Child Molestation

Child Molestation Attorney in Orange County

Former Orange County Public Defender Defending PC 288 Charges

A charge under California Penal Code 288 doesn’t wait for a conviction to change your life. The accusation alone can cost you your job, your relationships, and your professional license. I’m Alan Castillo, and I’ve defended serious criminal charges in Orange County for over 30 years. From 1998 to 2000, I worked as an Orange County Public Defender, which means I know how this county builds these cases and what it takes to challenge them. That background is directly relevant to your defense.

I’ve handled more than 5,000 cases and conducted over 100 trials. When you hire me, you work with me directly, not with a paralegal or associate attorney.

If you or someone you know is facing a child molestation accusation in Orange County, call me now at (949) 234-6525. Consultations are free, confidential, and available 24/7.

What California Penal Code 288 Actually Covers

PC 288(a) defines a lewd or lascivious act as any willful, lewd touching of a child under 14 with the specific intent to arouse, appeal to, or gratify the sexual desires of the accused, the child, or another person. The law doesn’t require that arousal actually occur. It requires only that the act was committed with that intent. The touching doesn’t need to involve bare skin either. Contact through clothing qualifies if the intent was sexual.

The statute also covers situations where the accused directs a child to touch themselves, the accused, or another person for sexual purposes. Each discrete act is a separate criminal count under PC 288, regardless of how closely together they occurred.

Related charges Orange County prosecutors frequently file alongside or instead of PC 288(a) include:

PC 288(b)(1): Lewd acts accomplished by force, violence, duress, menace, or fear, carrying higher mandatory prison terms
PC 288(c)(1): Lewd acts with a child aged 14 or 15 when the accused is at least 10 years older, a separate charge with a different sentencing range
PC 288.5: Continuous sexual abuse of a child, charged when three or more acts of substantial sexual conduct with a child under 14 occur over at least three months by someone who resides in the same home as the child or has recurring access to the child
PC 647.6: Annoying or molesting a child under 18, which doesn’t require physical contact and can be charged even when no touching occurred

Penalties for a PC 288 Conviction in California

Orange County prosecutors pursue PC 288 charges aggressively, and the sentencing exposure is severe. A conviction under PC 288(a) carries 3, 6, or 8 years in California state prison. PC 288(b)(1), involving force or fear, carries 5, 8, or 10 years. A PC 288.5 continuous sexual abuse conviction carries 6, 12, or 16 years. PC 288(c)(1) may be charged as a felony carrying 1, 2, or 3 years in state prison, or as a misdemeanor carrying up to one year in county jail. Courts may also impose fines of up to $10,000 upon conviction under PC 288(a) or (b).

Because each separately charged count carries its own sentence, multiple counts can result in consecutive prison terms that far exceed any single-count exposure.

Beyond prison, every PC 288 conviction requires mandatory sex offender registration under Penal Code 290. California’s tiered registration system places most PC 288 convictions at Tier 2 (minimum 20 years on the registry) or Tier 3 (lifetime registration). A PC 288 felony conviction also counts as a strike under California’s Three Strikes Law. A defendant with two prior strikes who is convicted of a third qualifying felony faces 25 years to life.

Collateral consequences extend further: barriers to employment and housing, professional license revocation, residency restrictions near schools and parks, and serious immigration consequences for non-citizens.

Why I Defend PC 288 Cases in Orange County

My two years as an Orange County Public Defender gave me a ground-level view of how this county investigates and prosecutes serious sex crimes. I understand how detectives build these cases, how prosecutors approach PC 288 at trial, and where the weaknesses typically appear. That institutional knowledge shapes every case I take now.

I hold 39 five-star ratings on Avvo and a high peer-reviewed rating at Martindale-Hubbell for legal knowledge, analytical capability, judgment, and communication. The National Trial Lawyers named me a Top 100 Trial Lawyer. OC Metro Magazine and Coast Magazine have both recognized me as a Top Attorney in Orange County, and Stanford’s Who’s Who in American Law recognized me as an Outstanding Lawyer and Legal Professional in 2010. I’m a member of the National Association of Criminal Defense Lawyers, the California Attorneys for Criminal Justice, and the California Public Defenders Association.

What matters most to my clients is simpler: they can call me directly, they hear from me, and they know where their case stands.

Start Your Defense with a Free, Confidential Consultation

A child molestation charge in Orange County demands immediate legal attention. The earlier I get involved, the more legal options may be available. I offer free, confidential consultations, and I’m reachable 24/7 by phone, email, or chat.

