There are many possible defenses to a child molestation charge. One of the most common is attacking an accuser’s credibility. This may mean subpoenaing the child’s medical, counseling, or school records, as well as his or her emails and social network accounts. It may mean interviewing the people he or she talks to. The goal is to find a bias and motive to harm you or a child’s history of being untruthful or making false accusations.
Another potential defense is that the touching was accidental. For example, tickling can sometimes lead to accidental touching, and since molestation requires that the touching be “willful,” accidental touching is not sufficient to rise to the level of molestation. Another defense is that you had no intent to arouse the child. For example, if you had to touch the child to deal with a medical issue, there was no molestation.
There are many other possible defenses and strategies that a good criminal defense attorney can employ on your behalf. For example, if you are innocent, you might take a private polygraph test. These results can be kept private (or shredded) unless they show you are truthful, in which case, the prosecutor can be shown the results and asked to drop the charges.
The worst case scenario, of course, is that you get convicted. The penalties you face at sentencing include up to 8 years of prison time, a strike under California’s Three Strikes law, and the requirement that you register for your entire life as a sex offender. These are increased to ten years of prison time if a jury finds you used force or if you have three or more incidents of molestation in 3 months or more, or if the child was fourteen or fifteen and you were at least ten years older.
If you have been accused of child molestation, the Redwood City child molestation defense lawyers at Alin Cintean, Attorney at Law and Richard Dudek, Attorney at Law are prepared to assist you. We have effectively defended all varieties of sex offense charges involving children and will use our experience as former prosecutors and experienced criminal defense attorneys in Redwood City to defend you and restore your reputation.
Whether there was an absence of intent, accidental touching, or third party coaching, the courts or even the prosecution dismiss many child molestation cases. We want to know your side of the story and help you move on with your life. Call our San Francisco office at (415) 946-4020 for a confidential consultation.