Vista DUI Lawyer and Criminal Attorney Peter M. Liss

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San Diego CHILD MOLESTATION defense attorney

San Diego CHILD MOLESTATION LAWYER

Attorney Peter M. Liss can help you if you were arrested or believe you may be under investigation for a sex crime against children in San Diego County, including child molestation, lewd or lascivious acts with a minor, statutory rape, attempting to meet a child for sex, sexually harassing a minor, or soliciting a minor for sex.  He can also help you if you are facing a potential “third strike” under the three-strikes law or failing to register as a sex offender.

Mr. Liss has tried over 100 criminal jury trials and personally defended many people in your situation who have been arrested and charged with these serious sex crimes. If you need a skilled, experienced criminal defense attorney with a track record of success, please contact his offices at (760) 643-4050 for a free consultation. He guarantees clients will receive top-quality representation for a reasonable fee.

About Child Molestation Charges in San Diego

Child molestation is one of the most stigmatizing criminal offenses. But though everyone is familiar with the term, few people actually understand what the crime consists of. If you have been accused of any type of sexual assault against a child, contact a criminal defense lawyer as soon as possible because attempting to defend yourself could result in your saying something that could be used as a confession.

What Crimes are Child Molesters Typically Charged With?

The most commonly filed child molestation charges in California involve someone being accused of inappropriately touching a young minor. What most people call “child molestation” is most commonly charged as lewd and lascivious acts with a child under the age of 14 under Penal Code 288 (PC) of California law.

While it’s not as common as lewd acts against a child under 14, it is also possible for those accused of these acts to be charged for sexual acts against a minor 15 or over if the defendant is more than 10 years older than the alleged victim.

While these lewd acts need not be explicitly sexual, they must be sexually gratifying for at least one of the people involved with the activity.

What Other Charges Are Possible?

There is also a crime called annoying or molesting a child under 18 (sometimes called sexually harassing a minor), which does not involve touching a child but acting sexually toward a minor. This crime, filed under penal code 647.6 (PC), occurs when someone motivated by a sexual interest in children disturbs a child, irritates a minor, or intends to be observed by a child. In this case, it does not matter if the victim is actually under 18 as long as the offender believes the child is under 18.

If the Minor Initiated the Activity, is it Still Child Molestation?

Yes. When it comes to child molestation laws, it doesn’t matter if the minor consented or even initiated an activity because minors are not legally able to consent to such behavior. If you were involved with an act intended to cause sexual stimulation or pleasure, you can be charged with child molestation.

Can I be Guilty of Child Molestation if I Never Touched the Child’s Genitals or Even Their Bare Skin?

It doesn’t matter what part of the child’s body you touched or what clothes they were wearing; if you touched a child with the intent of causing sexual arousal or gratification to you or the child, it is considered child molestation. Even if you only had the minor touch themselves or touch you, but you never even touched them, you have still violated the law. If you believe someone misunderstood an innocent situation, tell your attorney before speaking with the police.

Should I Talk to The Alleged Victim or Their Parents if They Call Me?

never speak with someone who has accused you of a crime

No. One common way police obtain confessions for these crimes is to have the child or their parent call the suspect while police record the call. The child or parent will often use charged statements to get the suspect to admit guilt, for example, by saying the child is now having nightmares or that classmates are teasing them about what happened. Even saying, “I’m sorry” during these conversations can often be used as a confession of guilt.

If you have been accused of any sex crime involving a child, do not answer phone calls from anyone you do not know. Screen your calls with voicemail and if you do accidentally answer a phone call from someone involved with the case, do not discuss the accusations and say that you will call your lawyer. Once you hang up, follow through and contact your attorney to tell them what happened.

What Penalties are there for Child Molestation Charges in California?

Penalties for even a first offense of lewd acts with a minor can be severe. The exact charges will vary based on the specific acts involved, whether the child was under the influence of fear, force, or drugs, and the child’s age. In most cases, these charges are felonies, and sentencing can include up to 8 years in state prison, $10,000 in fines, and mandatory registration as a sex offender.

accused child molester

You may also lose the right to see your children or be in the presence of children. Some convicted child molesters are even required to undergo chemical or surgical castration as part of their probation.

Penalties for annoying or molesting a child under 647.6 (PC) are less severe and typically do not exceed one year in jail or prison. If you have a prior conviction for rape of a victim under 16, continuous sexual abuse of a child, or lewd acts with a child though, you could face up to six years in prison for this crime. This crime does require mandatory registration as a sex offender.

Sex Offender Registration Laws

As a registered sex offender, your name, address, and the crimes you were convicted for will be available on the public Megan’s Law database for anyone to see. You will also have to check in with the local government every time you move or get a new employer. You may also be barred from living in certain areas and working in certain jobs. Depending on the crime, if you travel out of the country, your passport could identify you as a sex offender.

Failure to register yearly can result in new criminal charges. In some cases, your San Diego child molestation lawyer may be able to have the charges against you reduced, but even then, you will still usually be required to register under Megan’s Law.

false child molestation accusations

Call a San Diego Child Molestation Attorney Immediately

These consequences are dire, and you should not take them lightly. If you have been accused of any sexual act against a minor, contact a skilled lawyer experienced in defending sex crimes as soon as possible —even if charges have not been filed yet. An attorney like Peter Liss can help protect you against false accusations that may ruin your reputation, as well as improper and illegal search and seizure methods.

Additionally, if formal charges are filed, Mr. Liss can help minimize the publicity around the case to protect your privacy and reputation from the damaging title of “child molester.” Regardless of the specifics, he can help you obtain the best case results under all relevant facts and laws.

