When a person is charged with sexual battery in California, they could be facing misdemeanor charges that come with penalties that max out at a small fine and community service, or they could be facing felony charges that could lead to years in prison. Keep reading to learn the difference between these two charges and contact Chambers Law Firm at 714-760-4088 for a free legal consultation if you are arrested for or charged with this or other sex crimes.
The Definition of Sexual Battery
First, let us discuss what the law means when “sexual battery” is used. It means touching an intimate part of another person without their will and for the purposes of sexual abuse, gratification, or arousal. This can refer to a wide array of situations and the right defense for each of them will depend on the specifics of the case.
Situations That May Bring on Felony Charges
Not all sexual battery charges are felonies. The prosecutor might apply felony penalties if the alleged victim was not aware of the act because they thought the alleged perpetrator was touching them for a professional purpose (i.e. a doctor or therapist), if the alleged victim was unlawfully restrained, or if the victim was seriously disabled or medically incapacitated.
Legal Defenses to Charges of Sexual Battery
Your criminal defense attorney will determine the best defense option based on the specifics of your case. However, some of the most common defense options to these charges including showing that the alleged victim consented to the act, that there is not enough evidence to prove anything happened, and that the alleged perpetrator is entirely innocent of the allegation.
Potential Penalties for a Sexual Battery Conviction in California
A person convicted of a misdemeanor charge of sexual battery could spend as much as one year in jail and be ordered to pay fines of up to $3,000. A person convicted of felony sexual battery could be sentenced to up to four years in state prison and be fined as much as $10,000.
There could also be sex registry requirements. A misdemeanor conviction can lead to a ten-year requirement to register as a tier one sex offender, while a felony conviction can lead to a lifetime requirement to register as a tier three offender. There could also be civil charges filed against the convicted person.
Call Now to Find the Best Solution to What You Are Facing
If you have been charged (or believe you will be charged) of sexual battery, you do not have to panic. Simply contact Chambers Law Firm at 714-760-4088 and request a free legal consultation. We will carefully go over your case, the evidence against you, and your side of the story to determine the right way to defend you.
