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Los Angeles Sexual Battery Defense Lawyer

Criminal Defense Attorneys Providing Aggressive Legal Representation for Individuals Accused of Committing Sexual Battery

 

Los Angeles Sexual Battery Defense Attorney

Sexual battery charges are covered under California Penal Code Section 243.4. It criminalizes the act of touching an intimate part of another individual for the purpose of sexual gratification, arousal, or abuse. The intimate parts include genital area, buttocks, or female breast. Sexual battery (commonly called sexual assault) criminal charges can be filed as a misdemeanor or felony sex crime. Some common examples of misdemeanor sexual battery charges would include when someone intentionally fondles a female’s breast without consent or touching their buttocks without permission. 

 

An example of where felony charges could be filed include when an individual forcibly holds someone down and unbuttons their pants and places their hand inside to touch an intimate part of their body. A felony case could also be filed if the alleged victim was unaware of the inappropriate touching because they had been fraudulently convinced the touching was for medical or other professional purposes, was restrained unlawfully, medically incapacitated, mentally ill, or forced to touch or masturbate the intimate parts of the defendant.

 

If you are under criminal investigation or already arrested for sexual battery, your next decision is critical. First, do not make any statements to Los Angeles police detectives as your might make incriminating statements that will be used against you. You must understand the role of police detectives is to build a criminal case and make arrest. That is their function. They are not your friend. If you are contacted by police, politely decline to make statements without first speaking with a lawyer. Next, call a Los Angeles sex crime attorney at our law firm. Our criminal defense attorneys will need to closely examine all the specific details of your situation in order to start developing an effective strategy to defend you. Let’s examine the legal definition of sexual battery below.

 

California Penal Code Section 243.4 – Sexual Battery

What exactly is considered a sexual battery offense? It’s a broad term and covers a wide variety of alleged criminal acts. Under Penal Code Section 243.4 PC, sexual battery is legally defined as follows:

 

 

It’s important to note that in order to be charged with sexual battery, it does NOT require you to complete an act of penetration or sexual intercourse. If this occurred, you could face the much more serious charge of rape, under California Penal Code Section 261. It’s also possible to face sexual assault charges even if you are in a sexual relationship with the alleged victim. Legally, “touching” means making contact with an intimate part of the alleged victim directly or even through their clothing. The “intimate part” of another individual’s body includes female breast, groin area, anus, or buttocks. In legal terms, “against their will,” means the alleged victim did not consent to the touching. Consent means it was of their free will and they voluntarily knew of the act for which they were consenting. Finally, “sexual abuse” legally means you intended cause injury, intimidate, or humiliate the victim. Call a Los Angeles criminal defense lawyer at our law office for more detailed information about legal definitions of sexual assault. 

 

Legal Penalties for Sexual Battery Conviction

If convicted of sexual battery, the legal penalties will vary as it depends on the specific facts of the sex crime case and whether it was a misdemeanor or felony offense. There are aggravating factors where felony penalties would apply, such as a case where the victim was incapacitated, disabled, or fraudulently convinced the touching was for a professional purpose. Sexual battery is considered a “wobbler” in California, meaning the Los Angeles County prosecutor can file the case as a misdemeanor or felony crime. Their decision on what to file typically depends on the specific facts in the case and your criminal history. Unless there are aggravating factors, the prosecutor will generally pursue a misdemeanor sexual assault charge. 

 

If convicted of misdemeanor sexual battery, the legal penalties can include up to six months in a Los Angeles County jail, a $2,000 fine, informal probation, and registration as a sex offender under California Penal Code Section 290. If you are convicted of felony sexual battery, the penalties can include up to four years in a California State prison, a $10,000 fine, and sex offender registration. It may be possible to receive additional jail time if the victim sustained injuries, fear or threats were used, or whether the victim was conscious at the time of the act. For more information on legal penalties for sexual battery and how they may apply to your specific case, contact a Los Angeles criminal defense attorney at our law firm. Our lawyers will need to take all the above factors into consideration.

 

Legal Defenses against Sexual Battery Charges

An experienced Los Angeles criminal defense lawyer can choose a wide variety of legal defenses against misdemeanor or felony sexual battery charges. They include:

 

 

History of Success Defending Sex Crimes

Over our decades of practice, our Los Angeles criminal defense law firm has been able to obtain many positive case outcomes for our clients facing sexual related charges. In one case in Los Angeles Superior court, our client was accused of rape by intoxication. Our criminal defense lawyers provided immediate intervention with Los Angeles police detectives and were able to show background information about the alleged victim that challenged their credibility. After negotiating with the Los Angeles District Attorney’s Office, the case was eventually rejected for prosecution. 

 

In another case, our client was accused of sexual battery from a female relative. The alleged victim filed a report with the Los Angeles police department. Our criminal defense lawyers immediately began an extensive dialogue with police detectives and prosecutors. We were able to show problems of proof with their evidence and the fact our client had a clean record. After aggressive negotiations, our attorneys were able to convince the prosecutor not to arrest our client on the serious felony charges. In the end, no charges were ever filed. 

 

Contact a Los Angeles Sexual Battery Attorney

Sexual battery allegations are easy to claim, but often difficult to defend since the alleged criminal act happened in a one-on-one situation with no independent witnesses or physical evidence. Unfortunately, sexual assault allegations have become common in divorce or child custody battles. 

 

Our Los Angeles criminal defense lawyers understand a sexual battery conviction can have a dramatic impact on your personal or professional life. Our law firm has successfully defended many clients against sexual battery accusations. When representing our clients against sexual related crimes, our criminal attorneys have created effective defense strategies, including ways to mitigate sentencing to avoid incarceration.

 

If you have been accused of sexual battery, contact our lawyers for a review of all the case details. We are available 24/7 at 877-781-1570.

 

Related Pages: Rape | Lewd Acts with a Minor | Failure to Register