Few criminal accusations are more aggressively prosecuted than child molestation. The charges are easy to levy, and very difficult to defend, since they can be based on a single emotional complaint about a single incident which the accused may or may not even know about. The complaints can often be filed through reports by untrained staff at school, or through agencies such as the Child Protective Services. A conviction can bring prison sentences up to 10 years, and restitution and fines totaling more than $10,000. A conviction will also require you to register as a sex offender for the rest of your life.
Because of the devastating consequences, if you find yourself charged with child molestation, do NOT voluntarily speak with law enforcement, witnesses or anybody else associated with the case without your attorney present. Your first step is to retain an experienced defense attorney. An attorney with experience will be able to present a vigorous defense against the charges. Your freedom, your job, your marriage and your entire way of life may be at great risk.
Child molestation charges can be brought if a person, “willfully commits any lewd and lascivious act against a minor under the age of 14, and commits the act with the purpose of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the perpetrator or the victim.”
The accuser and the prosecution bear the burden to prove all charges are true in order to gain a conviction. This is a high standard and rightfully so, given the consequences of a conviction. The prosecution will not work to protect the rights of the accused. However, experienced defense attorneys will be aware of many ways the case might be defended.
There are a multitude of strategies to challenge accusations of child molestation. Each case will have many factors from which your attorney will devise the best steps forward in presenting your defense. Five common defense strategies include:
In all the examples above, an experienced and determined attorney will be the accused’s best bet to avoid jail or prison, or exorbitant fines and other costs. Reach out to us at the H Law Group where an experienced attorney awaits your call.