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Child Molestation Defense Attorney in Walnut Creek
Defending Penal Code 288 Allegations in Contra Costa County
A child molestation charge under California Penal Code 288 is one of the most serious allegations a person can face. The consequences can move fast and cut deep before any verdict is reached. I’m Tom McKenna, and I’ve spent more than three decades defending clients in Contra Costa County courts against criminal charges, including allegations of lewd or lascivious acts and other sexual offenses. My practice centers on giving every client a complete picture: what the charge means, what’s at stake, and what legal options are available.
Penal Code 288 defines child molestation as a willful, lewd act committed on a child under 14, or causing the child to touch the defendant, with intent to arouse or gratify sexual desire. California treats this as a felony, and the law is written broadly enough that allegations don’t require physical evidence to move forward. That’s why contacting a defense attorney immediately matters.
If you or someone you know is facing a child molestation allegation in Walnut Creek, don’t speak with investigators or family members about the allegations before calling my office. Call (925) 744-8404 for a free consultation.
Why Walnut Creek Clients Facing These Charges Come to My Firm
Handling a sex crime case requires more than legal knowledge. It demands discretion, a steady approach, and a complete absence of judgment. I represent clients on the presumption of innocence, regardless of the nature of the allegation, and I treat each one with respect from our first conversation to the resolution of the case.
My practice has been rooted in Contra Costa County for my entire career. I know the prosecutors who file these cases, the judges who preside over them, and the procedures at the Contra Costa County Superior Court. That familiarity shapes how a case is approached from the very beginning. Attorneys and court staff alike have referred clients to my firm, which reflects the reputation I’ve built through consistent, diligent representation in sensitive matters.
What California’s Child Molestation Law Actually Covers
Penal Code 288 has three subdivisions that carry different penalties depending on the circumstances. Understanding which applies to your situation is the first step in building a response.
The three subdivisions of Penal Code 288:
- Penal Code 288(a): A willful, lewd act on a child under 14 with sexual intent, punishable by 3, 6, or 8 years in state prison
- Penal Code 288(b)(1): The same conduct committed by force, violence, duress, menace, or fear, punishable by 5, 8, or 10 years in state prison
- Penal Code 288(c)(1): Applies when the child is 14 or 15 and the accused is at least 10 years older; this subdivision can be charged as either a misdemeanor or a felony
One point that surprises many people: a child’s apparent consent isn’t a legal defense in California. Minors can’t legally consent to sexual conduct, so that argument carries no weight in court.
Consequences Beyond the Prison Sentence
A conviction under Penal Code 288 can affect nearly every part of a person’s life. Prison time is only the beginning. A conviction may result in sex offender registration under Penal Code 290, a permanent criminal record, and potential loss of a professional license. For parents, it may also affect custody or visitation rights. The social and reputational damage can follow a person long after any sentence is served.
California uses a three-tier sex offender registration system with minimum registration periods of 10 years, 20 years, or life, depending on the specific offense and the individual’s case history. A lewd act on a child under 14 is classified as both a serious and violent felony, which can mean it counts as a strike under California’s Three Strikes Law. A prior strike can significantly increase penalties for any future conviction.
Building a Defense Against Child Molestation Allegations
Cases are different, but the defense always starts in the same place: a thorough investigation of the allegation itself. I examine the evidence, the source of the accusation, and the circumstances surrounding it before settling on a strategy.
These cases often come down entirely to a child’s account, with no physical evidence and no confession. That puts the credibility of the accusation at the center of the defense. Common approaches include challenging whether the touching occurred as described, arguing that any contact was accidental rather than intentional, and examining whether the alleged intent to arouse was actually present. False accusations can also arise from family conflict, custody disputes, or a child being coached by an adult. Those situations call for careful investigation of the accuser’s history and the circumstances surrounding the disclosure.
I give clients an honest assessment of their case, including the realistic likelihood of different outcomes. When the evidence is strong, I look at every avenue to contest it. When the odds of acquittal aren’t in a client’s favor, I work to reduce the severity of potential penalties and protect as much of their future as possible. I don’t make promises about results, but I commit full effort toward the best available resolution.
How a Child Molestation Case Moves Through Contra Costa County
Most cases begin with an arrest and booking, followed by the Contra Costa County District Attorney’s office deciding whether to file formal charges. Once charges are filed, the case proceeds to arraignment, where the defendant enters a plea. From there, it moves through pretrial hearings and motions, which are often where the most important legal battles take place. If the case isn’t resolved at that stage, it goes to trial at the Contra Costa County Superior Court.
My familiarity with local procedures and personnel gives my clients an informed advocate at every stage, from how charges are framed at filing to how evidence is handled in pretrial motions.
Facing a Child Molestation Allegation in Walnut Creek? Call Before You Say Anything
The single most important step you can take right now is to stop talking about the allegation. Don’t discuss it with investigators, family members, or anyone else until you’ve spoken with an attorney. Anything said before legal counsel is involved can be used against you, often in ways that can’t be undone.
I offer a free initial consultation to discuss the charges, walk through your legal options, and answer your questions honestly. My firm is small by design, which means you work directly with me, not a rotating cast of associates.
Call (925) 744-8404 to reach Law Office of Thomas F. McKenna and get an attorney who knows these courts on your side from day one.
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They showed that they care and are responsible throughout the process.
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