Criminal Defense Attorneys Aggressively Defending People Accused of Lewd Conduct
The sex crime of lewd conduct criminal charges is covered under California Penal Code Section 647(a). It's basically defined as soliciting to engage or actually engaging in lewd acts in a public place or within public view. Lewd acts are the touching of your private parts for the purpose of sexual gratification or to annoy or offend another individual. Private parts include genitals, buttocks, or female breast.
Typically, a lewd conduct case involves a sex act in a public place, including oral sex, exposing genitals, or masturbation. A public place includes any place open to the general public or a place that is exposed to public view. This could include a vehicle parked on a public street, public bathroom, city parks, common hallway in an apartment complex, movie theaters, and massage parlor.
If you have been accused of soliciting or engaging in lewd conduct, you should immediately consult with a Los Angeles lewd conduct attorney at our law firm to thoroughly review the details of the alleged incident and discuss legal options. It's critical that you do not make any statements to Los Angeles police detectives. Exercise your legal right to remain silent.
Police Undercover Sting Operations for Lewd Conduct
Many lewd conduct arrests in Los Angeles County involve undercover sting operations by the Los Angeles police department. Typically, decoy police officers will pose as a gay man in a public bathroom, city park, and beaches. They will attempt to bait an individual into a sexual act of exposing themselves or masturbating. Normally, the undercover police officers are the only other individual present at the time of the alleged lewd conduct offense. The end result could be conflicting statements between the arresting officer and defendant. Many lewd conduct cases involve police entrapment, where they use improper tactics to induce a defendant to commit a crime.
If you are a facing a lewd conduct charges as a result of an undercover sting operation, call a Los Angeles lewd conduct lawyer at our office. Our defense attorneys know police will sometimes exaggerate in order to make a lewd conduct case when there was nothing more than simple eye contact or other legal behavior.
Lewd Conduct – CA Penal Code 647(a) – Elements of the Crime
In order for the Los Angeles County prosecutor to obtain a conviction, they must prove beyond any reasonable doubt the following elements of the crime:
- Defendant participated in conduct with another individual that involved touching of genitals, buttocks, or female breast
- The conduct was with the specific intent to sexually gratify themselves or to annoy or offend the other individual
- The conduct occurred in a public place or a place that was open to the public view
- At the time of the conduct, there was another individual present that could have been offended by the act
- The defendant should have reasonably known that the other individual might be offended
Every case of lewd conduct has its own set of unique circumstances and evidence. This is why it's important to speak with a Los Angeles lewd conduct defense attorney at our law office for more information about your specific criminal case.
Legal Penalties for a Lewd Conduct Conviction
If a defendant is convicted for lewd conduct case in Los Angeles County, it's a misdemeanor offense and the punishment could include six months in a county jail and a fine up to $1,000. However, informal probation is often ordered by local judges who can include counseling, AIDS test, fines, and instructions to stay away from the location where the lewd conduct incident occurred. While the law does not require mandatory registration as sex offender, the court may order registration if they find the defendant committed the lewd conduct offense out of sexual compulsion.
Legal Defenses against Lewd Conduct Charges
Legal defenses against lewd conduct charges will always depend on the facts and the evidence obtained by the prosecutor. The details need to be analyzed for any inconsistencies as to what actually happened during the alleged incident. An experienced Los Angeles lewd conduct lawyer from our law firm can use a variety of legal defenses, they include:
- The defendant was not in a public place or a place open to public view at the time of the alleged incident
- The defendant did not actually touch private parts or if private parts were touched, it was not for the intent of sexual gratification
- The defendant had a reasonable belief there was nobody present who might have been offended
- Police officer used entrapment to entice defendant into committing a criminal act they would have not otherwise committed
Our defense lawyers have a record of success defending our clients lewd conduct charges. For example, in one case in Burbank Superior Court, despite overwhelming against our client by the prosecutor, we were able to resolve the case without jail time or sex offender registration. In another lewd conduct case in Rancho Cucamonga Courthouse, our criminal defense attorneys were able to have our clients case dismissed due to law enforcement's violation of the Statute of Limitations, which was granted by the judge over the objection by the prosecutor.
Call a Los Angeles Lewd Conduct Defense Attorney
Just an accusation that you may have been involved in a lewd conduct incident can ruin your personal reputation and professional life. There is a lot of negative social stigma associated with any type of sex crime. Therefore, if you have been accused of lewd conduct, it's imperative you call a Los Angeles lewd conduct at our law firm as soon as possible. Avoiding a sex crime conviction is critical.
At Eisner Gorin LLP, our experienced criminal defense lawyers have a track record of success defending clients against sexual related charges. We treat every client with respect and dedicate the necessary resources required to obtain the best possible case outcome. Lewd conduct is a misdemeanor offense meaning our defense lawyers can make all court appearances on your behalf.
Call an experienced attorney from our law firm for a confidential free immediate response at 877-781-1570.