If you are charged with committing a lewd act in a public place, legal defenses could include:
1- Your conduct was not in public or exposed to public view. Your attorney would have to take pictures and conduct an investigation establishing that the area you were caught was not public and not open to public view. Consensual sex acts are not illegal between adults if done privately.
2- The conduct was not lewd. Simple kissing and showing signs of affection in public is not lewd conduct. There must be a sexual component of the conduct to be considered lewd.
Many times, if the defendant does not have a prior record and the facts and circumstances do not seem egregious, the good criminal defense attorney should be able to convince the prosecutor to reduce or dismiss the charges. Establishing that the conduct was an isolated instance, or the conduct was a one time lapse of judgment, while producing a positive psychological evaluation from a doctor and character letters of the defendant, a prosecutor may be wiling to dismiss or reduce the charges.
For over 30 years, Wallin & Klarich has been successfully defending lewd conduct cases across Los Angeles, San Bernardino, Riverside, Ventura and Orange County. If you or your family member are been charged with lewd conduct do not hesitate to call our office at 888-280-6839 and visit us at www.wklaw.com