Also referred to simply as ‘sexual assault’, sexual battery is a serious criminal offense in California. It occurs when an offender touches the intimate parts of another person without consent for the purposes of sexual gratification or sexual abuse. Under California Penal Code 243.3, sexual battery may be charged as a misdemeanor or a felony.
At the Law Offices of David Lehr, our Ventura County sexual battery defense lawyer is a skilled, aggressive advocate for clients. If you or your family member is facing sexual battery accusations or a sexual battery charge, we are here to help. Call our Ventura law office today to set up a free, fully confidential initial case evaluation.
Sexual battery is charged under California Penal Code 243.3 (PC 243.3). Here are five of the most important things that you need to know about California’s sexual battery statute:
- Sexual battery occurs when a person touches the intimate part of another person without consent, for the purposes of sexual gratification or abuse.
- As a baseline, sexual battery is typically charged as a misdemeanor offense—carrying a maximum penalty of up to one year in prison.
- Sexual battery can be upgraded to a felony if an aggravating factor is present. A felony sexual battery conviction carries two to four years in prison.
- Some examples of aggravating factors include: Committing sexual battery in a professional capacity and unlawfully restraining a person for the purposes of committing sexual battery.
- If convicted, an offender may be required to register as a sexual offender. A felony sexual battery conviction mandates registration as a tier-three sex offender.
Sexual battery allegations must be taken seriously. Even a misdemeanor sexual battery conviction can cost you your reputation and your freedom. If you or your loved one was arrested on the suspicion of sexual battery, you need an aggressive advocate on your side. Call Ventura, CA sex crimes defense lawyer David Lehr for immediate assistance with your case.
Not all sexual battery allegations are legitimate. There are a number of different legal defenses that can be raised to challenge false sexual battery or sexual assault charges. Some notable examples include:
- Consent: It is not sexual battery if consent was given for any contact or touching. Consent is a valid defense to a sexual battery charge.
- Mistaken Identity: If improper sexual contact occurred in a crowded area—a bar, concert venue, etc—the victim may accidentally misidentify the perpetrator.
- Innocence: The burden of proof is always on the prosecution. False allegations happen. If you did not commit sexual battery, you have every right to raise strong defense on the grounds of innocence.
If you or a loved one is facing a sexual battery charge under California PC 243.3, we are here to help you explore every available defense. Call our Ventura law office now for your free, confidential case review.
If you have been charged with
sexual assault or sexual battery, call 805-477-0070 now.
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At the Law Offices of David Lehr, our California sex crimes defense attorneys has extensive experience handling the full range of sexual battery charges. If you are facing felony sexual battery or misdemeanor sexual battery, we are more than ready to help protect your rights. Call us now for a free, no obligation initial consultation. This website has been provided purely for informational purposes—no attorney/client relationship has been established.
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