Valencia Resource Center
The shock and fear that often follows an arrest for a sex crime, like lewd conduct or a lewd act, can be enough to make someone feel like his or her life is over. But this couldn't be further from the truth. If you or someone you care about has been arrested, it is important to fully understand the legal rights and options that exist. The worst thing you could do is stay uninformed and enter a guilty plea before consulting with a skilled lawyer.
Valencia lewd conduct attorney Daniel E. Kann has been defending the rights of individuals charged with a wide range of sex crimes. With his familiarity of how the Valencia Courthouse and its judges and prosecutors operate, Dan applies effective defense strategies and negotiation skills to get his clients the most successful case outcome possible. For a free, confidential consultation, call Dan today at (661) 450-9678.
Defining Lewd Conduct
California Penal Code Section 647(a) or (b) defines lewd conduct as a type of disorderly conduct characterized by various sexual acts that take place in a public location. For instance, having consensual sex in a public bathroom could cause the parties involved to be arrested for lewd conduct.
A conviction for lewd conduct in Valencia won't lead to sex offender registration; however, the repercussions are still serious as a person may have a misdemeanor on his or her record.
Lewd conduct charges can be confusing in that the actions or suggestive actions that law enforcement considers to be lewd conduct are quite broad and unclear. Someone may be arrested for lewd conduct if they are suspected of soliciting another to engage in lewd conduct in any public or exposed place. A person may also be arrested for lewd conduct if he or she is found lodging in a public or private structure without the permission of the owner. A criminal defense lawyer will often investigate whether entrapment on the part of law enforcement occurred during a lewd conduct arrest, especially in relation to prostitution charges in which sting operations are frequently carried out.
What is Indecent Exposure?
Sexual acts that take place on or toward another person, or with the objective of arousing another person, are considered to be indecent exposure, which is a misdemeanor. California Penal Code Section 314.1 states that indecent exposure occurs when a person engages in a sexual act with the purpose of having other people see him or her, such as masturbating in a public place.
Being arrested for indecent exposure a second time may result in a felony charge. However, an experienced attorney will work to get the charges reduced to a misdemeanor, if not dismissed altogether. Indecent exposure is a "wobbler" in California, which means that it can be charged as either a misdemeanor or a felony.
Negotiating an indecent exposure charge, Penal Code Section 647(a), down to a lewd conduct charge, Penal Code Section 647(a), is one strategy an aggressive Valencia sex crime lawyer will utilize. By reducing the charges, a person will not have to register as a sex offender in California under Penal Code Section 290, which requires lifetime registration along with a wide range of consequences, like being on a national database list that the public can access on the Internet.
What are Lewd Acts?
It is relatively common to get lewd conduct and lewd acts confused. A common sex crime that is a lewd act defined under California Penal Code Section 288 is lewd act on a child in which a person is suspected of committing a lewd or lascivious act upon or with the body, or any part or member thereof, of a child who is under 14-years-old. An intricate factor of this offense is that it must be proven that an individual intended to arouse, appeal to, or satisfy the lust, sexual desires, or passions of him or herself or the child. An individual convicted for lewd acts on a child in Valencia will face three, six, or eight years in state prison and have a felony on their record. A convicted person may also have to register as a sex offender. When two individuals knew each other and the sexual acts are theoretically consensual, an attorney will work to lower a lewd act on a child charge to statutory rape or get the charges dismissed altogether. An individual convicted of statutory rape does not have to register as a sex offender under Penal Code Section 290.
Protecting Your Rights & Restoring Your Reputation
The stakes are high if you or a loved one is facing criminal charges for lewd conduct or a lewd act. Experienced Valencia lewd act defense lawyer Daniel E. Kann of the Law Offices of Daniel E. Kann will work aggressively and quickly to defend your rights and build an effective case on your behalf. Do not delay in contacting Dan to learn more about the best plan for your specific situation so that you can get your life back. Call (661) 450-9678 today or fill out an online contact form for a free consultation.