A person can be charged with an "attempt" crime, even if a criminal act has not been committed. In order to prove that a person actually did 'attempt' to commit a crime, the prosecution must prove that:
1. The individual charged had the specific intent to commit that crime and
2. The individual took a step (even if it was an ineffectual act) in furtherance of the crime
There are several sex crimes where charges of attempt can be filed. These include, but are not limited to:
A person can be charged with attempted rape if their behavior could be construed as taking a step with the intention of committing rape (as defined in CA Penal Code 261)
Attempted Lewd Acts on A Child
Attempted lewd or lascivious acts on a child under 14 years old is a lesser offense than Lewd Acts on a Child. Somebody may face these types of charges without ever touching a minor.
Defenses to Attempted Sex Crimes
If you have been charged with an attempted sex crime, you can and should fight these charges. It can be very difficult for the prosecution to prove exactly what your state of mind was at the time the incident occurred. However, this must be proven in order to demonstrate that you had the "specific intent" required to commit the crime of attempt. An experienced sex crimes lawyer can lay out the best legal defense strategy to fit the circumstances of what occurred in your case.
Contact the offices of White Goldstein to speak with an attorney who specializes in defending people accused of attempted sex crimes. The situations involving these crimes can be incredibly complex and we know that sometimes good people can wind up facing criminal charges. We will thoroughly investigate the charges you or your loved one face and will tirelessly work to have them dismissed.
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Call White Goldstein today at (310) 295-1810 for a free, confidential consultation.