NO Jail Disposition for a Felony “Contact with Minor for Sexual Offense” (PC § 288.3(a))!

My client was charged in Count 1 with a violation of Penal Code § 288.3(a), Contact with Minor for Sexual Offense, as a felony. This charged offense exposed my client to potential custody time in state prison for a maximum time of 3 years.

Law enforcement investigation revealed that our client had sent graphic nude photos to minors on multiple occasions and to multiple victims. In addition, law enforcement determined that our client had possession of multiple unlawful images.

In order to place our client in the best position to negotiate to a non-prison offer, we presented the district attorney’s office with a very detailed equities package. The equities showed that our client was only 21 years-old, had no prior criminal contacts, was enrolled in a four-year university, had consistent part-time employment, and had voluntarily enrolled in a recovery treatment program aimed at addressing sexual addiction. Our client was also administered a recidivism test for sex offenders and received a score that indicated that he had a “low risk to reoffend.”

We were able to negotiate with the District Attorney for a plea to Penal Code section 288.3 with the intent to commit Penal Code section 289(h). Our client was potentially exposed to three years of confinement in state prison but we were able to negotiate to 120 days of work release and 245 days on house arrest in exchange for his plea. With our diligent advocacy, we were able to obtain a no jail, no prison disposition for our client!

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