NORTH BAY LEWD CONDUCT DEFENSE LAW FIRM – PENAL CODE 647(A) PC
Sonoma County and Marin County defense attorney Michael A. Fiumara knows how often people are falsely accused of lewd conduct and he knows how to defend you in this type of case.
Please call our office if you are facing this crime. Mr. Fiumara and his team are sensitive to the serious nature of this offense and we may be able to make all court appearances for you so that you will be spared the embarrassment of a public courtroom.
Mr. Fiumara knows that all too often police falsely arrest people for this offense which can lead to you losing your job, your freedom, and requiring you to register as a sex offender for life.
Our law firm knows that keeping you out of jail and avoiding a criminal record are very important to our clients.
Lewd conduct is not one specific type of offense; virtually all of them involve sex in a public place. These acts include receiving or giving oral sex in public, exposure of genitals in public and public masturbation.
Most often, police target public rest rooms and beaches. In fact, many times the undercover officer is the only other person in the restroom at the time the act is committed. The result is two conflicting statements, one by the officer and the other by the person charged with the offense.
A solid defense is crucial to a successful resolution to these charges. Often, the officer will have been accused in the past of either “planting evidence” or falsifying reports. A good defense attorney will investigate those accusations and attempt to show that the current crimes did not occur or that a defendant has been overcharged.
Lewd conduct can only be charged as a misdemeanor. That means that the maximum sentence is a jail sentence of one year. In some cases, the prosecution may require that the person must be documented as a sex offender. This label is forever.
There are two types of lewd conduct offenses: engaging in lewd conduct and soliciting another to engage in lewd conduct.
If a person is charged with engaging in lewd conduct, the prosecution must prove that the person willfully engaged, while in a public place, in touching their, or another person’s, genitals, buttocks or female breast with the intent to sexually arouse or gratify themselves or another person, or for the purpose to annoy or offend another person. There must be another person in the public place who might be offended by the conduct. Finally, the prosecutor must prove that at the time the person committed the conduct, the person knew or should have known that someone might be offended by the conduct.
In order for the prosecution to prove a crime of soliciting lewd conduct, they must prove that the person charged with the crime must have requested that another person, who is in a public place, engage in the touching of genitals, the butt or breast of a woman. Further, the prosecution must prove that the person charged wanted to sexually gratify themselves or someone else, and that a third person who is present might have been offended by the conduct.
California Penal Code Section 314 PC states that if an individual knowingly exposes his or her genitals or breasts in public, offending others, he or she has violated the law and will be punished accordingly. This crime is a misdemeanor and is punishable by up to one year in custody.
California Penal Code Section 647(A) PC states that if a person solicits another person, or who engages in lewd or sexual conduct in a public place, can be charged with this crime. In most cases this crime is charged when a person has some sort of sexual activity in a public park or in a parked car. In some cases there are police sting operations to apprehend people for this charge.
If you have been charged with lewd conduct in Santa Rosa, San Rafael or anywhere else in the North Bay of California, it is important that you seek the services of a criminal defense attorney with extensive experience defending lewd conduct charges.
Fiumara & Milligan Law, PC understand the serious nature of this offense, how best to defend you, and how to resolve your case without you going to jail.
For more information about the various ways to handle a North Bay lewd conduct case, and to schedule your free consultation, contact Fiumara & Milligan Law, PC today.