PENAL CODE 288.7: Sexual Assault of a Child 10 Years and Younger

What is Penal Code 288.7 in California?

Being accused of a crime under PENAL CODE 288.7 in California is one of the most serious allegations a person can face. The law deals with sexual assault against children 10 years old or younger and brings extremely harsh penalties, including life imprisonment.

Types of Offenses Covered Under Penal Code 288.7

PENAL CODE 288.7 explicitly criminalizes two specific actions for persons of age 18 or older involving a child aged 10 years or younger:

  1. Sexual Intercourse: Sexual intercourse with a child under 10 years of age is a felony and is considered one of the most serious crimes in California.
  2. Oral Copulation or Sexual Penetration: Engaging in any act of oral copulation or sexual penetration irrespective of the age of consent or compulsion also falls within this statute.

Penalties for Violating Penal Code 288.7

1. Criminal Penalties for Sexual Assault of a Child

A conviction under PENAL CODE 288.7 carries life-altering consequences. California imposes strict penalties, including:

  • 25 Years to Life in Prison: For engaging in sexual intercourse with a child under 10 years old.
  • 15 Years to Life in Prison: For acts of oral copulation or sexual penetration involving a child under 10 years old.

These penalties reflect the seriousness of the offense and the state’s commitment to protecting children from exploitation.

2. Sentencing Enhancements for Aggravating Factors

There are certain factors which can enhance the severity of the penalties. These are:

  • Infliction of Physical Harm: If the child sustains injuries during the assault, then the court may add more years to the jail term.
  • Multiple Victims: Where the case involves several victims, the judge can give a consecutive sentence for each count.
  • Prior Convictions: If the person has a previous record of similar offenses, he or she will face severe punishments which may include life imprisonment without parole.

3. Collateral Consequences

A conviction under PENAL CODE 245(a)(4) carries more than just criminal penalties. You may face:

  • Loss of Employment Opportunities: Most employers would not give a chance to an employee with a violent crime on his/her record.
  • Immigration Issues: For non-citizens, a conviction can lead to deportation or other immigration-related problems.
  • Loss of Gun Rights: It causes loss of the right to bear arms or own firearms when one is convicted.
  • Social Stigma: It has a great effect on one’s personal life and social status since it has a criminal record.

Legal Defenses Against Penal Code 288.7 Charges

False Allegations or Mistaken Identity

False allegations are not uncommon in cases pertaining to PENAL CODE 288.7. These accusations can be made to seek revenge, out of misunderstanding, or can be done in an effort to gain control over child custody or divorce proceedings. A Los Angeles criminal defense lawyer can look into the credibility of the accuser and find proof that supports the allegations.

Lack of Evidence or Credible Witness Testimony

In many cases, there may be insufficient evidence to support the allegations. The prosecution must prove guilt beyond a reasonable doubt, and without solid physical evidence or reliable testimony, a conviction cannot stand. An experienced attorney can challenge the admissibility and reliability of the evidence presented.

Misunderstanding of the Accusation

At times, actions or situations are misunderstood, and this makes one being charged under PENAL CODE 288.7. A defense attorney can assist in explaining the events that transpired and produce evidence to support the claim that the accusations were made based on misconceptions or misunderstandings of the actions of the accused.

Steps to Take If You Are Accused of Violating Penal Code 288.7

1. Contact a Criminal Defense Attorney Immediately

Your first step should always be to consult an experienced Los Angeles criminal defense lawyer. Early legal intervention is crucial for building a strong defense. A lawyer can:

  • Advise you on how to handle police questioning.
  • Begin gathering evidence to refute the charges.
  • Represent you in court and negotiate on your behalf.

2. Avoid Discussing the Case Without Legal Counsel

Do not discuss your case with anyone other than your attorney. Anything said by an individual to your friends, family, or the police can be taken and presented in court as evidence against the speaker. Even small talk or what is put on social media websites can be used against an individual in court.

3. Preserve Evidence and Gather Supportive Documentation

Collect and safeguard any evidence that supports your innocence. This may include:

  • Alibi documentation, such as receipts or travel records.
  • Witness statements confirming your location at the time of the alleged offense.
  • Communication records that counter the accuser’s claims.

Providing this information to your attorney can significantly strengthen your defense.

How DCD LAW Can Help Defend Your Case

Proven Expertise in Defending Against Penal Code 288.7 Cases

At DCD LAW, we have handled many cases that are quite complicated and fall under the PENAL CODE 288.7. We know the seriousness of these charges and the consequences that they can have on your life and future. Our legal team is well-versed with the California criminal justice system and we will make sure that we pull all the resources to ensure you get the best legal defense.

Tailored Defense Strategies to Fit Your Case

Here at DCD LAW, we make it our business to listen to the details of your case. As such, our approaches to beat the system include- undermining the credibility of the accuser, challenging the evidence presented or even coming up with other possible scenarios; this is with the aim of making sure that you get the best result.

Commitment to Protecting Your Rights and Reputation

We understand how devastating allegations under PENAL CODE 288.7 can be to your personal and professional life. Our commitment goes beyond legal representation; we aim to protect your reputation and ensure your rights are upheld throughout the process.

We are ready to help you!

Work with an experienced criminal defense attorney, and a team that has successfully defended more than 1000 clients. Get started with us today.

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Firm’s Presentation

Frequently Asked Questions About Penal Code 288.7

What Constitutes Sexual Assault Under Penal Code 288.7?

Sexual assault under PENAL CODE 288.7 is any sexual intercourse, oral copulation, or sexual penetration with a child under the age of 10 years. The law is very strict, and one of the things that the law does not accept is consent as a defense. This alone is sufficient to cause legal implications hence it is advisable to seek legal advice as soon as possible.

Can I Avoid a Life Sentence If Convicted?

Yes, in fact, in certain situations, a life sentence may be avoided. Such factors as lack of evidence, plea agreements, or mitigating circumstances can make a difference in sentencing. A skilled Los Angeles criminal defense attorney will do his best to reduce the charges or consider alternative sentences depending on your specific case.

How Can a Defense Attorney Challenge the Prosecution’s Case?

A defense attorney can challenge the prosecution’s case by questioning the reliability of evidence, the credibility of witnesses, and the integrity of the investigative process. They may also uncover procedural errors, mishandled evidence, or inconsistencies in the accuser’s testimony. Every weakness in the prosecution’s case becomes an opportunity for your defense.