Molestation Charges in California — Defending Against the Most Serious Allegations
Child molestation charges under Penal Code § 288 carry some of the most severe sentences in California's criminal code — three to eight years for a base offense, with enhancements that can reach into decades. A conviction means mandatory lifetime sex offender registration. The allegations themselves, regardless of outcome, can destroy careers and families. At the Law Office of Nic Cocis, we defend § 288 charges in Murrieta and throughout Southwest Riverside County with the seriousness and preparation these cases demand. Nic Cocis has handled serious felony cases in these courts for over 25 years and brings that experience to the defense of every charge at this level.
How California Charges Child Molestation
Penal Code § 288 — The Statute and Its Variations
Section 288(a) makes it a felony for any person to willfully and lewdly commit any lewd or lascivious act on a child under 14 years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the defendant or the child. The base sentence is three, six, or eight years in state prison.
Section 288(b) — force, violence, duress, menace, or fear — elevates the sentence to five, eight, or ten years. The presence of any coercive element transforms the base offense into a more seriously charged crime.
Section 288(c) covers lewd acts on children ages 14 and 15 when the defendant is ten or more years older than the victim. It’s a wobbler — chargeable as a misdemeanor or a felony — with substantially lower sentencing exposure than § 288(a).
Multiple counts. Charges involving multiple alleged incidents or multiple alleged victims result in multiple counts, each carrying its own sentence. California Penal Code § 667.61 — the “One Strike” law — mandates 25 years to life in certain circumstances involving child victims and specified sexual offenses.
Lifetime sex offender registration under Penal Code § 290 is mandatory for all § 288 convictions. Tier 3 — the most serious tier — attaches to most § 288(a) and (b) convictions.
How These Cases Are Built
Child molestation prosecutions often rest heavily on the alleged victim's testimony. Physical evidence is frequently absent or inconclusive. The child's account — told initially to a parent or trusted adult, then to investigators, then in a forensic interview, and ultimately in court — is the core of the prosecution's case.
The forensic interview, typically conducted by a trained specialist at a child advocacy center, is recorded and becomes a central evidentiary document. The consistency of the child's account across multiple tellings — and any inconsistencies between them — is often the most important element of the defense analysis. Children's memories are genuinely malleable, and investigative interview techniques that don't comply with established protocols can introduce contamination into an account that then becomes the basis for prosecution.
How We Can Help
The defense in a § 288 case is built on the evidence — the forensic interview, the consistency of the allegations, the circumstances of the initial disclosure, and any physical evidence. We examine every element with the scrutiny the stakes require.
Analyzing the forensic interview for compliance with established protocol
Examining the circumstances of the initial disclosure and who was present
Retaining child memory and forensic interview experts where the interview methodology is contested
Challenging physical evidence interpretation
Investigating the relationship between the parties and any motive for false accusation
Evaluating the specific counts and sentencing exposure on each
What to Expect When You Work with Us
01
Forensic Interview Analysis
We obtain the forensic interview recording and examine it against established interview protocols — the NICHD Protocol and similar guidelines. Interviews that used leading questions, that repeated questions after the child gave an answer, or that introduced information the child hadn't volunteered may have contaminated the account. Expert witnesses can address these methodology issues at trial.
02
Disclosure Circumstances Investigation
How and to whom the disclosure was first made matters significantly. A child who disclosed immediately and spontaneously presents differently than one whose account emerged after repeated questioning by an adult with a stake in the outcome. We investigate the full disclosure history.
03
Physical Evidence Review
Where medical examination evidence is presented, we retain independent medical experts to assess the findings. Medical indicators once thought specific to abuse have in many cases been shown to have innocent explanations. Independent medical review is essential in cases where physical evidence is offered.
04
Trial Preparation
§ 288 trials require exhaustive preparation — the jury pool, the expert witnesses, the cross-examination of the complaining witness, and the presentation of the defense narrative. Nic Cocis has tried serious felony cases in Southwest Riverside County courts for over 25 years and understands what these trials require.
Why Choose the Law Office of Nic Cocis?
Serious Felony Trial Experience
Has handled the most serious charges in California’s criminal system
Expert Witness Network
Works with forensic interview experts and independent medical reviewers
Investigative Approach
Examines the full disclosure history and context of the allegations
Multilingual Services
English, Romanian, and Spanish available
Frequently Asked Questions
Facing Molestation Charges in Murrieta?
Contact the Law Office of Nic Cocis for a confidential consultation. We serve clients in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Canyon Lake, French Valley, and throughout Southwest Riverside County.
