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Sexual Battery

California Penal laws distinguish between the simple battery and sexual battery and have more severe punishments for the persons charged with sexual battery. The law discriminates between the normal act of physical touching or physical assault and that of sexual nature. The statute 243.4 in the California Penal Code specifically addresses the problem of sexual battery. In case you, your friend or a family member is cited for sexual battery, it is in the best interest of the defendant to consult a professional defense lawyer with knowledge of sexual crimes and battery laws in the state. If you are considering fighting your case on your own or rely on a public defender, you may end up with harsh sentences and a conviction that can alter your life for worst. Since, there is a significant risk of conviction in the cases of sexual battery, a defense attorney from the established and reputed law office can be your best chance for a successful defense of your case.

First of all, it is important to know what sexual battery is and what are the elements of the crime in these cases.

What is Sexual Battery Under 243.4?

As stated in the statute 243.4, any person who touches the intimate parts of another person or touches another person with his intimate parts against the will of the person touched while restrained or restrained by an accomplice for arousal or sexual gratification is guilty of sexual battery. Based on this definition there are four elements of the crime that prosecutor must establish for a conviction.

  • The defendant or an accomplice restrained another person.
  • The defendant touched the victim’s intimate part, OR the defendant touched his or her intimate part to the victim.
  • The touching was the will of the person touched.
  • The touching was done for sexual gratification or arousal or sexual abuse.

The intimate parts of the person defined in this law groin, anus, buttocks, or breasts of a female and restrained in the law mean controlling the liberty of another person.

For example, a man approached a woman on a lonely street, grabbed her and while grabbing fondled her bare breasts. The person can be charged with sexual battery as he restrained her movement and touched her intimate part on bare skin.

Penalties of Sexual Battery Under 243.4

Sexual battery is a wobbler in California and can be charged as a misdemeanor or a felony depending on the severity of circumstances and criminal record of the defendant.

Misdemeanor

The above-mentioned elements of the crime are used to establish first offense a misdemeanor. In a misdemeanor conviction, the sentences are up to one year in county jail and up to $2000 in fines.

Felony

The defendant will be charged with a felony if in addition to the above elements,

243.4(b): The victim was institutionalized for medical treatment, was physically incapacitated, or disabled.

243.4(c): The touching was done under the guise of professional treatment.

For example, a doctor inserted his fingers into the vagina of his patient and fraudulently convinced her that it is for her treatment, the doctor will be guilty of felony-level sexual battery.

The felony level offense can be sentenced to two, three or four years in state prison, up to $10, 000 in fines or both.

Available Defenses in Sexual Battery

If you are facing charges of sexual battery, you should not despair. We understand that many people are falsely accused of sexual battery because of personal or professional grudges with the victim. At David S. Chesley’s law office, a team of qualified and highly competent criminal defense attorneys is waiting to help you out in this situation. Even though we take each case individually and prepare a specific defense, some of the common defenses in the cases of sexual battery include,

False Accusation: The defendant was falsely accused of the charges by the victim. We prove this by finding relevant details about your relationship with the victim and finding proofs of false accusation.

Lack of Evidence: We employ aggressive defense aiming to invalidate evidence presented by the prosecutor.

Consent: The defendant had victim’s consent for touching, and it was a consensual physical touching.

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Prostitution

According to the Penal Code 647(b), any person who solicits accepts to engage in or engages in any act of prostitution in return to receive money or anything of value from the other person commits the crime of disorderly conduct.

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Lewd Acts

Soliciting or engaging in lewd acts in public place or a place in public view is a crime in California and the deviants are dealt harshly with punishments including jail time and monetary fines.

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Rape

Rape is one of the worst crime, and a citation for rape means that you are in the row for severe punishments. California has one of the strictest stances against rape and severely punishes the victim.

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Child Molestation

Child molestation laws are one of the strictest criminal laws in California and carry prison sentences for convicts.

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Sex Offender

If you have been convicted of a sex crime in California, you are required to register yourself as a sex offender even after completing your sentence.

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Sexual Battery

California Penal laws distinguish between the simple battery and sexual battery and have more severe punishments for the persons charged with sexual battery.

Learn More

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Recent Results

  • Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!

  • Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!

  • Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!

  • Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!

  • Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.

  • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

  • Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!

  • Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!

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