Sexual assault charges carry serious legal and personal consequences. If you’ve been charged with sexual assault in California, a Burbank sex crimes lawyer can explain your options and defend your rights.
California law imposes strict penalties for sexual assault. Getting through the legal system can be overwhelming. But luckily, you don’t have to do so alone.
The attorneys at Simmrin Law Group have served thousands of clients over decades of combined experience. If you’ve been charged with sexual assault, a Burbank sexual assault lawyer from our team can take on your case and help build a strong defense.
How a Sexual Assault Lawyer Can Help You
If you’ve been accused of sexual assault, a sexual assault attorney can:
- Evaluate your case: A lawyer can review the details of your case to identify strengths, weaknesses, and potential defenses.
- Explain your rights: A lawyer can inform you of your legal rights and explain what to expect during the legal process.
- Negotiate on your behalf: A lawyer can work with prosecutors to reduce your charges or seek alternative sentencing options.
- Represent you in court: If your case goes to trial, a lawyer can defend you in court with a strong, evidence-backed strategy.
A Burbank criminal defense lawyer can work tirelessly to achieve a positive outcome for you.
For a free legal consultation with a sexual assault lawyer serving Burbank, call (310) 896-2723
Penalties for Sexual Assault in California
California imposes severe penalties for sexual assault convictions, which can include:
- Prison time: Sentences can range from one year to 10 or more years, depending on the severity of the offense.
- Fines: Convictions can result in fines of up to $10,000.
- Sex offender registration: Convicted individuals must register as sex offenders, often for life.
- Probation: Courts may impose strict probation terms.
A sexual assault attorney in Burbank can work to reduce or even dismiss the penalties facing you.
Aggravating Factors
Certain aggravating factors can lead to harsher penalties for those convicted of sexual assault in California. Those factors include:
- Use of a weapon during the assault
- Causing serious bodily injury
- Assaulting a minor
- Prior convictions
- Multiple victims
Burbank Sexual Assault Lawyer Near Me (310) 896-2723
Defense Strategies for Sexual Assault Charges
Defending against sexual assault charges requires a personalized approach. Common defense strategies include:
- Challenging consent claims: This involves proving that the act was consensual with evidence or eyewitness testimony that supports mutual agreement.
- False accusations: This defense involves demonstrating that the allegations are baseless or motivated by malice, often through cross-examination and evidence.
- Mistaken identity: This strategy argues that the accused was not the perpetrator, using alibis or forensic evidence to establish doubt.
- Violation of rights: This highlights instances of unlawful searches, seizures, or procedural errors that can undermine the prosecution’s case.
A sexual assault lawyer in Burbank can gather evidence and interview witnesses to build a robust defense.
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How Does California Define Sexual Assault?
California defines sexual assault as non-consensual sexual contact. This definition covers actions like:
- Sexual penetration without consent
- Sexual battery
- Lewd acts with a minor
- Attempted rape
Consent must be freely given, and an inability to consent due to intoxication, unconsciousness, or coercion can constitute sexual assault.
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Types of Sexual Assault Charges in California
Common types of sexual assault charges in California include:
- Rape: Non-consensual sexual intercourse through force, fraud, or coercion.
- Sexual battery: Touching another person’s intimate parts without consent.
- Statutory rape: Sexual activity with a minor under the age of consent.
- Child molestation: Sexual acts or behaviors involving minors.
Each of these charges can result in different legal penalties.
What Is the Statute of Limitations for Sexual Assault Claims in California?
In California, adult sexual assault victims can file a lawsuit up to 10 years from the date of the incident or three years from discovering the harm. A lawsuit for child sexual assault must be filed before the survivor’s 40th birthday.
Can I Be Sued for Sexual Assault?
Yes, individuals accused of sexual assault can face civil lawsuits in addition to criminal charges. A civil case seeks monetary damages for the victim’s physical, emotional, and financial harm.
Unlike criminal cases, the burden of proof is lower in civil court, making a strong legal defense essential.
What Is the Difference Between Rape and Sexual Assault?
While rape is a type of sexual assault, the terms are not interchangeable:
- Rape: Refers specifically to non-consensual sexual intercourse.
- Sexual assault: A broader term encompassing various non-consensual sexual acts, including groping, unwanted touching, and attempted rape.
Contact a Burbank Sexual Assault Attorney Today
A sexual assault accusation can be overwhelming. The stakes of such a charge are incredibly high, and the uncertainty of what lies ahead can be distressing.
Fortunately, you don’t have to go through this challenging experience without help. An experienced Burbank sexual assault attorney from Simmrin Law Group can guide you through the legal process and fight for your rights.
Don’t wait to protect your reputation. Schedule a consultation today to start building your defense.
Call or text (310) 896-2723 or complete a Free Case Evaluation form