Defenses Against Child Molestation Accusations

Sex offenses against children are serious offenses with complicated defenses. Under US law, a defendant is presumed innocent until proven guilty. Still, if you have been accused of any sexual activity involving a child, you’ll have an uphill battle as you attempt to protect your reputation. Having a top defense attorney help you with the process is critical when you have been accused of such an emotionally charged crime as sexual assault against a child.

What Types of Defenses Are Available?

There are many defenses for these crimes. If anyone involved with the accusations could benefit from your conviction, such as an ex-spouse hoping to gain custody, your criminal defense lawyer should bring that connection to light. Another common defense is the “tainting” of a child’s memory through suggestive or leading interviews by a teacher, parent, therapist, or law enforcement officer. Similarly, sometimes the defendant is the victim of mistaken identity because they resemble someone else who harmed the child.

Police must investigate cases involving lewd and lascivious acts with a minor under the age of 14 properly under the law, so if the police uncover any evidence illegally, your attorney may be able to have this information suppressed from the case. The law considers suspects innocent until they can be proven guilty beyond a reasonable doubt, so the charges should be dropped if there is a lack of evidence to convict you.

Is it a Defense to Child Molestation to Claim I Thought the Juvenile was Over 18?

Not under 288 (PC). In these cases, it does not matter how old you believed the victim to be; it only matters how old they actually are. Do not talk to the police or even the victim unless you have your attorney present or what you say could harm your case.

 Interestingly, this is a strong defense against annoying and molesting a child under 18 charges since this offense requires you to believe the individual to be a minor, regardless of age.

What You Say Can Hurt Your Case

Unfortunately, many people do not recognize that child molestation does not need to involve touching in a sexual area or on bare skin; there need not be any touching between the participants at all. If you are accused of getting a child to touch their own body —even through clothing, you can still be charged with molesting a child. Also, sexual arousal or pleasure need not have occurred as long as the person accused of child molesting intended the act to cause sexual arousal or gratification. Lastly, with cases filed under 288 (PC), it does not matter if you believed the child to be over 18 or if they consented.

Do Not Discuss the Case Without Your Lawyer Present

Remember, what you say can be used against you, and even things you say to defend yourself may still be turned around on you and harm your defense later on. Police often arrange recorded phone calls between the alleged victim and the person accused of abusing them, hoping the defendant will say something that can be used as a confession -even something as simple as an “I’m sorry.”

You should never speak to the police, the alleged victim, the victim’s parents, or the District Attorney without your child molestation defense attorney present to provide you with knowledgeable and relevant legal advice throughout your entire ordeal.

Lewd Acts With a Minor?

288 (PC) illustration

Protect Your Reputation

Because sex crimes against children are so highly publicized and vilified, those accused of these acts are often judged long before they enter the courtroom. Your friends, family, co-workers, and neighbors may develop a drastically different opinion of you if they hear about the accusations against you. A good child molestation defense lawyer will help you work to keep the charges as private as possible.

biased jury

Your Right to a Fair Trial

While juries are supposed to remain impartial, jurors may subconsciously judge you as soon as the court reads the charges against you. Because an unbiased jury is critical to a fair trial, it is up to your child molestation attorney to remind the jury that they must be unprejudiced.

I’m available, let’s talk

Related Offenses

Crimes Involving Children

It is common for those accused of child molestation to be charged with similar offenses. These may include:

  • Child abduction
  • Child abuse
  • Child pornography
  • Human trafficking
  • Pimping
  • Soliciting sex with a minor
  • Statutory rape

Sex Crimes in San Diego

Those accused of child molestation may also be charged with other sex offenses. These may include:

  • Criminal invasion of privacy
  • Forced sodomy
  • Forced oral copulation
  • Indecent exposure
  • Penetration with a foreign object
  • Rape
  • Revenge porn
  • Sextortion

Child Molestation Lawyer

attorney peter liss

San Diego Sex Crime Defense

As a graduate of the University of California, Berkeley Law School, Peter Liss has over 40 years of experience handling many cases involving sex crimes against children. His client testimonials prove that he cares about his client’s wellbeing and future.

Thanks to his 24-hour, live, in-person answering service, Mr. Liss is available all day, every day. He will call you back as soon as possible because he understands how intimidating it can be to face criminal charges.

Convenience and Affordability

Peter Liss is the only attorney in his firm, and he personally handles every case that comes through his door. He guarantees top-quality service at reasonable rates. He accepts all major credit cards and offers free consultations at his law firm office located across the street from the Vista courthouse and jail.

Fight These Terrible Charges

Peter Liss has represented many people like you who have been arrested in San Diego County for sex offenses against children. Additionally, he has defended many clients whose offense was a potential “third strike” under the three-strikes law or who have failed to register as sex offenders.

How Mr. Liss Can Help You

Advising You on the Case

From the beginning, he will advise you on what to do regarding police contacts, turning yourself in, not saying things that could harm your defense, and more. He will also evaluate the best possible defenses based on your specific situation.

Building the Best Defense

Mr. Liss will work to uncover any cracks in the prosecution’s case, questioning witnesses and police investigators. If you have an alibi or can establish a reasonable motivation for the alleged victim or their parents to lie, he will present this information to investigators. And he will work with professionals such as psychologists to provide evidence on your behalf to show you do not have the profile of a sex offender.

Working in the Court System

Peter Liss will work fervently on your behalf to have you released on bail, to file court motions on your behalf, to have the charges against you reduced, and to negotiate a plea bargain that could minimize the sentence you may face.

How to Contact Attorney Peter Liss

For skilled IMMEDIATE help with a San Diego sex crime against children defense, call Child Molestation Attorney Peter M. Liss:

(760) 643-4050or(858) 486-3024

Call 24/7, any time, any day. I can help you.

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  • Attorney Peter M. Liss
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About the Legal Information on This Website

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified criminal defense attorney.

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