Under Penal Code 314, any person who deliberately and lewdly exposes his or her genitals in a public place or where other persons may be offended or infuriated, or assists anyone else to expose themselves, can be charged with indecent exposure. While it can be charged as either a felony or a misdemeanor, indecent exposure can result in serious consequences, including the stigma of being classified a sex offender under Penal Code 290.
Any person who is facing an indecent exposure charge should contact an experienced attorney before pleading guilty in court who can review the facts to determine the best course of defense.
Under Penal Code 314(1), indecent exposure is a wobbler (i.e., a charge that can be filed as either a misdemeanor or a felony). If charged as a misdemeanor, a person faces up to one year in the county jail. Depending on the facts involved, indecent exposure under Penal Code 314(1), when charged as a felony has a sentencing range of 16 months, two years or even three years. If convicted of possession of indecent exposure, the defendant will have to register as a sex offender under Penal Code 290.
If a person is arrested for indecent exposure, it is very important to seek the assistance of an experienced attorney who understands these charges as they can prove complicated. An experienced attorney will be able to review the evidence and prepare a defense, including mistaken identity, false allegations and/or lack of sufficient evidence which will give you the best chance to beat the charges or negotiate a fair plea before trial. Your lawyer will assure that any evidence was collected properly and that searches and seizure were carried out without infringing on your rights under the Constitution.
If you have been arrested for possession of indecent exposure and need the help of an experienced criminal lawyer, contact our office today for a free consultation regarding your situation.
Client charged with possession for sales and gang enhancement. Client faced 16 years in prison with the gang and prior strike allegation. Client turned down 8 year pretrial offer with prior attorney before going to trial. Not guilty on all charges at trial. (People v. Antwan B.)
Client charged with attempt murder, accessory after the fact and gang enhancement after shots fired at a dwelling. Client turned down 15 year pretrial offer. During trial, plea deal reached for probation with time served. (People v. Rudy B.)
Client charged with resisting arrest, obstruction of justice when cops performed a probation sweep at her residence. Client found not guilty on all counts at jury trial. (People v. Felicia M.)
Client charged with corporal injury to girlfriend after argument allegedly escalated. Client had significant exposure of 21 years because of prior strike, probation violation and GBI allegation. At trial, jury refused to convict client, returning hung verdict. (People v. Christopher P.)
Client charged with possession of methamphetamine for sale after traffic stop. Client claimed prejudice by prosecution’s delay in bringing the case to court. Motion filed on behalf of client asking the Court to dismiss the case as violative of client’s speedy trial rights. Motion granted and case dismissed. (People v. Shannon J.)