Sexual Abuse Attorney in Fairfield, CA

Defense for PC 288 & 288.5 Charges in Solano County

California’s sexual abuse statutes, Penal Code 288 and Penal Code 288.5, target a specific category of conduct: lewd or lascivious acts with a minor and continuous sexual abuse of a child. These aren’t generic charges. They carry distinct elements, distinct sentencing ranges, and consequences that can follow a defendant for life. If you’re facing this type of allegation in Fairfield or anywhere in Solano County, the attorney you retain matters from day one.

The Maher Law Group, APC defends individuals accused of sexual abuse charges throughout Solano, Contra Costa, Napa, and Yolo Counties. Vincent Maher is certified by the California State Bar as a criminal law specialist, a designation held by very few attorneys in the state, and has conducted over 140 jury trials in serious criminal matters. Accusations in these cases often arise in domestic, caretaking, or institutional settings and can stem from misunderstandings, false allegations, or the influence of a third party on a child’s account.

Your first step is a free, confidential case evaluation. Call The Maher Law Group, APC at (888) 744-3057 to speak with our team about your situation.

What PC 288 & 288.5 Actually Charge

California Penal Code 288 criminalizes any willful touching of a child under 14 carried out with the intent to arouse or gratify sexual desire. The touching doesn’t need to be overt. Contact over clothing, or conduct that appears routine, can still support a charge if the prosecution argues sexual intent was present. That broad reach is what makes these allegations so serious and so contested.

Penal Code 288.5 addresses continuous sexual abuse of a child under 14. To convict under this statute, the prosecution must prove three or more qualifying acts occurred over at least three months, committed by someone who lived with or had recurring access to the child. Both statutes are frequently charged against parents, stepparents, relatives, coaches, teachers, and childcare or medical workers. PC 288 charges can also arise from remote or online conduct when a defendant is alleged to have directed a minor’s behavior digitally.

Penalties for a Conviction Under PC 288 or 288.5

The sentencing exposure under these statutes is severe, and a conviction can affect virtually every aspect of a defendant’s life going forward.

Potential consequences include:

• PC 288 prison terms: 3, 6, or 8 years in state prison; up to 10 years if force was involved; a potential life sentence if the defendant personally inflicted bodily harm upon the victim
• PC 288.5 prison terms: 6 to 16 years; a life sentence is possible under PC 667.61 in aggravated circumstances
• Fines: Up to $10,000 under PC 288
• Sex offender registration: Both statutes can require registration under PC 290, with annual requirements tied to the defendant’s birthday and publicly accessible registration information. The tier level and how long registration is required depends on the specific conviction and circumstances. Registration can also restrict where a convicted person can live and work.
• Three strikes consequences: PC 288.5 is classified as a serious and violent felony, making it a strike offense; a prior conviction can dramatically increase any future felony sentence
• Collateral consequences: Loss of professional or occupational licenses, loss of firearm rights, and potential civil liability to the alleged victim

Defense Strategies in PC 288 & 288.5 Cases

Intent is a required element of both statutes. Accidental contact, routine caregiving such as bathing a child or conducting a medical examination, or physical contact with no sexual purpose doesn’t meet the legal standard for conviction under PC 288 or PC 288.5. We build our defense around what the prosecution must actually prove, not a generic response to a charge category.

Challenging the Prosecution’s Evidence

False accusations can arise in these cases. A child may be coached by a parent in a custody dispute, may misremember events, or may misidentify the person involved. For PC 288.5 specifically, the prosecution must establish that the defendant resided with the minor or had recurring access to them. Challenging that element directly is a viable path. We also examine how evidence was gathered: child forensic interview techniques are frequently contested, and digital evidence collected without a valid warrant can be challenged through pre-trial suppression motions.

Under PC 288.5(c), a defendant can’t be simultaneously convicted of both continuous abuse and individual qualifying acts from the same period. That double jeopardy protection is a defense argument we raise where the charging pattern warrants it.

Full-Scope Representation at Every Stage

Vincent Maher has conducted over 140 jury trials, including serious criminal matters before Solano County juries. We represent clients at every stage: from the investigation phase and arraignment through pre-trial motions and trial. That full-scope involvement is how we work to protect our clients’ rights at every decision point in the case.

Why Fairfield Defendants Choose The Maher Law Group, APC

Sexual abuse cases are among the most aggressively prosecuted charges in California. The social stigma of an accusation, even before any conviction, can cost a defendant their job, housing, and relationships. Having a California State Bar-certified criminal law specialist in your corner from the first contact with law enforcement can affect how the case develops.

Vincent Maher is recognized in the National Trial Lawyers Top 100 and brings over 140 jury trials of courtroom experience to every case. Clients aren’t passed off to less experienced staff. We provide direct, personalized attention and confidential representation to everyone we represent, across Solano, Contra Costa, Napa, and Yolo Counties.

Get a Free, Confidential Case Evaluation

What you say to law enforcement before retaining a sexual abuse attorney in Fairfield can affect how your case develops. Early contact with our firm can let us intervene before that damage occurs.

The Maher Law Group, APC offers free, confidential case evaluations for individuals facing PC 288 and PC 288.5 charges. Call us at (888) 744-3057 or reach out through our online contact form to schedule your evaluation.