CALIFORNIA CRIMINAL LAWYERS

Los Angeles Sexual Battery

DEFENDING AGAINST A CHARGE OF SEXUAL BATTERY IN LOS ANGELES

If you, or someone you love, has been charged with sexual battery in Los Angeles, it is essential to understand the charge, potential consequences, possible defenses, and steps that can be taken to enhance the case’s chances of success. It is crucial to remember that a sexual battery charge is not a conviction. A person still has the right to defend themselves against any accusations and try to prove their innocence.

Sexual battery, as defined in the California penal code section 243.4.(a), involves the nonconsensual touching of an intimate part of another person who is either unlawfully restrained, either by the person committing the act or an accomplice. The accused must have committed the act to achieve sexual arousal, sexual abuse, or sexual gratification. Sexual battery through fraud can occur when the intimate touching is done through deception. For instance, when a doctor lies to a patient that touching an intimate part of the patient’s body is part of treatment, when the doctor is in fact doing so for sexual purposes.

CONSEQUENCES OF A SEXUAL BATTERY CHARGE

A conviction for sexual battery in Los Angeles carries highly significant consequences. In California, several offenses are considered “wobbler” charges; they may be prosecuted as either a misdemeanor or a felony. The prosecution’s decision to charge depends on the crime’s circumstances and the defendant’s criminal record.

For a misdemeanor conviction, a person may face imprisonment of up to one year in the county jail, probation, and/or a fine of up to $2,000.00. A felony conviction could result in a sentence of two to four years in state prison and/or a fine of up to $10,000. Regardless of a misdemeanor or felony conviction, a person will need to register as a sex offender for life. This can severely impact their personal and professional life, including employment and their social life.

DEFENSES AGAINST SEXUAL BATTERY CHARGES

Several defenses can be used to challenge a sexual battery charge. One effective approach is challenging the sexual nature of the touch by presenting evidence that the act was not sexual or done accidentally. Additionally, if the alleged victim gave consent for the touching, it could be considered lawful. Other traditional defenses may also be used, such as proving that the accusation is false, or presenting an alibi that the defense has.

STEPS TO IMPROVE CASE’S SUCCESS RATE

If someone is facing a sexual battery charge, it is essential to take vital steps that might make a difference in the outcome of the case. Collecting a list of potential witnesses or alibi can help build a strong case. Someone may have heard the alleged victim giving consent or may know that the intention of the touching was not sexual. The accused should also consider writing down any essential details of the incident to help with their case.

One of the ways to help their defense case is to retain an experienced Los Angeles attorney. An experienced attorney knows the ins and outs of the legal system, the local courts, judges, and prosecutors, and can identify the most effective defense strategy based on the case’s specific circumstances. Attorneys can help evaluate the case, avoid any mistakes, and provide the necessary guidance that can make a difference in the outcome.

CONCLUSION

Being charged with sexual battery is a challenging and life-altering experience. It is essential to have the right information, seek legal representation, and take the necessary steps to enhance the chances of success. A sexual battery charge, even a mere accusation, can damage someone’s reputation and cause devastating consequences on their personal and professional life. If you, or someone you know, is facing a sexual battery charge, it is crucial to take immediate and decisive action to establish the defense strategy, protect your rights and your future.