Legal Question in Criminal Law in California

If a person is convicted of 288a(b)(2)of the califorina penal code but was only 18 years old, i heard this statute is for people convicted if their 21 or older.If the case and the penal code is wrong how to fix it?

Asked on 7/12/12, 11:48 am

1 Answer from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

If it was part of a plea deal, that "legal fiction" was almost certainly waived. If someone 18 was convicted of that charge after trial by jury, I'd be very surprised ... if that issue wasn't addressed somehow in court, I'd be shocked but then, stranger things have happened. Talk to the 18 year old's attorney, s/ he would know. Or check the court papers regarding the exact terms under which the plea was accepted. Good luck!

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Answered on 7/12/12, 12:48 pm

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