The charge of sexual battery is a serious charge that can come with serious consequences. Keep reading to learn about the potential consequences a person can face for a conviction, along with the potential defense options if they are charged. Remember that you can also contact Chambers Law Firm at 714-760-4088 for a free legal consultation with an experienced criminal defense attorney.
Defining Sexual Battery
In the state of California, sexual battery refers to touching intimate parts of a person who has not consented to have their intimate parts touched and for the purposes of sexual gratification, abuse, or arousal. Note that accidentally touching a person does not qualify because one necessary criminal element is the intent of sexual gratification.
Sexual Battery is a Wobbler Offense
This is a wobbler offense, which means that it can be charged as a misdemeanor or a felony depending on the specifics of the case and the criminal background of the person accused of the crime. A felony can be charged if the alleged victim was not aware of the act because they were fraudulently convinced the touching was professional purposes, was unlawfully restrained, was medically incapacitated or seriously disabled, or was forced to touch or masturbate the perpetrator.
On the other hand, sexual battery will be charged as a misdemeanor if someone is found to be fondling someone’s breasts without permission or putting their hands on someone’s butt without getting consent to do so.
Defense Options to Charges of Sexual Battery
As is true of any criminal accusation, the best defense will depend on the specific situations involved in the case. However, some of the most common defenses used for this crime include showing that the alleged victim actually consented to the act, that there is not enough evidence to prove wrongdoing, or that the defendant is innocent and false allegations have been made against them.
Potential Penalties to a Conviction of Sexual Battery
If a person is convicted of sexual battery as a misdemeanor, they can face six months or one year in jail and fines of up to $3,000. Felony convictions result in two, three, or four years in California state prison and fines of as much as $10,000.
A misdemeanor conviction requires registry as a tier one sex offender for ten years, while in most cases, a felony conviction for sexual battery will result in a lifetime requirement to register as a tier three sex offender.
If you have been charged with sexual battery, then you need an experienced, aggressive, compassionate attorney who will fight for the best possible outcome for you. Contact Chambers Law Firm at 714-760-4088 now to request a free legal consultation.
