Child molestation cases are undeniably among the most severe cases prosecuted by Los Angeles. The prosecutors are relentless in their pursuit of justice, often seeking prison for those individuals who find themselves entangled in these types of sex crimes. The potential length of prison time is a stark reminder of the gravity of these cases, as each case is unique and presents its own set of facts and circumstances.

First, they will examine the behavior of the individual.  What did they do?  What were the circumstances?  How long did they do it for?  Then, they will look at the victim.

They're going to determine the child's age. What impact does it have on the victim?  The age difference between the victim and the defendant.  So, there are a whole host of factors that they're considering when deciding what to do. See CALCRIM 1122 – annoying or molesting a child.

And, of course, the legislature has also enacted punishments for certain offenses.  For example, you could be looking at a life sentence if the victim is young enough and if the child molestation is going on for a long time, throughout a period, and there are multiple occasions of it.

This is a big hammer for the prosecutors. If they could potentially get 15 to life, for example, or 25 to life, then the person is potentially looking at never coming out of prison again.

Then, when they sit down and negotiate with that person and make them an offer to settle the case, if it's not a life offer, the person has to seriously consider it because of the potential downside of going to trial and losing.

Impact on the Victim and Defendant's Criminal Record

In my experience — having handled numerous cases like these for 25 years — prosecutors and judges typically focus on what the defendant did. The impact on the victim, the person's criminal record, and then they decide what they think the punishment should be, and then they can maneuver the charges to fit what they believe that punishment should be.

So, if they believe the person should receive ten years for their actions, they will devise charges, enhancements, and special allegations to negotiate a deal where they offer the person ten years in exchange for pleading guilty to certain charges.

Many people need help understanding this. Still, it makes sense if they think a certain amount of time is appropriate. Then, obviously, they will maneuver things to make that a reality. If the person doesn't take the ten years, for example, and the person is looking at life, they will take the offer away. 

They will attempt to prosecute the person and seek the highest possible sentence.

Mandatory Sex Offender Registration

Punishment in sex crime cases has gone up significantly. Specifically, in molestation cases involving children or young adults, the prosecutors show no mercy. They've got the judges behind them when it comes to seeking harsh penalties for these types of offenses.

Also, sex registration is a big thing in these molestation cases because people who have children want to know who's living around them in their neighborhood to protect their children.

The whole concept behind Megan's Law and the Megan's Law website is that people know who the child molesters are and who the sex offenders are, and they can take the appropriate steps to protect their families.

Another significant punishment in these cases is the requirement to plead guilty to a crime that results in sex offender registration. This not only labels the individual as a sex offender but also makes their information publicly available on the Megan's Law website, allowing the police and the public to track their whereabouts.  This, along with the prospect of many years in prison, underscores the severity of the consequences that prosecutors can seek in molestation-related offenses.

If you or a family member is charged with a molestation case, facing high bail and the prospect of significant time in custody, your best course of action is to seek the guidance of an experienced attorney. They will provide you with the necessary legal counsel and support, helping you navigate the complexities of the case.

Give them all the accurate information you know about the case, and then start to discuss some of the possible punishments with the attorney if you're going to have to plead guilty in the case, because the prosecutor has the evidence against you.

Different Types of California Child Molestation Crimes

There are many different California child molestation crimes, and all carry severe penalties. Child molestation crimes include:

• Penal Code 288(a)– Lewd or Lascivious Acts with a Child Under the Age of 14
• Penal Code 288(b) – Lewd or Lascivious Acts with a Minor by Force or Fear
• Penal Code 288(c) – Lewd or Lascivious Acts with a Child Age 14 or 15
• Penal Code 647.6 – Annoying or Molesting a Child
• Penal Code 288a – Oral Copulation with a Minor
• Penal Code 288.4 – Soliciting a Minor for Lewd Purposes
• Penal Code 288.5 – Continuous Sexual Abuse of a Child
• Penal Code 288.7 – Sex with a Child Under the Age of 10
• Penal Code 290 – Sex Offender Registration

Reviewing a Child Molestation Case with a Criminal Lawyer

That's another thing you want to discuss with the attorney — what evidence is vital in a child molestation case to prove the case, because then you can evaluate what punishment range the person falls in, because you're looking at what they're going to be charged with.

You're viewing the potential time in custody for specific charges.  You can't just generalize in molestation cases.  You need to consider all the factors I'm mentioning, and then consult with the attorney.  You need to determine who the judge is, who the prosecutor is, and where the courthouse is located.  It makes a big difference.

As I write this post, at least 25 courts in Los Angeles spread over a vast area, and some are harsher on molestation cases than others.  You can bet that all of them are going to be tough punishment-wise.

But there are specific courts where you know that the head prosecutor there has micro-managed the molestation cases and will make sure that people get their punishments in these cases, even more harshly than the rest of Los Angeles County.

Hedding Law Firm is a criminal defense firm located in the San Fernando Valley area of Los Angeles County, at 16000 Ventura Blvd #1208, Encino, CA 91436—call (213) 542-0979 for a free case evaluation.