Child Molestation Attorney in Fresno

Aggressive Defense for PC 288 Charges Throughout Fresno County

A child molestation accusation changes everything before a single charge is filed. Reputations, careers, and families bear the weight of an allegation immediately, and law enforcement moves fast. At Schweitzer & Davidian, we defend the accused, exclusively. Eric Schweitzer and Annie Davidian bring more than 25 years of combined California trial experience to every case, at both the state and federal level, and we’ve never worked for the prosecution. If you’re facing charges under California Penal Code 288 in Fresno County, call us now for a free consultation.

Time matters when charges are this serious. Contact our Fresno child molestation defense attorneys at (559) 206-2322 to speak directly with our team and get immediate guidance on your case.

What California Penal Code 288 Actually Covers

California Penal Code 288 criminalizes lewd or lascivious acts committed on a child with the intent to arouse or gratify sexual desire. Skin-to-skin contact isn’t required; touching over clothing can satisfy the statute if prosecutors can establish intent. That intent element matters, and we’ll return to it when discussing defense strategies.

The charge structure varies significantly depending on the alleged conduct and the ages involved:

• PC 288(a): Lewd acts with a child under 14, the baseline felony count
• PC 288(b)(1): The same conduct accomplished through force, violence, duress, menace, or fear of immediate and unlawful bodily injury
• PC 288(c)(1): Lewd acts with a child aged 14 or 15 when the accused is at least 10 years older
• PC 288.5: Continuous sexual abuse of a child, defined as three or more acts of substantial sexual conduct over at least three months

Prosecutors can charge each alleged act as a separate count, which multiplies exposure rapidly. Related charges such as PC 647.6, annoying or molesting a child, may also be filed and don’t require any physical contact. Understanding exactly how the complaint is structured is one of the first things we do when we take a case.

Penalties a Conviction Can Carry Under PC 288

The consequences of a conviction reach far beyond prison time, though prison time alone is severe. Sentencing ranges depend on the specific subsection charged and the facts of the case, and a judge retains discretion within those ranges:

• PC 288(a): 3, 6, or 8 years in California state prison
• PC 288(b)(1): 5, 8, or 10 years in state prison; probation is not available under this subsection
• PC 288(c)(1): 1, 2, or 3 years in state prison, or up to one year in county jail if charged as a misdemeanor
• PC 288.5: 6, 12, or 16 years in state prison

Every PC 288 conviction counts as a strike under California’s Three Strikes Law. A second strike doubles the sentence; a third can mean 25 years to life. Fines of up to $10,000 may be added on top of incarceration.

Beyond the prison sentence, a PC 288 conviction can trigger sex offender registration requirements under Penal Code 290, depending on the conviction and applicable law. California uses a tiered registration system, and the tier that applies to you determines how long you must register. Registration can require annual updates and re-registration any time you move, and your information may appear on a public listing that affects employment searches, housing applications, and community life. Civil liability exposure is also a real possibility. These are the stakes we’re fighting against.

Defense Strategies We Pursue in Child Molestation Cases

We start where the police report ends. Our defense investigation examines every layer of the prosecution’s case, because child molestation charges are rarely as straightforward as they appear on paper.

False or Mistaken Accusations

These charges arise in contexts where motivation to fabricate exists: custody disputes, family conflict, and misunderstandings that escalate into formal complaints. False accusations are a documented reality in sex crimes cases, and identifying the circumstances surrounding the initial report is foundational to the defense.

Intent as a Required Element

PC 288 requires proof of sexual intent. Accidental touching, innocent physical contact, and ambiguous conduct don’t satisfy the statute. The prosecution must prove intent beyond a reasonable doubt, and we hold them to that standard.

Forensic Interview Reliability

Many PC 288 cases rest almost entirely on a child’s testimony with no physical evidence. We examine how forensic interviews were conducted, whether leading questions shaped the child’s account, and whether the protocols used meet accepted standards. These are legitimate and important challenges, not attacks on a child witness.

Constitutional Violations

Miranda rights violations, coerced statements, and warrantless searches of phones or computers can provide grounds to suppress evidence before trial. If investigators overreached during the investigation, we pursue suppression aggressively.

Alibi & Mistaken Identity

An alibi placing our client elsewhere at the relevant time is a direct defense. Mistaken identity also arises in cases where a child has genuinely been harmed but the wrong person was identified. Both require early, thorough investigation to develop effectively.

We handle cases involving both adult and juvenile defendants, and we’re prepared to take a case to trial in Fresno County Superior Court when that is what the client’s situation demands.

Why Fresno County Clients Choose Schweitzer & Davidian

The Fresno County District Attorney’s Office prosecutes child molestation cases vigorously. Having a child molestation lawyer in Fresno who knows how these cases are charged, investigated, and tried locally is a meaningful advantage.

Eric Schweitzer has practiced criminal defense since 1995. We accept only cases where we believe the client has a fair chance at justice, which means every client we take gets focused attention, not divided bandwidth. We receive referrals from other law firms throughout Fresno County, keep clients informed at every stage, and include them in every key decision from the first call through resolution. Bilingual services are available; Spanish-speaking clients are welcome. We serve clients throughout Fresno County, including Clovis and Visalia, at both the state and federal levels, and we’ve helped many clients pursue removal of sex crime convictions from their records after a favorable outcome, opening doors to employment and community participation that a conviction would have closed.

Start Your Defense Today

The earlier we get involved, the more options we may be able to pursue. We offer a free consultation to anyone facing PC 288 charges in Fresno County, and we take immediate action once we’re retained. Don’t wait to reach out to a child molestation attorney in Fresno.

Call Schweitzer & Davidian at (559) 206-2322 or reach us through our online contact form to schedule your free consultation. We’re ready to hear your case.