Los angeles defense attorneys

Child Molestation Attorney in Los Angeles

PC 288 Defense Backed by 30+ Years Inside the DA’s Office

A California Penal Code 288 accusation doesn’t wait for trial to cause harm. Reputations, jobs, and families fracture the moment an investigation opens. At Stein & Markus, we defend clients against child molestation charges throughout Los Angeles, and we do it with something most defense firms can’t offer: Joseph A. Markus spent over 30 years as a Deputy District Attorney for Los Angeles County and Orange County before joining the defense side. That background gives us direct insight into how the DA’s office evaluates PC 288 cases, builds intent arguments, and weighs witness credibility.

What you say to law enforcement before retaining counsel can shape every stage of your case. Our team is available 24/7, and we represent clients from the first contact with investigators through arraignment, pretrial motions, and trial if necessary. We handle both state and federal charges and offer free initial consultations. Hablamos Español.

If you’re under investigation or have been arrested on child molestation charges in Los Angeles, call our defense attorneys immediately at (562) 512-7030. Time and what you say next both matter.

Why Prosecutorial Insight Changes PC 288 Defense

The Los Angeles County District Attorney’s office dedicates units to sex crimes against children. These prosecutors are experienced, aggressive, and trained to move cases forward even when physical evidence is limited. Defending against them requires knowing how they think, and that knowledge is built from practice, not theory.

Joseph A. Markus tried serious felony matters across multiple divisions of the Los Angeles County DA’s office, including sexual predator case types, complex homicides, and death penalty litigation. Andrew M. Stein brings the trial depth required when charges carry life-altering sentences. Together, our team approaches every PC 288 case by anticipating prosecution strategy from the inside and building the defense around it. We serve clients throughout Los Angeles, including Bellflower, Downey, Long Beach, Norwalk, South Gate, Manhattan Beach, and Santa Monica.

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What California Law Defines as Child Molestation

California Penal Code 288 defines child molestation as lewd or lascivious acts with a child, meaning touching a child under 14 with sexual intent or causing a child to touch themselves or another for sexual purposes. The contact doesn’t have to be skin-to-skin or involve penetration; contact over clothing is enough to support a charge. What the prosecution must prove is sexual intent. Touching with a caregiving, medical, or accidental purpose doesn’t satisfy the statute.

The charge carries different subsections based on the circumstances:

PC 288(a): Lewd acts on a child under 14 without force or violence
PC 288(b)(1): The same conduct accomplished through force, duress, menace, or fear
PC 288(c)(1): Lewd acts with a 14- or 15-year-old victim when the defendant is at least 10 years older

PC 647.6, a separate statute, covers annoying or molesting a child under 18 and extends to non-physical conduct, including phone, written, and online communications. A minor’s consent is not a legal defense under any of these statutes.

Penalties for a PC 288 Conviction in Los Angeles

The sentencing ranges for child molestation convictions in California are severe, and the collateral consequences extend well beyond prison time.

Prison terms by subsection:

PC 288(a): 3, 6, or 8 years in state prison
PC 288(b)(1): 5, 8, or 10 years; defendants must serve 85% of the term
PC 288(c)(1): 1, 2, or 3 years

Sex offender registration under PC 290:

A PC 288(a) conviction may require Tier 2 registration for a minimum of 20 years, though the designation can reach Tier 3 lifetime registration depending on individual circumstances
A second or subsequent conviction, or any PC 288(b)(1) conviction, requires Tier 3 lifetime registration

PC 288(a) is classified as both a serious and violent felony under California’s Three Strikes law, meaning a prior conviction can escalate sentencing for a future felony. California’s One Strike law under Penal Code 667.61 can raise the base sentence to an indeterminate life term when qualifying circumstances apply, such as multiple victims, use of a weapon, or kidnapping.

Beyond imprisonment and registration, a conviction carries loss of professional licenses, loss of firearm rights, civil lawsuit exposure, and permanent reputational damage. For non-citizens, a PC 288 conviction can trigger removal proceedings.

Defense Strategies for PC 288 Cases

Every child molestation case in Los Angeles turns on a narrow set of contested issues. Because Joseph A. Markus spent over 30 years as a Los Angeles County prosecutor, we understand how the DA’s office weighs intent, evaluates witness credibility, and relies on forensic child interviews to build its case. That knowledge shapes how we challenge each element from the defense side.

Challenging Sexual Intent

The prosecution must prove sexual intent beyond a reasonable doubt. Touching with an innocent purpose such as caregiving, a medical examination, or accidental contact doesn’t satisfy PC 288. When the facts support it, we build the defense around the absence of criminal intent, using context, relationship history, and witness testimony to undermine the prosecution’s interpretation of the alleged conduct.

