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Sexual Battery is a Commonly Charged Sex Crime in California

Posted by Ronald D. Hedding | Oct 09, 2019 | 0 Comments

I've been doing this for twenty-five years and I continue to see people being charged with sexual battery and a lot of times it's in the most innocuous way — whether it be at a sporting event and somebody touches another person — people real drunk at restaurants or fast-food locations touching women inappropriately — the next thing you know they're charged with a sex crime.

Sex Offender Registration and Jail Time

They're facing sex registration, embarrassment, jail time, having to go to court over-and-over again.  It really is a shame because a lot of times people are not thinking before they act.  They don't realize that their conduct can cause them such a horrible consequence.

When you're looking at registering as a sex offender and going on the Megan's website where other people can see, having to go to local law enforcement on your birthday every single years, is horrible.  So, if you're charged with one of these sex crimes a lot of times I've seen that the police blow things out of proportion.

The person who is accusing you of doing something maybe is taking something out of context, or maybe you did what they're claiming you did, but do you deserve to register as a sex offender?

Early Negotiation with Prosecutor

Sexual Battery Charges in California

But, let me tell you something, this is where the battle lines are drawn in these cases.  The client is scared to death.  They don't want to have to register as a sex offender, so that's where I have to start to work on the prosecutor right from the beginning.

This means getting character letters from your fans or from your family, getting some of your community work — maybe you're a sports coach.  There's all sorts of things that we can get to show the prosecutor that your conduct in this particular circumstance was an aberration.  It's never going to happen again and that you don't deserve to have to register as a sex offender and take a conviction for sexual battery on your record.

There are other charges that the prosecutors can insert in there rather than sexual battery.  They can do just a simple battery which is Penal Code Section 242 and basically, that's a harmful or offensive touching and it doesn't carry with it all of the stigma and problems that a sexual battery does.

In other words, if you get convicted of a sexual battery you have to register as a sex offender.  If you're convicted of a simple battery you don't, and there's all sorts of other charges that can be inserted in rather than a sexual battery.

So, if you're facing one of these charges and you don't have any criminal record and you specifically don't have any sex-related offenses on your record, you're definitely in the ballpark to be able to avoid that sex registration.

However, you're going to have to get an attorney who's been down this road before, is local to the court where your case is pending, knows the prosecutors, knows the judges and knows how to handle one of these cases — knows what type of evidence and information to present to the prosecutor and judge and also knows how to negotiate.

Sometimes people deserve to register as a sex offender.  Maybe you could work something out where they register as a sex offender only for the probationary period, but if they can stay out of trouble for the probationary period, they don't have to register as a sex offender, the charge gets changed at that point and they can move on with their life.

Contact Our Law Firm for Help

Other times the person doesn't really deserve to have to register as a sex offender and the prosecutors are just going too far and they need to be convinced that you should be able to plea to a different charge and not have to register as a sex defender.

And finally, there's those cases where the person didn't really intentionally do anything wrong, shouldn't have to register as a sex offender, shouldn't have to plea to a sex offense and that person is going to have to go to trial and convince twelve members of the community that they're not guilty.

If we can get that done, then we put you in a great position to move forward with your life, not having to deal with the criminal justice system and not have to deal with the onerous task of having to register as a sex offender because you were convicted of Penal Code Section 243.3 – sexual battery.

Related:

Defense of Sexual Battery Charges in San Fernando Courthouse

About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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