You need the best defense. We have helped thousands of people get their criminal charges dismissed or reduced.
Indecent Exposure Attorney in Walnut Creek
Three Decades of Criminal Defense Applied to Your PC 314 Case
A California Penal Code section 314 allegation can affect far more than the immediate criminal investigation. It may raise concerns about arrest, employment, professional licensing, relationships, reputation, and possible sex-offender registration consequences. Before speaking with investigators or making decisions about the case, you should understand the accusation and your rights.
At Law Office of Thomas F. McKenna, I provide focused criminal defense counsel to people accused or charged in Walnut Creek and throughout Contra Costa County. I examine what allegedly occurred, what evidence exists, and what the prosecution would have to prove.
Call (925) 744-8404 to discuss the accusation and your next legal steps.
What California Penal Code Section 314 Requires
California Penal Code section 314 prohibits the willful and lewd exposure of a person or private parts in a public place or where others are present to be offended or annoyed. The basic offense is a misdemeanor, although prior convictions and certain allegations involving unauthorized entry into an inhabited dwelling can affect the potential charge and punishment.
CALCRIM 1160, the California jury instruction addressing this offense, requires more than proof that exposure occurred. “Willful exposure” means the act was intentional. “Lewd intent” means the accused intended to direct public attention to the genitals for sexual arousal, sexual gratification, or the purpose of sexually offending another person.
The prosecution generally must prove these elements beyond a reasonable doubt:
- The accused willfully exposed the genitals in another person’s presence.
- The other person might have been offended or annoyed by the exposure.
- The accused intended to direct public attention to the genitals for a legally prohibited sexual purpose.
Intent, Context, & Evidence
Public nudity, accidental exposure, urination, an emergency, or sexual activity in a vehicle or private setting doesn’t automatically establish every required element. The location, visibility, people present, statements made, and conduct surrounding the event can all affect the legal analysis.
I review witness accounts, surveillance recordings, photographs, dispatch records, body-camera footage, police reports, and the circumstances of any questioning. This evidence may reveal conflicting accounts or factual disputes involving identity, willfulness, location, or intent.
Potential Consequences of a PC 314 Charge
An accusation isn’t the same as a conviction. The charging documents, alleged conduct, and individual circumstances determine the potential consequences. A first violation is generally charged as a misdemeanor, while repeat convictions and certain allegations involving unauthorized entry may carry different punishment provisions, including possible felony treatment.
A qualifying conviction may also create duties under California’s tiered sex-offender registration system. Registration requirements and potential relief depend on the offense of conviction, prior record, applicable statutes, and individual circumstances. They shouldn’t be assumed or dismissed without a case-specific review.
Other concerns that may require careful evaluation include:
- Employment and background-check consequences.
- Professional licensing or disciplinary action.
- Immigration consequences when applicable.
- Effects on housing, custody, or family relationships.
- Reputational harm and social stigma.
Personalized Criminal Defense in Walnut Creek
I have devoted more than three decades of courtroom work to criminal defense, and my practice focuses entirely on this area of law. Sensitive sex-crime allegations demand respectful communication, careful factual analysis, and direct advice about the available legal options.
My small-firm approach allows me to give each client personal attention throughout the case. I explain the charge and potential consequences, investigate the circumstances, assess weaknesses or errors in the prosecution’s evidence, and prepare for negotiations or court proceedings as appropriate.
My representation centers on:
- Direct communication: I explain the legal issues without unnecessary jargon.
- Thorough investigation: I evaluate the evidence, witnesses, location, statements, and police conduct.
- Local familiarity: I understand the criminal procedures and personnel serving Contra Costa County.
- Individual strategy: I base the defense on the evidence and actual allegations, not assumptions tied to the charge.
The PC 314 Defense Process in Contra Costa County
The appropriate next step depends on whether police are investigating, an arrest or citation has occurred, prosecutors have filed a complaint, or a court date is already scheduled. I begin by determining the current stage and identifying any decisions that require immediate attention.
Representation may include:
- Evidence preservation and review: Gathering available recordings, reports, photographs, communications, and witness information.
- Charging analysis: Comparing the alleged conduct with each element required by Penal Code section 314.
- Statement review: Examining police questioning, reported admissions, and the circumstances of any interview.
- Early court preparation: Preparing for arraignment, typically the first hearing at which the charge and plea are addressed.
- Negotiations and motions: Raising evidentiary or legal issues and negotiating when appropriate.
- Trial preparation: Organizing witnesses, exhibits, legal arguments, and challenges to the prosecution’s proof.
Contra Costa County Superior Court processes misdemeanor and felony matters through the county court system. Timing and procedure vary based on the charge, custody status, filing decisions, and assigned court calendar. I explain what applies at each stage rather than relying on a generic timeline.
Respectful Counsel for a Sensitive Accusation
Client testimonials describe the service they received as attentive, timely, caring, and respectful. I take that trust seriously, particularly when an allegation carries personal stigma and requires a candid discussion of private facts.
Understand Your Options Before Making Case Decisions
If you’ve been accused, questioned, arrested, cited, or charged, I can review the circumstances, explain the potential consequences, and identify the decisions that need attention. More than three decades of criminal defense experience inform the direct, personalized counsel I provide to clients in Walnut Creek and throughout Contra Costa County.
No consultation can determine an outcome in advance, but a case-specific discussion can give you a clearer understanding of the charge, the evidence that may matter, and the available path forward.
Contact me or call (925) 744-8404 to request your free initial consultation with Law Office of Thomas F. McKenna.
-
This firm is the best in the Bay Area.
“Thomas F. Mckenna is more than a criminal justice Lawyer, he and his staff are attentive, timely, caring, and get the results you want.”
Shelly S. -
They showed that they care and are responsible throughout the process.
“Tom and his team were very pleasant to deal with.”
Andy H. -
One of the best lawyers in the Bay Area!
“He will get you the best deal and even NO time at all!”
D.G.