Attacking Forensic Interview Reliability

Many PC 288 cases rest entirely on a child’s testimony with no corroborating physical evidence. The reliability of that testimony depends heavily on how the child was interviewed. Forensic interviews conducted with leading questions, repeated questioning, or adult suggestion can produce unreliable statements. We examine interview recordings and methodologies, and where the process was flawed, we challenge both the statements and the interviewer’s qualifications.

False Allegations

False accusations arise in contentious custody disputes, situations involving misunderstood innocent contact, and cases where a child has been coached by an adult with an agenda. Identifying the origin of an allegation and exposing the circumstances that produced it is often central to a viable defense.

Alibi & Evidence Suppression

If the accused had no access to the alleged victim at the time and place of the alleged offense, alibi evidence can undermine the charge. Separately, evidence obtained without a proper warrant, in violation of Miranda rights, or through coercive interrogation may be suppressed under PC 1538.5 or constitutional grounds, potentially removing critical prosecution evidence from the case.

Early Intervention Before Charges Are Filed

Retaining a Los Angeles child molestation defense attorney before formal charges are filed gives us the opportunity to engage investigators, challenge the evidentiary basis for charges, and in some cases persuade the DA’s office not to file. A recantation by the alleged victim doesn’t automatically end the case; prosecutors may press forward if they believe outside pressure caused the recantation. Acting early and acting strategically are both essential.

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How a PC 288 Case Moves Through the Los Angeles Court System

Investigations typically begin with a report to Child Protective Services or law enforcement. Teachers, therapists, healthcare professionals, and other mandatory reporters are legally required to report suspected abuse. Once a report is made, law enforcement may conduct forensic interviews of the child and interrogate the accused. Anything said to investigators without an attorney present can be used against you, which is why retaining counsel before any interview is an important step you can take.

If the DA’s office concludes that sufficient evidence exists, formal charges are filed. The case then moves through arraignment, discovery, pretrial motions, plea negotiations, and, if no resolution is reached, trial. Bail in PC 288 cases is typically set high, and many defendants navigate the process from custody. California has eliminated the statute of limitations for many PC 288 offenses committed on or after January 1, 2017, under Penal Code 799, meaning charges can arrive years or decades after an alleged offense. For offenses that predate that change and where the prior limitations period had not yet run, prosecution can generally be commenced any time before the victim’s 40th birthday under Penal Code 801.1.

Joseph A. Markus served as a supervising deputy in the Compton Hardcore Gang Division and across multiple divisions of the Los Angeles County DA’s Office. That experience gives our team direct familiarity with how charging decisions are made in Los Angeles County and how cases are managed from the inside. We represent clients at every stage: investigation, arrest, arraignment, pretrial motions, plea negotiations, and trial.

Speak with a Los Angeles Child Molestation Defense Attorney Today

The decisions made in the earliest days of a PC 288 investigation shape everything that follows. Stein & Markus is available around the clock for clients throughout Los Angeles, including Bellflower, Downey, Long Beach, Norwalk, South Gate, Manhattan Beach, and Santa Monica. Free initial consultations are available, and we offer Spanish-language representation.

Contact Stein & Markus now for a confidential consultation. Call (562) 512-7030 to speak with our child molestation defense attorneys today.

Related Charges Filed in Los Angeles Child Molestation Cases

PC 288 is the central statute in most child molestation prosecutions, but it’s rarely the only charge the DA’s office considers. The specific statutes charged directly affect sentencing exposure, registration requirements, and defense strategy.

PC 647.6 – Annoying or Molesting a Child: A misdemeanor for a first offense but a felony on a second conviction or when the accused has a prior sex crime conviction. Applies to any child under 18 regardless of physical contact, including conduct through phone, internet, or written communications.
PC 288.5 – Continuous Sexual Abuse of a Child: Charged when three or more acts of substantial sexual conduct or lewd or lascivious conduct occur over a period of at least three months with a child under 14, by someone who resides with or has recurring access to the child. Prosecutors can’t charge both PC 288 and PC 288.5 for the same conduct, time period, and victim.
PC 288.7: Applies when the victim is under 10 years old and carries a sentence of 25 years to life.
PC 288.4 – Arranging a Meeting with a Minor for a Lewd Purpose: Can be charged without any physical contact. A defendant who actually appears at the arranged location faces up to 4 years in state prison.
PC 288.3 – Contacting a Minor with Intent to Commit a Specified Offense: Applies to online and digital communications and may be charged based on intent alone, without any in-person meeting.
PC 261.5 – Unlawful Sexual Intercourse with a Minor: May be charged in cases involving older teenagers when the age and age-gap elements of PC 288(c)(1) aren’t satisfied.

A conviction under any PC 288 subsection, PC 647.6, or the related statutes listed above can require sex offender registration under Penal Code 290. The tier and duration of registration depend on the specific conviction and any prior record. Understanding which charges are filed and why affects every decision in a case, from pretrial motions to whether a plea makes strategic sense.

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