In California, sexual battery is the unwanted sexual touching of a victim. It can be charged as either a misdemeanor or a felony. Misdemeanor sexual battery occurs when the defendant is accused of touching an intimate part of another person against the victim's will and for the purpose of sexual gratification, sexual arousal, or sexual abuse. An "intimate part" is defined as the groin, anus, buttocks, sexual organ, or female breast. Sexual battery becomes a felony when the victim is unlawfully restrained in order to commit the assault.
Don't let these allegations ruin your life. We have defended countless sexual assault charges all over Southern California and we can help you.
Potential Punishment for a Sexual Battery Conviction
The punishment for a felony sexual battery is probation and up to a year in county jail and fees and fines, or a term in state prison for two years, three years or four years. The most serious part of a conviction for a sexual battery is the mandatory sex offender registration requirement of penal code section 290.
The seriousness of having to register as a sex offender cannot be overstated. A person facing a charge of sexual battery should consult with an attorney as soon as possible. This charge can stem from an otherwise innocuous interaction combined with a momentary lapse in judgment creating a lifetime of painful consequences. Most people don't want to hear an explanation for why you are registered as a sex offender, all they care about is that scarlet letter.
Possible Defenses to a Sexual Battery Charge
There are many defenses to charges of sexual battery and sexual assault. Consensual touching and a lack of credible evidence are two defenses that often merge together to create a not guilty verdict or a dismissal of a case. These types of cases are fact sensitive and often involve an intimate relationship between the accuser and accused. That is why it is important to utilize the experience of Law Office of John D. Barnett.
Our defense attorneys take the time necessary with clients to understand the history of the relationship and the potential motive for the alleged victim to fabricate facts to gain a conviction. Similar to domestic violence allegations, it is of paramount importance to spend time understanding the nature and history of the parties involved and to conduct a detailed investigation.
Allegations of this nature should not be taken lightly. A guilty plea should be avoided at all costs and every precaution should be taken when handling these cases. You need an attorney who is fearless and understands the human condition.
You can trust the attorneys at Law Office of John D. Barnett to help you fight charges of sexual assault and sexual battery.