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Child Molestation — Probation Sentence Negotiated

Key Details

  • Charges: Child Molestation (2 counts)

  • Risk: Mandatory minimum 5 years in prison

  • Resolution: 10 years probation; no prison time

Case Description

Our client was charged with two counts of child molestation involving a 10-year-old girl. The allegations included inappropriate touching over clothing and under clothing on her body. The charges carried a mandatory minimum sentence of five years in prison, and the prosecution initially sought significant prison time.

Legal Strategy

We focused on comprehensive mitigation and negotiation with the prosecution. Our approach emphasized factors in our client's favor while acknowledging the seriousness of the charges. We worked to present our client's circumstances in a way that made probation a viable alternative to the mandatory prison sentence.

Challenges

Child molestation charges carry mandatory minimum sentences that make probation difficult to achieve. The mandatory five-year prison sentence created a high bar for negotiation. We had to convince both the prosecution and the court that probation was appropriate despite the serious nature of the charges.

Resolution

Through effective negotiation and mitigation, Superior Court Judge Lindsay Burton sentenced our client to 10 years of probation rather than prison. While both sides agreed the case qualified for a deviation from the mandatory minimum, allowing for a sentence with "no evidence of similar transactions and no physical harm to the girl", the prosecution had initially requested it be split with some prison time and some probation. We successfully argued for straight probation. We stated following the sentencing: "But resolutions like these don't arise absent significant consideration from prosecutors and judges alike. So [our client] and I sincerely appreciate the time they dedicated to his case". Our client will also face sex offender registration conditions during probation.

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