Penal Code section 647.6 if you reasonably and actually believed that the victim was 18 years of age or older. For this defense to be successful, your attorney must prove the following:
1. Subjective standard: You personally believed the victim was 18 or older at the time of the offense; and 2. Objective standard: Your belief was objectively reasonable. In other words, a reasonable person in your shoes and under the same circumstances would have believed that the victim was 18 years or older.
If both of these components are met, your Los Angeles Child Molestation Defense Attorney can argue that you had a good faith belief that the victim was of legal age, and therefore, you cannot be convicted of annoying or molesting a child.
Your conduct was not directed at a minor
To be convicted of child molestation, your conduct must have been directed at a minor. It is possible that your actions were misinterpreted as being directed at a minor. Your Los Angeles Child Molestation Defense Attorney can argue that your conduct was not directed at a minor, and therefore, you should not be convicted of this offense.
Your conduct was not motivated by an unnatural or abnormal sexual interest in the minor
Your conduct must have been motivated by an unnatural or abnormal sexual interest in the minor victim in order to be convicted of annoying or molesting a child. If your conduct was not motivated by sexual desire or interest in the minor, this defense applies to your case.
Your conduct would not have disturbed, irritated, offended, or injured a normal person
Your conduct must have disturbed, irritated, offended, or injured a normal person in the victim’s position. Since this is an objective standard, if a reasonable person would not have been offended by your actions, your Los Angeles Child Molestation Defense Attorney at Wallin & Klarich can argue that this objective standard has not been met.
The minor’s version of the events is not believable
Due to the tendency of young children to exaggerate their claims, your defense attorney can conduct an independent investigation into the minor’s history and request a psychological evaluation to determine the validity of the accusations against you.
Finding an Experienced Child Molestation Defense Attorney in Los Angeles
When charged with a potentially serious crime such as child molestation in Los Angeles, you need a Los Angeles Child Molestation Defense Attorney that will fight for you using an effective defense strategy. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks, the attorneys at Wallin & Klarich have over 30 years of experience in winning child molestation cases.
Call us today at (888) 280-6839. We will get through this together.
