Facing allegations of child molestation in California can leave you unsure not only what to do but what will happen next. California’s legal system treats these accusations seriously, and the potential consequences of being found guilty can be life-changing. 

At the Law Office of Gregory H. Comings, we defend clients against accusations, helping them understand their rights and options as we guide them through every step. We carefully scrutinize and challenge the state’s evidence whenever we can. If you have been accused of child molestation, read on to learn what to expect, then contact the Law Office of Gregory H. Comings today. 

The Immediate Aftermath: What to Expect

When someone is accused of child molestation, law enforcement typically begins investigating promptly. In the initial stages, the investigation often involves:

  • Contact by law enforcement—detectives may approach you for questioning, or officers might serve a search warrant at your home;
  • Mandatory reporting—allegations frequently arise from mandatory reporters, such as teachers or medical professionals, who are legally required to report suspected child abuse; and
  • Arrest or detention—if law enforcement believes there is sufficient evidence, they may arrest and detain you.

Contact an attorney promptly, remain calm, and do not speak to law enforcement without your lawyer present.

Defining Child Molestation and Related Offenses

Child molestation may involve several offenses under the California Penal Code, including the following:

  • Lewd or lascivious acts with a child—to touch or otherwise behaving in a way intended to sexually arouse either a child under age 14 or a child aged 14 to 15 if the accused is 10 years older or more;
  • Annoying or molesting a child—to do something motivated by sexual interest toward a minor, including inappropriate communication, gestures, or actions; and
  • Continuous sexual abuse of a child—to engage in three or more sexual acts with a child under 14 over at least three months.

Depending on the specific allegations, the state may charge you with related offenses, too, like:

  • Statutory rape,
  • Possession of child pornography,
  • Sexual acts with a child under 10 years old,
  • Incest,
  • Sexual penetration with a foreign object,
  • Sodomy with a minor, or
  • Oral copulation with a minor.

Being charged with additional offenses can exacerbate the potential consequences, making it crucial to contact a lawyer as soon as possible.

The Legal Process

Once law enforcement becomes aware of the accusations against you, the legal process continues through the following steps:

  • Investigation. Law enforcement gathers evidence, conducts interviews, and may obtain search warrants, which they provide to a state prosecutor.
  • Formal charges. Once the prosecutor reviews the evidence, they compare it to the law and determine whether to file criminal charges.
  • Arrest or summons. After the prosecutor files charges, you receive notice of the accusations against you, typically through an arrest or a court summons.
  • Arraignment. Your arraignment is your first court appearance, where you hear the charges against you and inform the court whether you are pleading guilty, not guilty, or no contest.
  • Pretrial hearings. At hearings before trial, the state, your lawyer, and the judge address evidentiary issues, allowing your attorney to negotiate with prosecutors and potentially secure a reduction or dismissal of charges.
  • Trial. If you do not reach a plea deal, you go to trial, where the state presents its evidence against you, and your lawyer presents a defense before a judge or jury.

At every stage of this process, your lawyer represents you and seeks ways to minimize potential harm.

Potential Consequences of a Conviction

Being convicted of child molestation or a related offense can lead to severe and life-altering penalties. The specific consequences depend on the charges and circumstances but may include:

  • Prison or jail time. Convictions of child molestation or related offenses can result in significant prison sentences, ranging from one to 15 years, depending on the severity of the allegations.
  • Fines. Convictions often include substantial fines, up to $10,000 for felony offenses, in addition to court costs and restitution to victims.
  • Sex offender registration. Convicted individuals are required to register as sex offenders under California’s Sex Offender Registration Act, resulting in significant restrictions on housing, employment, and travel.

Given the gravity of these consequences, having experienced legal counsel who can mount a vigorous defense is essential.

Defenses Against Child Molestation Allegations

Effective defenses against child molestation charges vary by the specific allegations in your case. Some common defenses include:

  • Challenge the evidence—examining the credibility of the accuser, questioning forensic evidence, and identifying inconsistencies in witness statements;
  • Lack of intent—demonstrating that you did not have sexual intent; or
  • Fabrication of claims—highlighting ulterior motives behind the accusations, such as custody disputes or personal vendettas.

Each case is unique, so the best defense strategy in your case depends on the charges and the evidence against you.

Why You Need a Lawyer

Allegations of child molestation are among the most severe accusations someone can face, with consequences that can alter your life forever. These cases require a deep understanding of California’s legal system, skillful navigation of the criminal process, and a defense tailored to your circumstances.

At the Law Office of Gregory H. Comings, we are committed to providing thorough, detail-oriented representation to protect your rights and future. Our team investigates the allegations against you, closely examines the state’s evidence, and works tirelessly to achieve the best possible outcome for your case. If you or someone you know has been accused of child molestation in California, contact us today for a confidential consultation. 

References:

  • California Penal Code § 288: Lewd or Lascivious Acts with a Child, link.
  • California Penal Code § 647.6: Annoying or Molesting a Child, link.
  • California Penal Code § 288.5: Continuous Sexual Abuse of a Child, link.
  • California Penal Code § 288.7: Sexual Acts with a Child Under 10, link.
  • California Penal Code § 261.5: Statutory Rape, link.
  • California Penal Code § 311.11: Possession of Child Pornography, link.
  • California Penal Code § 285: Incest, link.
  • California Penal Code § 289: Sexual Penetration with a Foreign Object, link.
  • California Penal Code § 286: Sodomy with a Minor, link.
  • California Penal Code § 287: Oral Copulation with a Minor, link.
  • California Penal Code § 1170: Sentence of Imprisonment, link.
  • California Penal Code § 1192.7: Definition of Serious Felony, link.
  • California Penal Code § 1203: Probation, link.