Child Molestation Defense in Victorville

Trial-Tested Defense for Penal Code Section 288 Charges

Child molestation accusations require a defense focused on the exact charge, the evidence, and the prosecution’s ability to prove criminal intent. At Brian Skibby Law Office APC, we defend people facing these allegations in Victorville with more than 25 years of criminal defense experience.

We’ve successfully handled hundreds of court trials across Victorville and Southern California. Our long-standing relationships with local judges and prosecutors have given us practical familiarity with San Bernardino County’s legal environment. We build each defense around the individual facts of the case.

Call (909) 695-0095 for a free consultation about a child molestation accusation, investigation, or criminal charge in Victorville.

Charges Under California Penal Code Section 288

California law covers several forms of alleged lewd or lascivious conduct involving minors. The specific subsection matters because the required elements and potential penalties differ based on the child’s age, the accused person’s age, and whether force or duress is alleged.

Common charge categories include:

• Section 288(a): This provision addresses a willful lewd or lascivious act involving a child under 14 when allegedly committed with the intent to arouse, appeal to, or gratify sexual desire.
• Section 288(b)(1): This charge involves an alleged lewd act on a child under 14 through force, violence, duress, menace, or a threat placing the child in fear of immediate unlawful bodily injury.
• Section 288(c)(1): This provision applies when the alleged victim is 14 or 15 and the accused person is at least 10 years older.

A minor can’t legally consent to a lewd act under California law. A defense may instead examine whether the act was willful, whether the required sexual intent existed, and whether the accusation accurately describes what occurred.

Potential Penalties for Child Molestation Charges in Victorville

Potential consequences depend on the charged subsection, alleged facts, criminal history, and applicable sentencing enhancements. A section 288(a) conviction carries three, six, or eight years in prison and a fine of up to $10,000. A conviction under section 288(b)(1) carries five, eight, or 10 years in prison and a fine of up to $10,000.

Section 288(c)(1) is a wobbler, meaning prosecutors may file it as either a felony or misdemeanor. A felony conviction carries a prison term of one, two, or three years. A misdemeanor conviction carries up to one year in county jail.

Other consequences may include:

• Three Strikes consequences: A lewd act against a child under 14 is classified as a serious and violent felony and counts as a strike under California’s Three Strikes Law.
• Sex offender registration: A first section 288(a) conviction generally requires Tier II registration for 20 years. Tier III lifetime registration applies to a subsequent conviction or a section 288(b)(1) conviction involving force or duress.
• One Strike sentencing: California’s One Strike law can impose 15 years to life when one qualifying aggravating circumstance applies. Two or more qualifying circumstances, or a prior qualifying sex offense conviction, can result in 25 years to life.
• Continuous sexual abuse: Section 288.5 carries six, 12, or 16 years in prison and a fine of up to $10,000.

Sentencing laws are highly charge-specific. We examine the filed counts, alleged enhancements, and prosecution’s evidence rather than treating every accusation as though it carries the same exposure.

Defense Issues in Child Molestation Cases

No defense applies automatically to every allegation. The available facts and admissible evidence determine whether the defense should address intent, the accuracy of an accusation, identification, or violations of constitutional protections during searches and questioning.

Intent & Willfulness
Section 288 requires proof of a particular mental state, not merely proof that contact occurred. We may challenge whether an alleged act was willful or committed with the sexual intent required by the charged statute. The surrounding circumstances and the prosecution’s evidence are central to that analysis.

False Allegations & Identification
We raise false-allegation defenses when the evidence supports them, including when accusations arise during custody disputes. A defense may also challenge the reliability of an identification, inconsistencies in an account, or other evidence bearing on the accusation’s accuracy.

Searches & Questioning
Constitutional protections limit how law enforcement may conduct searches and obtain statements. We examine whether officers respected those protections during an investigation and questioning. When evidence was obtained improperly, we can raise the issue through the procedures available in the criminal case.

Direct Support Throughout the Criminal Case

We remain directly involved with our clients throughout their legal proceedings. Our hands-on support reflects each client’s circumstances, including the allegations, procedural posture, and available evidence.

After reviewing the accusation and available information, we develop a tailored defense strategy. As new evidence emerges and charging decisions or court proceedings change the case, we adjust our focus accordingly.

Discuss Your Defense Options in a Free Consultation

Contact us to discuss the accusation, the current stage of the investigation or case, and your options for moving forward. We offer free, convenient virtual consultations and 24/7 emergency legal assistance.

Affordable rates and flexible payment plans make it easier for prospective clients and their families to explore representation without assuming cost must prevent an initial conversation.

Call (909) 695-0095 to speak with us about child molestation defense in Victorville.