According to the Orange County Sheriff's Department (OCSD), investigators arrested Michael Joseph Duran, 44, of Aliso Viejo on August 13, 2025, following allegations he had a sexual relationship with a minor between 2024-2025. OCSD's news release states the alleged conduct occurred while Duran worked as an assistant basketball coach at Dana Hills High School and that he was booked on suspicion of oral copulation with a minor under 18. Investigators are seeking additional information from the public. These are allegations; Duran is presumed innocent unless and until proven guilty in court.
Local coverage has echoed the OCSD announcement, reporting that Duran was arrested and booked this week and that detectives believe there may be additional victims due to his coaching role. Media reports identify the suspected charge as oral copulation with a minor and note the investigation began with a mandated reporter's tip. Again, these reports reflect allegations, not proven facts.
What is the Applicable California LawCalifornia Penal Code § 287 (formerly § 288a) governs oral copulation offenses. Subdivision (b)(1) makes it a crime to engage in oral copulation with a person under 18. Depending on case facts, additional subdivisions impose higher penalties when the victim is younger, when there's a significant age difference, or when force, duress, or fear is alleged. The statute prescribes higher triad sentences where the act is against the victim's will or involves a child under 14.
Section 287(b)(1) is a "wobbler," meaning prosecutors may file it as a misdemeanor or felony. A misdemeanor conviction can carry up to one year in county jail; a felony conviction generally carries a sentencing triad of 16 months, two years, or three years in state prison, subject to aggravating/mitigating factors and any applicable sentencing enhancements. (Other subdivisions of § 287 carry higher triads, including 6-8-10 or 8-10-12 years, when force or very young victims are alleged.) Final charging decisions rest with the Orange County District Attorney after review of the evidence.
If a person is convicted of a qualifying sex offense, California's tiered sex-offender registration law (SB 384) may apply. Under this system, registrants are placed in Tier 1, 2, or 3 with minimum registration periods of 10, 20, or lifetime, respectively, before they may petition for relief (if eligible). The tier depends on the offense of conviction and other factors. The Department of Justice's guidance explains eligibility and timelines; courts decide petitions.
What are some Potential Sentencing Consequences (If Convicted)Potential consequences for a § 287(b)(1) conviction may include: incarceration as noted above; formal probation in some cases; fines; protective orders; sex-offender treatment programs; and mandatory registration under SB 384's tiered scheme, subject to the specific count(s) of conviction and judicial findings. Collateral impacts can include employment and licensing restrictions, limits on working with minors, and immigration consequences for non-U.S. citizens. The exact outcome depends on the final charges, any plea or trial verdict, and the defendant's history.
What Defenses Could Apply?In sex-crime prosecutions involving minors, common defense themes include: factual innocence (challenging whether the conduct occurred at all); identity/mistaken identification; contesting the age or timeline; and evidentiary attacks (moving to exclude statements, digital evidence, or search results obtained in violation of the Fourth or Fifth Amendments). Where the allegation is § 287(b)(1), "consent" is not a legal defense to the minor-status element, but it can be relevant to negate force-based enhancements or separate charges. Defense counsel may also litigate charging level (misdemeanor vs. felony), argue for mitigated sentencing or probation, and address registration tiering issues at sentencing or later via petition, depending on the ultimate conviction.
At What Stage is the Case?At this stage, the matter involves an arrest and booking; the District Attorney will determine formal charges, which may differ from the booking allegation. Anyone with information is encouraged by OCSD to contact its Special Victims Detail. All parties are entitled to due process, and the presumption of innocence remains until any conviction.
If you or anyone you know has charges like these, William Weinberg, An Orange County Criminal Defense attorney can help and offers no-cost consultations @ 949.474.8008 or by email at bill@williamweinberg.com