Los Angeles Sexual Battery Defense Lawyer
Sexual battery is defined by California Penal code section 243.4 as the touching of one’s genital area, buttocks, or female breasts, better known as a person’s intimate parts without consent.
The crime of sexual battery is considered a wobbler meaning that it may be charged as a misdemeanor or a felony depending on the circumstances; but in either case PC 290 mandatory sex offender registration would be imposed if convicted.
Some examples where the crime would be charged as a felony are: the victim was unaware of the inappropriate touching because he or she was fraudulently convinced that the touching was for medical or other professional purposes; the victim was unlawfully restrained; the victim was forced to touch the suspect’s intimate parts or was forced to masturbate.Some examples where the crime would be charged as a misdemeanor are: the suspect intentionally fondling a female’s breasts without her consent; the suspect putting his or her hands on another person’s buttocks without consent.
Penalties Associated with Sexual Battery
Penalties differ in regards to a misdemeanor and felony. If convicted of a misdemeanor sexual battery, one may face county jail for up to a year and fines amounting to as much as $2000. A felony conviction can result in up to 4 years in state prison and fines amounting to as much as $10,000. In determining what penalty to impose, factors such as whether violence, fear, or threat was used; whether the victim was conscious at the time of act; and whether victim was a minor. As your sexual battery defense lawyer we take all these factors into consideration in building a strong defense on your behalf.
WHAT DOES THE GOVERNMENT HAVE TO PROVE?
In order to convict a suspect for sexual battery, the government must prove the following elements…
- The suspect unlawfully restrained another;
- While restrained, the suspect touched an intimate part of the person’s body or caused them to touch an intimate part of their own or the suspect’s body;
- The touching was done against the others will AND
- The touching was done for the specific purpose of sexual gratification, arousal or abuse.
The government defines an intimate part of their body as either the breast, anus, groin, sexual organ or buttocks. Additionally, contact must have been made with the other person’s bare skin. Additionally, restraint can either be by force, or by threat of force, what matters to the government is that the touching or restraint was against the parties will, and that it occurred for any duration. Showing consent is one way to defend yourself from a charge of Sexual Battery.
We understand that a conviction of sexual battery or any other sex crime has a huge effect on your life and we want to offer not only legal assistance but also our support. We have defended many in similar situations and we know for a fact that there are many ways to fight these charges.
Contact us at the Hedding Law firm and set up a meeting so that we can sit down and discuss your matter in detail. The meeting is absolutely free of charge.