Los Angeles Lewd Conduct Defense Attorneys
Strong Defense Against Lewd Conduct Charges in Los Angeles
Lewd conduct charges are often used by police to harass innocent people. They may also result from the testimony of confused witnesses or someone with a vendetta. If these charges aren’t strenuously challenged by your lawyer, they can ruin your reputation and cost you your freedom. That’s why you’ll want to contact the experienced criminal defense attorneys at Werksman Jackson & Quinn LLP right away; we are one of the most sought-after criminal defense firms in the nation.
Our Los Angeles criminal lawyers have successfully defended famous clients in high-profile cases — and our firm has been featured on Fox News, Esquire, the BBC, CNBC, ABC News, and the Los Angeles Times.
Our offices are conveniently located near Grand Central Market, Bright Horizons at South Figueroa Street, and Manulife Investment Plaza. Call (213) 688-0460 to schedule your case review today.
What Is Lewd Conduct in Los Angeles?
Understanding the legal definition of lewd conduct and the potential consequences is the first step in building a robust defense strategy. California Penal Code § 647(a) defines lewd conduct as touching your own or another person’s genitals, buttocks, or breasts for sexual gratification in public. The essence of the law is that a lewd act occurred in a location where another person who was present could have been offended by viewing your actions.
Charges may be filed if it is alleged that you engaged in sexual activity in a public place. This may include intercourse, oral sex, exposing the genitals, masturbation, or touching your own or someone else’s genitals, buttocks, or breasts within public view.
A charge of lewd conduct in Los Angeles, even when not yet resolved in or out of court, is a source of embarrassment and poses the risk of damaging the reputation and professional standing of the accused. If you are accused of committing the crime of lewd conduct, you need to ensure you are represented by an accomplished sex crime defense attorney in Los Angeles who will discreetly manage every detail of defending against the charge.
What Are the Penalties for Lewd Conduct?
While the crime is a misdemeanor, the penalties can include up to six months in custody. In some cases, lewd conduct is charged with another sex offense and could lead to a lifetime requirement to register as a sex offender if convicted.
A conviction for lewd conduct may result in a criminal record, which can impact your future employment opportunities, housing options, and reputation. Specific penalties vary depending on the circumstances of the case, including the location of the act. If a minor is involved, conviction of lewd conduct may require you to register as a sex offender for at least 20 years.
Legal penalties for lewd conduct in California include:
- Mandatory counseling
- Fines up to $1000
- Probation
- Jail time
- Avoiding the incident location.
What the Prosecution Must Prove in a Los Angeles Lewd Conduct Case
Many people think that being charged with a crime automatically leads to a conviction, but everyone has the presumption of innocence under our legal system. You are entitled to due process and a strong legal defense, which will significantly influence your case outcome. It’s crucial for anyone facing these charges to recognize the seriousness of the situation and seek qualified legal assistance.
In a lewd conduct case, the prosecuting attorney must prove the following:
- The accused individual performed the act willfully.
- The intent behind the act was to sexually arouse or gratify the defendant or the other individual, or to annoy or defend another person.
- The act occurred in a public place or an area that allowed the act to be publicly visible.
- When the act occurred, another person who might be offended by observing the act was present.
- The accused individual knew or reasonably should have known that the other person might have been offended by witnessing the act.
Your Right to Remain Silent and Ask for a Lawyer
You have the right to remain silent, avoid self-incrimination, and seek legal counsel. In fact, you don’t have to say anything to law enforcement officers until your attorney is present. The best policy is to ask to speak with your attorney before any conversations with the police.
Following an arrest, you will be taken to the police station and booked for the crime. Officers are trained to gather information that could lead to a conviction, so be prepared for deceptive tactics and don’t take the bait. During interrogation, they may ask probing questions designed to elicit an incriminating response.
Police interrogators may try to present themselves as sympathetic listeners in an attempt to lower your guard. They might suggest that cooperation will lead to more lenient treatment, but this simply isn’t true. Whatever the police say or do, the safest response is to:
- Remain calm.
- Be respectful.
- Don’t say anything.
- Ask to speak with your lawyer.
Effective Legal Defense Against Lewd Conduct Charges in Los Angeles
The basis of a lewd conduct charge may be difficult to prove, as it must be fully established that the accused was aware that another person, who might be offended, could observe the accused touching the breasts, buttocks, or genitals with the intent of sexual gratification. There are many alternative reasons a person may touch another person’s body that are not related to sexual gratification.
Effective legal defenses against charges of lewd conduct include:
- Burden of proof: As the prosecutor must establish that the act took place in a location open to public view, these facts could be challenged on the basis that the accused person could not have reasonably known that another individual could view the act and would be offended.
- Entrapment: In some police sting operations, police operatives are tasked with convincing another person to perform a sexual act. Once the target of the operation agrees and removes their clothing — exposing breasts, buttocks, or genitals — an arrest is made. If it can be proven that the entire incident would not have occurred without the invitation from the police officer, it may be entrapment.
- False allegations: The charges may result from inaccurate or deceptive information provided by police or witnesses.
- Mistaken identity: You may have been charged with a crime that someone else actually committed.
- No sexual intent: It may have been an accident, or the reason behind the action was not related to achieving any type of sexual gratification.
Werksman Jackson & Quinn LLP Will Defend Your Freedom
The experienced Los Angeles lewd conduct defense lawyers at Werksman Jackson & Quinn LLP play a pivotal role in protecting your rights from the moment you are charged. Your lawyer will review the charges and examine the evidence against you, looking for any procedural missteps or violations of your rights by law enforcement.
Werksman Jackson & Quinn LLP will represent you every step of the way. Our attorneys negotiate with prosecutors, often securing lesser charges or even getting cases dismissed entirely. We will devise a defense strategy that includes challenging the evidence against you, questioning the credibility of witnesses, and preventing the prosecution from proving its case beyond a reasonable doubt.
Call our firm for a free initial consultation today: (213) 688-0460.
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