San Diego Sexual Battery Lawyer

Sex crimes such as sexual battery are serious criminal offenses and a conviction will result in life-altering consequences. If you have been charged with sexual battery, you are not only facing the possibility of jail time and substantial fines, you also have to deal with the court of public opinion. In fact, merely being accused of sexual battery can have a lasting impact on your reputation and personal relationships. The stakes are simply too high to be without an experienced San Diego sex crimes lawyer. Working with a qualified California sex crimes attorney as early as possible in the criminal process can make all the difference in your case.

What is Sexual Battery Under California Law?

Sexual battery is the illegal touching of another person’s intimate parts without their consent and for the purpose of sexual gratification. Sexual battery is defined under California Penal Code Section 243.4 PC and can take many forms. A person commits sexual battery (also referred to as sexual assault) if he or she:

• 243.4(a) PC: Touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse.
• 243.4(b) PC: Touches an intimate part of another person who is institutionalized for medical treatment and who is seriously disabled or medically incapacitated, if the touching is against the will of the person touched, and if the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse.
• 243.4(c) PC: Touches an intimate part of another person for the purpose of sexual arousal, sexual gratification, or sexual abuse, and the victim is at the time unconscious of the nature of the act because the perpetrator fraudulently represented that the touching served a professional purpose.
• 243.4(d) PC: For the purpose of sexual arousal, sexual gratification, or sexual abuse, causes another, against that person’s will while that person is unlawfully restrained either by the accused or an accomplice, or is institutionalized for medical treatment and is seriously disabled or medically incapacitated, to masturbate or touch an intimate part of either of those persons or a third person.
• 243.(e)(1) PC: Touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.

“Touches” means physical contact with another person either indirectly or directly (through the clothing of the victim or person committing the offense). “Intimate part” is defined as the sexual organ, anus, groin, or buttocks of any person and the breast of a female.

Penalties for Sexual Battery in California

Sexual battery committed under Penal Code 243.4(a), (b), (c), or (d) are known as “wobbler” crimes and can be charged as either a misdemeanor or felony depending on the specific circumstances of the case and/or the accused’s criminal history. The crime may be charged as a felony if any of the following aggravating factors exist:

• the victim was unlawfully restrained,
• the victim is seriously disabled, medically incapacitated, or institutionalized for medical treatment
• the accused fraudulently represented that the touching was for medical purposes
• the accused has a prior felony sexual battery conviction and the victim is a minor

If you are convicted of misdemeanor sexual battery under 243.4 sections (a) through (d), you may face up to a year in county jail and a fine of up to $2,000. A conviction of felony sexual battery carries a punishment of either two, three, or four years in state prison and a fine of up to $10,000.

Sexual battery under Penal Code 243.4(e)(1) is a misdemeanor offense in California. If you are convicted of misdemeanor sexual battery under section (e)(1), it is punishable by up to six months in county jail and a fine of up to $2,000.

In addition to the previously mentioned criminal penalties, a conviction for sexual battery will also subject you to lifetime registration as a sex offender under Penal Code Section 290. This requires you to register every year or any time there is a change of address. As part of the registration, you will be required to disclose your home address, place of work, and other identifying information. A conviction will also result in a criminal record, which will limit educational, employment, and housing opportunities.

Seek Out An Experienced San Diego Sexual Battery Lawyer

There are several defenses that can be raised to sexual battery charges including; that the touching was consensual, that there is insufficient evidence a crime was committed, or that you have been falsely accused. An experienced sex crimes lawyer can help you fight charges by building an effective defense strategy based on the specific facts of your case. Depending on the facts of your case, your attorney may be able to fight your charges by challenging the evidence against you or providing evidence that exposes weaknesses in the prosecutor’s case.

If you have been charged with a sex crime, you should contact San Diego sex crimes lawyer Jessica McElfresh. right away for a free and confidential consultation of your case. Jessica McElfresh is a skilled and experienced California criminal defense attorney with a proven track record. She understands what is at stake and you can rest assured that she will fight aggressively to protect your freedom and reputation. She will work to obtain an ideal outcome in your case and is committed to providing individualized service and communication to her clients.

Call McElfresh Law today for a free and confidential consultation of your case at (858) 756-7107.