Call Alan Castillo - Attorney at Law now at (949) 234-6525 to speak with me directly.

Defense Strategies in PC 288 Cases

The prosecution must prove every element of a PC 288 charge beyond a reasonable doubt, including the specific intent to arouse or gratify sexual desire. If the touching was accidental, incidental, or made for a non-sexual purpose, the required mental state isn’t present and the charge can’t stand. Challenging specific intent is often a direct path through a PC 288 case.

Beyond intent, several defense angles arise frequently in these cases:

False accusations: Allegations sometimes emerge during custody disputes, acrimonious divorces, or situations where a child has been coached by an adult with a motive to harm the accused. The consistency, timing, and origin of the accusation all matter.
Forensic interview problems: Children are susceptible to incorporating suggested information into their recollections. Forensic interviews that used leading or suggestive questioning techniques can be challenged as unreliable.
Age threshold: Each charge under PC 288 applies to a specific age range. If the alleged victim doesn’t meet the threshold for the charged offense, a conviction on that count isn’t possible.
Mistaken identity: Where physical or forensic evidence doesn’t corroborate the identification, mistaken identity may be raised.
Constitutional violations: Warrantless or overbroad searches of electronic devices, Miranda violations, and coerced statements can result in suppression of key evidence under Penal Code 1538.5.

In cases that rest primarily on a child’s testimony without corroborating physical evidence, credibility and consistency become the central issues at trial. I’ve cross-examined witnesses in over 100 trials. That experience matters when credibility is the question.

What to Do After an Arrest or Accusation

The decisions made in the first hours after an arrest or accusation can affect the direction of a case. The most important: don’t speak to law enforcement without an attorney present. The right to remain silent applies immediately upon arrest, and anything said to investigators can be used at trial. Child molestation investigations frequently involve prolonged interrogations designed to produce admissions, and high-pressure techniques can generate statements that appear incriminating even when the accused is innocent.

A few other steps matter immediately:

Don’t contact the accuser or the child’s family. Any attempt to explain or reach out can be characterized as witness tampering, which compounds the legal situation significantly.
Preserve relevant records. Communications, location data, and documents that establish context or timing, particularly anything connected to a custody dispute or the relationship between the parties, can support a defense. Preserve these with attorney guidance before anything is deleted or lost.
Address electronic device seizures promptly. Phones, computers, and tablets are commonly seized in PC 288 investigations. I can evaluate whether the search warrant was properly obtained and whether evidence obtained through it should be suppressed.

Professional License Consequences of a PC 288 Charge

For licensed professionals, a child molestation arrest sets off a second legal process that runs alongside the criminal case. When a licensed professional in California is arrested and fingerprinted, the California Department of Justice reports that arrest to the relevant licensing board. A conviction then triggers a mandatory disclosure obligation: most licensed professionals must report a misdemeanor or felony conviction to their board, though reporting deadlines and triggers vary by board.

Licensing boards in fields such as medicine, dentistry, nursing, and teaching treat sex crime convictions as grounds for disciplinary action, up to and including suspension or revocation of the license. That consequence can arrive independently of any prison sentence and can follow a practitioner for the rest of their career.

I represent licensed professionals before 57 boards, bureaus, and departments that oversee approximately 256 different professions in California. For clients who hold a professional license, I handle both the criminal defense and the board proceeding as a coordinated defense, so neither side of the case is managed in isolation. If you’re a licensed professional facing a PC 288 charge in Orange County, call (949) 234-6525 to discuss both risks with me directly.

Continue Reading Read Less

Testimonials

Our Clients Matter To Us

Hard to find a lawyer that has the skill, legal mind and experience that you get in Alan Castillo.

Dyke
"If you want the best then you want Alan Castillo. You want the attorney who knows more more than just the Law. In addition to the Law, Alan knows the legal system so incredibly well and his intuition is brilliant."

Bill
"Alan Castillo is an absolutely an amazing attorney! He always does what he says and he delivered extremely incredible results, even more than I expected. He literally saved my livelihood and life. Thank you Alan."

Pete

Why We're the Right Choice

Put Your Future in Experienced Hands

Over 30 Years of Experience Since 1994 Criminal Law & Professional License Defense
More Than 5,000 Cases Handled
Award-Winning Defense Team
High Quality & Personalized Representation
Available for Calls 24/7
Free Consultations

Tell Us About Your Case

Start with a Free Consultation

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Alan Castillo - Attorney at Law at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy