This content was written for Cale Law Office
Tulsa Criminal Defense Attorney | Lewd Molestation Cases
If you’ve been charged with a sex crime and need aggressive legal representation, call the Cale law office at 918-277-4800. Your initial consultation is free. You’ll also get a custom-made defense strategy plan to take with you. Tulsa criminal defense attorney Stephen Cale is an experienced lawyer who will fight hard for you.
In a 2006 case the defendant was found guilty of lewd molestation after prior conviction. He was in this 25 years in prison for each count. He later filed an application for post-conviction relief claiming that the facts underlying his plea of guilty to lewd molestation did not constitute a violation of the criminal statute for which he was charged. The judge denied his application.
On appeal he claimed that because’s conduct not fall within the scope of the crime charge, it’s not his right to effective assistance of counsel deprived of due process the trial court accepted his pleas of guilty and supported by facts that constitute the commission of the crime charge. However, the Oklahoma Court of Criminal Appeals rejected his claim, said Tulsa criminal defense attorney Stephen Cale.
The elements needed to prove guilt a little a station are that the defendant 1 imprint was at least three years older than the victim; 2) knowingly and intentionally; 3) looked upon, touch, mold or failed; 4) the body or private parts; 5) of any child under 16 years of age, and 6) and a lewd or lascivious manner. The defendant did not dispute that the conduct he admitted to fell within each of those elements. Instead, his claim was more narrow in scope. He argued that the appellate court has interpreted the crime of little a station to require a showing that the private parts of the child were uncovered when looked upon by the defendant. He argued that when he followed two young girls into a Walmart store and peered under their dresses, his intent was only to see their panties.
To support his contention, he relied on a public unpublished cases. The District Court found that these cases did not have precedential value and were not binding on the court. On appeal, the state argued that the evidence confessed by the defendant during his guilty plea was sufficient to sustain his conviction under the charge of lewd molestation. The appellate court agreed. It found that it was clear from the record that the defendant knowingly and intentionally looked upon the private parts of two underage girls in a lewd and split lascivious manner.
In an unpublished case, the Oklahoma Court of Criminal Appeals interpreted the elements a little a station to include something more than the active steering between the legs of someone who is wearing both underwear and boxer shorts. In another unpublished case, the court found that the elements to include something more than in the act of filming close curls in a public location. The Court of Criminal Appeals held that those cases were very fact specific and applicable to the case at hand.
The the defendant argued that because he did not see video girls naked bodies are naked private parts he cannot be convicted a little a station. However the plain wording of the statute does not include the word naked her naked body or naked private parts. Statute does not require the on your private parts looked upon, touch, mold or failed to be naked. The plain wording of the statute, the defendant committed the felony when he followed two underage girls into the store and position himself so as to see under their dresses and see their undergarments. However, the appellate court did not read the statute to criminalize every casual glance at a child. Instead the focus is on the showing that the defendants knowing and intentional conduct was a lewd or lascivious. In that regard, the unpublished opinions were inconsistent with the court’s interpretation of the statute in touch in cases where a requirement of nudity is not attached the same words.
Anyone has been charged with a sex crime must vigorously fight against it. There are too many consequences to be found guilty of this kind of charge. For one, you’re looking at a long time in prison. Secondly, you’ll be required to register as a sex offender. Thirdly even if released from prison, you’ll have the stigma of having been convicted as a sex offender. You’ll have trouble getting a job, having a family, having a normal life.
Tulsa criminal defense attorney Stephen Cale fights hard for his clients have been charged with various sex crimes. This includes the crimes of lewd molestation, rape, child abuse, solicitation of a minor, sexual salt battery, and computer related crimes.
Attorney Cale has extensive trial experience. He’s been in practice for nearly 20 years. He will do a thorough examination of the case, collect evidence, file pretrial motions to get the matter dismissed, and hold hearings to back the prosecutor into a corner. The Cale law office handles jury trials all the time.
When you’re looking for criminal defense lawyer, you want the best. That’s why you should call attorney Stephen Cale at 918-277-4800 to set up your free initial consultation. Attorney Cale will work hard for you. He takes every case seriously.
It’s important that you look for an attorney that has several years of experience. Additionally it’s important that you look for an attorney that focuses in criminal defense. That’s exactly what Tulsa attorney Stephen Cale does: he focuses on criminal defense. If you’ve been charged with a serious crime, your life is on the line. You need an attorney who is going to aggressively represent you and do everything he can to get the charge dismissed, or get you acquitted at trial. It is well worth the money to hire the Cale law office to represent you in fighting serious criminal charges.
Not every criminal defense attorneys alike. You should hire one with several years of trial experience. Attorney Stephen Cale has handled thousands of cases, including serious cases like murder. He is a wealth of jury trial experience. Give him a call today at 918-277-4800.