Victimless crimes don’t have a black and white definition, but are still a serious concern and in fact, constitute 86% of federal prison population. Some offenses that have been categorized as a victimless crime include: public drunkenness, vagrancy, various sexual acts, obscenity, pornography, drug offenses and gambling to name a few. If you find yourself being charged with a victimless crime, make sure to call an experienced attorney who can help you get through it.
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. [Read more…]
At Dudek & Cintean, a large number of our cases are sex crimes, including child molestation. In California, the penalties for a sexual offense conviction can sometimes be heavier than those for murder, and can include substantial time in prison, as well as lifetime registration as a sex offender. Because this list is so easily accessible, registration there can affect both employment and housing. If you have been accused of this kind of offense, it is important to understand what “child molestation” is under California law, and how the related criminal prosecution process works from start to finish. We are experienced criminal defense lawyers, two of whom previously worked for the prosecution and therefore have an exceptional understanding of how child molestation charges are handled from the investigation stage, through arrest, settlement discussions, and trial. [Read more…]