Sexual Battery
Also called sexual assault, a charge of sexual battery in Southern California is defined as touching the intimate parts of another without their consent for the purpose of sexual arousal, sexual gratification or sexual abuse.
Sexual Battery Defense Attorney Houman Fakhimi and the staff of our Criminal Defense Team represent clients facing sex charges in Santa Ana, and throughout the Orange County and Los Angeles areas, including Ontario-Rancho Cucamonga.
No crime carries the negative stigma associated with sex crimes. While many circumstances can result in someone being unfairly charged with sexual assault or sexual battery, being convicted of a sex crime can follow a defendant for the rest of his life. Sex offender treatment may be required and a defendant may have to register as a sex offender. Job loss is common and post-conviction release requirements may even limit your ability to visit friends and family, visit a park or school, or live in certain areas.
Defense of Sexual Assault Charges in Orange County
Sexual assault or sexual battery can be charged either as a misdemeanor or felony. In order to prove such charges, prosecutors must prove:
- You touched the intimate part of another.
- Against his or her will (or with fraudulently obtained consent).
- That the behavior was for sexual arousal, sexual gratification or sexual abuse.
Defenses may include consent, insufficient evidence, and false allegations.
Battery Charge P.C. 243.4: Misdemeanors and Felonies
When charged as a misdemeanor under California Penal Code 243.4, Sexual battery means non-consensual touching. A conviction may result in up to five years or probation, community service, sexual batterer’s education, and other abuse counseling and treatment. A defendant may also face up to 6 months in jail and a fine of up to $3,000. Those convicted may also be forced to register as a sex offender.
When charged as felony sexual battery under Penal Code 243.4, the charges indicate sexual contact via fraudulent consent (as when a victim is unconscious), or that the victim was restrained, institutionalized, medically incapacitated or seriously disabled.
The law may apply to those convicted of being an accomplice to a sexual battery, as well as to those convicted of forcing another to make (rather than receive) intimate contact.
Penalties for conviction of felony sexual battery in Santa Ana include probation, up to 4 years in prison and a fine of up to $10,000. A defendant may also be required to register as a sex offender under California Penal Code Section 290.
Registration as a sex offender may be required for life and can have long-term repercussions – including harassment in your community and an inability to hold certain jobs.
Our Southern California Criminal Defense Team represents defendants in North Justice Center, Harbor Justice Center, Central Justice Center, Van Nuys Court, Temple Street Court and in courts throughout Southern California.
If you are facing charges of sexual battery in Los Angeles, Santa Ana or Rancho Cucamonga, contact the Southern California Criminal Defense Team for a free and confidential consultation to discuss your rights.
Orange County Criminal Defense – 888-529-2188