The Difference Between Punishment for a Misdemeanor Sexual Offense and Felony Sexual Offense Can Be Significant

The Difference Between Punishment for a Misdemeanor Sexual Offense and Felony Sexual Offense Can Be Significant

If you’ve been charged with any type of sex crime then you already know how seriously this can impact your life. You could lose your job, hurt your family, and lose everything you have. If convicted, you could end up paying huge fines and spending years in prison. You could even be prevented from seeing your own kids.

Prosecutors in charge of these cases are notoriously aggressive and looking for convictions at any cost. There is often little to no physical evidence in these cases. Your best bet is to contact an attorney who works with sex crimes. At Chambers Law Firm, we have the experience to get you through this. We know how to create an excellent defense and when to negotiate for a plea. In some cases, the best option is to have a felony reduced to a misdemeanor. Learn more about each and then contact us at 714-760-4088 for a free legal consultation.

What makes a sex crime a felony instead of a misdemeanor?

Some sex crimes are always felonies and others are known as wobblers, which mean they can be charged as either a felony or a misdemeanor. Let’s use sexual battery as an example because it is a wobbler offense. The prosecution will look at the case and decide if you’re going to be charged for a felony or misdemeanor.

They will consider numerous factors, including your criminal history. The prosecutor may also charge sexual battery for sexual battery if restraint was involved, if the victim was physically incapacitated, unconscious, or mentally ill. A felony may also be charged if fraud was a part of the battery.

Potential punishments for misdemeanor sexual battery

A person convicted of misdemeanor sexual battery could be facing informal or summary probation, requirements to enroll in sexual battery courses, up to a year in county jail, fines of as much as $2,000 or, in the event the victim was an employee of the accused, $3,000, and a requirement to register as a sex offender.

Potential punishments for felony sexual battery

On the other hand, if the prosecution decides that the evidence warrants a felony charge, then the penalties could include formal probation, up to 12 months in county jail with probation, two to four years in state prison without probation, and fines of up to $10,000. As you can see, these are much more significant than the potential punishments for misdemeanor sexual battery.

A word about registering as a sex offender

It doesn’t matter if you’re charged with a misdemeanor or a felony sexual offense, you will be required to register on the sex offenders registry. For this reason, it may not be in your best interest to accept a plea deal.

If you’ve been charged with any type of sexual offense then it is time to contact Chambers Law Firm at 714-760-4088. We can offer you a consultation during which you’ll find out what your options really are. You’re not in this alone. Call today for help.

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