Burbank Lewd Conduct
Allegations of Burbank Lewd Conduct pursuant to California Penal Code Section 647(a) can be a major source of stress and embarrassment for those who find themselves charged with this offense. Similar to prostitution offenses or sex crimes, Burbank Lewd Conduct carries extensive consequences, including potential lifelong sex offender registration if the prosecution also adds on a charge of indecent exposure in violation of California Penal Code Section 314 PC..
Burbank Lewd Conduct is not defined as any one particular act. The offense involves engaging in sex or sexually-related activity in a public place. This may include providing or receiving oral sex, exposing one’s genitals or public masturbation. Law enforcement sets up sting operations in and around public restrooms, parks and beaches in order to catch people engaging in this conduct.
Because it is law enforcement conducting the sting, it is often the case that the only person present when an alleged lewd act takes place is a law enforcement officer. Because of this, what is presented as evidence in the incident reports is generally the officer’s version of the facts, which may be significantly different than what actually transpired. Pitchess Motions can be utilized by very experienced Burbank Lew Conduct Defense Attorneys to uncover improper conduct by the officer, such as entrapment or evidence of false testimony. These prior accusations can potentially be used to undermine the officer’s credibility in Burbank Lewd Conduct prosecutions.
Burbank Lewd Conduct is a misdemeanor-level offense. The maximum sentence for this offense is a year in jail, sex offender counseling/education classes, court fines and stay away orders. In certain cases, the prosecutor can seek related charges that would require the defendant to register for life as a sex offender.
To prove Burbank Lewd Conduct under California Penal Code Section 647(a), the prosecutor must be able to establish all of the following elements; that the accused intentionally touched the genitals, buttocks or breasts (for females) of another, that this touching was made for the accused’s sexual gratification or to annoy or offend the other party, that this occurred in a public place, that another party who could have been offended was present and that the accused should have known that the other person was present. Those who engage in Burbank Lewd Conduct and those who solicit others to engage in such conduct can be equally charged under the statute.
In many cases, Burbank Lewd Conduct charges carry companion charges of Burbank Indecent Exposure under California Penal Code Section 314. Burbank Indecent Exposure is a misdemeanor that is punishable with a year in jail. It is defined as the public exposure of one’s genitals or female breasts. A Burbank Indecent Exposure conviction automatically requires lifelong Sex Offender registration.
Certain defenses can be raised in contesting Burbank Lewd Conduct allegations. In instances where the officer may have lied or exaggerated in prior cases, these prior actions can be used to undermine the officer’s credibility. Additionally, the law regarding entrapment in California prevents law enforcement from inducing a normally law abiding person to commit crimes they would not normally commit. Therefore, if an officer in a sting operation pushes their role too far and gets aggressive, there could be a potential entrapment defense.
Charges of Burbank Lewd Conduct can cause immense stress for a person accused of such conduct, because of the embarrassing nature of the charges and the devastating consequences that can occur. Due to this, it is imperative that you have Burbank Lewd Conduct Defense Attorney Michael Kraut represent you from immediately after the arrest and throughout the case. He understands that charges of this nature are highly sensitive and thus will appear on his client’s behalf to spare the embarrassment of having to personally appear in court. In many instances, Mr. Kraut has been able to intervene prior to charges being filed to prevent criminal filing altogether. As a former deputy district attorney with over 14 years of prosecutorial experience, Mr. Kraut is highly respected by prosecutors and law enforcement alike as a fierce defender of his client’s rights. Mr. Kraut was assigned as a senior trial attorney for the Los Angeles County District Attorney’s Office assigned to the Burbank Courthouse.
For more information about Burbank Lewd Conduct, and to schedule your free consultation, contact Burbank Lewd Conduct Attorney Michael Kraut at the Kraut Law Group located at 2600 West Olive Avenue, 5th Floor, Burbank, CA 91505. Mr. Kraut can be reached 24/7 at 888-334-6344 or 818-563-9810.