Sexual Battery and Sexual Assault

A sexual battery can be charged as a misdemeanor or felony. Sexual Battery is codified under California penal code section 243.4. The misdemeanor sexual battery occurs when the defendant is accused of touching an intimate part of another, 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 or sexual organ or female breast. The felonious sexual battery occurs when the victim is unlawfully restrained in order to commit the assault. Don't let these allegations ruin your life. We have defensed countless sexual assault charges all over Southern California and we can help you.

Punishment

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 sexual 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 contact combined with a momentary lapse in judgment creating a lifetime of painful consequences. Most people don't need to hear an explanation for why you are registering as a sex offender, all the care about is that scarlet letter.

Successful Defenses

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. The attorneys at Law Office of John D. Barnett enjoy taking 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 of the accused. Similar to domestic violence allegations, it is of paramount importance to spend time understand the nature and history of the parties involved and obtain strong, detailed investigation.

Allegations of this nature cannot be taken too seriously. A guilty plea should be avoided at all costs and every precaution should be taken 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.

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