Facing Sexual Battery Charges? We are the Best Attorney to Protect Your Rights!
Facing sexual battery charges can be an incredibly daunting and life-changing experience, with potential consequences to your reputation, career, and personal relationships. In these challenging times, you need the most solid defense possible to protect your rights and help you through the complex legal system. If you’re in Ventura, CA, and seeking the assistance of a highly skilled and experienced sexual battery attorney, Strongest Defense is the solution you need.
At Strongest Defense, our team of dedicated and passionate lawyers fully grasp the severity of your situation and are committed to providing you with top-tier representation. Our attorneys boast a remarkable track record of successfully defending clients against sexual battery charges, allowing them to avoid severe repercussions and rebuild their lives.
Don’t risk your future. Trust in the outstanding capabilities of Strongest Defense to guide you through these difficult times and fight for the most favorable outcome in your case. Contact us today to schedule a confidential consultation and take the first step towards regaining control of your life.
243.4 Sexual Battery
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 Strongest Defense, 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.
What Are California’s Sexual Battery Statutes?
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 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.
What Is The Difference Between Sexual Assault And Rape?
In California, the terms “rape” and “sexual assault” have distinct legal definitions. Rape is defined as non-consensual sexual intercourse involving force, threat, or fraud, or when the victim is unable to give consent due to incapacitation or a mental disorder. This includes vaginal, anal, or oral penetration by the offender. On the other hand, sexual assault is a broader term that encompasses a range of non-consensual sexual acts, such as unwanted touching, kissing, or rubbing.
While both rape and sexual assault are serious offenses, understanding their differences is crucial for legal proceedings and determining the appropriate charges and penalties.
How Does a Sexual Battery Defendant Get Convicted?
In order for a defendant to be convicted of sexual battery in California, the prosecutor must be able to prove the following:
- The defendant either directly or indirectly touched the claimed victim’s private regions via clothing.
- The victim did not consent to this interaction.
- The defendant meant to touch the claimed victim for sexual enjoyment, arousal, or abuse.
Suppose the defendant allegedly touched the victim during an interaction in which body parts are frequently handled such as during a physician’s checkup, it may be difficult for a prosecutor to prove the requisite elements of a sexual battery case.
Penalties for Sexual Battery Allegations in CA
In California, the penalties for sexual battery allegations depend on whether the charge is a misdemeanor or a felony. For a misdemeanor charge, the fine can be up to $2,000, or up to $3,000 if the victim was the defendant’s employee. In contrast, a felony charge carries a fine of up to $10,000.
Probation for a misdemeanor charge may involve summary or informal probation for up to 5 years, whereas formal probation is typically assigned for felony charges. Jail or prison time for a misdemeanor charge is up to 6 months in county jail, but it may extend to 1 year if there are aggravating factors present. For a felony charge, the prison sentence can range from 2, 3, or 4 years in state prison.
What Are The Possible Defenses of Sexual Battery Allegations?
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 a strong defense on the grounds of innocence.
Why Do I Need a Sexual Battery Attorney in Ventura, CA?
If you find yourself facing such charges, it is crucial to have a competent and experienced sexual battery attorney by your side.
- Understanding of the Law: Sexual battery laws in Ventura, CA, are complex and can be difficult to navigate without proper knowledge and experience. A skilled attorney will have a deep understanding of these laws and can guide you through the legal process.
- Building a Strong Defense: A sexual battery attorney will thoroughly investigate your case, gather evidence, and develop a strategic defense to challenge the prosecution’s case. This can significantly increase your chances of a favorable outcome.
- Protecting Your Rights: Throughout the legal process, a sexual battery attorney will ensure that your rights are protected and that you are treated fairly by the criminal justice system.
- Negotiating Plea Deals: In some cases, a sexual battery attorney may be able to negotiate a plea deal with the prosecution, which could result in reduced charges or a lighter sentence.
- Emotional Support: Facing sexual battery charges can be emotionally overwhelming. A compassionate attorney will provide the necessary support and guidance to help you cope with the stress and anxiety related to the case.
Why Choose Us?
Strongest Defense is a reputable law firm that has successfully represented clients in sexual battery cases in Ventura, CA. Here are some qualities that make us stand out:
- Extensive Experience: Strongest Defense has many years of experience in handling sexual battery cases, which gives our lawyers a deep understanding of the legal system and the strategies required to build a solid defense.
- Aggressive Representation: Our attorneys at Strongest Defense are known for our aggressive representation and relentless pursuit of justice for our clients.
- Personalized Attention: Strongest Defense takes a client-centric approach, providing personalized attention to each case and ensuring that our clients are informed and involved throughout the legal process.
- Proven Track Record: We have a history of achieving successful outcomes for our clients, which speaks to our competence and dedication.
- Confidentiality: The attorneys at Strongest Defense understand the sensitive nature of sexual battery cases and are committed to maintaining the strictest confidentiality for our clients.
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.
Call Our Ventura Sexual Battery Lawyers Now!
At Strongest Defense, our California sex crimes defense attorneys have 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.
Our Ventura criminal defense attorneys at Strongest Defense also offer the following services: