Lewd and lascivious behavior is a broad term that applies, generally, to pornography, prostitution, and indecent acts of a sexual nature. Some indecent acts involving adults may be considered as misdemeanors. When the act involves a juvenile, legal charges can increase to a felony.
An act of lewd and lascivious behavior can result in a criminal record and registration as a sex offender.
If you are arrested for lewd and lascivious behavior it is imperative that you seek legal counsel at the earliest possible moment. Getting legal counsel early can protect your rights and help in your defense.
Initially, your lawyer will advise you not to talk to investigators without benefit of legal counsel to prevent you from incriminating yourself. This is your constitutional right.
Your attorney will evaluate the evidence and investigative reports to determine if any of your constitutional rights have been violated, which could result in a dismissal of the charges against you. Your attorney also will interview witnesses to evaluate the strengths and weaknesses of their testimony, the honesty of their character and determine the availability of any mitigating circumstances that could help in your defense.
If the offense involved a juvenile, the standard defenses ? consent, ignorance of age, and that the victim was the same age as you ? will not be available to you.
Your attorney will develop a defense theory based upon the circumstances of the offense, the actual acts of the alleged offense, the testimony of witnesses, evidence in your favor, and character witnesses.
It may be possible for your attorney to argue that the allegations are false or that no intent to be lewd or lascivious existed.
If you are so disposed, your attorney can negotiate a plea bargain to reduce the punishment of the offense and argue that you be placed on parole.
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