
Sexual assault can be both a state and a federal crime, though the classification depends on the severity of the behavior and the details surrounding the case. Most sexual assault allegations are handled in state court.
However, sometimes, the federal court system will step in to handle certain sexual assault charges, particularly those that are especially severe. So, is rape a federal crime? It can be, but a Los Angeles criminal defense lawyer can help you better understand the situation.
Is Sexual Assault a State Crime in California?
Yes, sexual assault is a state crime in California. These are examples of sexual assault allegations that are handled at a state level in California:
- Penal Code §243.4: Sexual Battery
- Penal Code §261: Rape
- Penal Code §272: Lewd and Lascivious Conduct
- Penal Code §286: Sodomy
- Penal Code §287: Oral Copulation by Force
- Penal Code §289: Sexual Penetration With an Object
Note that these are only examples of sexual assault charges in the state of California. In other words, this is not an all-inclusive list of sex crimes prosecuted in the Golden State. A Los Angeles sexual assault and rape defense lawyer can tell you more.
For a free legal consultation, call (310) 896-2723
When does the Federal Court System Handle Sexual Assault Cases?
The federal court system only handles charges that violate federal laws. For example, the federal court system will step in if a crime crosses state lines. This is not uncommon in cases involving child pornography.
For example, let’s say someone were to send pornographic images of minors over the internet to people in other U.S. states. This behavior would lead to federal involvement. But how is sexual assault proven? A lawyer can explain the process of proving guilt in a case like this.
What are the Penalties for State and Federal Sexual Assault Charges?
What are the penalties for a sexual assault charge? The truth of the matter is that it depends on the type of sexual assault conviction you’re facing. The exact penalties will be based on the charge a person is up against, but here’s what state convictions can result in:
- Fines and restitution payments to victims
- Jail time or prison sentences
- Sex offender registry requirement
Generally speaking, harsher punishments are applied when the sex crime involves a minor. The federal court system often imposes more serious penalties than state-level sexual assault convictions, including longer prison sentences in many cases.
Defenses for Sexual Assault Charges in State and Federal Court
A lawyer can build a defense for sexual assault charges in either the state or federal court system. Depending upon the facts of your case, we can work to show that the following details were true at the time of the alleged crime:
- You had consent to engage in sexual activity with the other person
- You were falsely accused of engaging in an act of sexual assault
- Your rights were violated during a sexual assault investigation
When you hire us to represent you, we can offer personalized legal assistance for people just like you. We have experience handling cases involving sexual assault claims, and you can rely on us to help you, especially when the police or the prosecutors are questioning you.
We can also take measures to reduce your charges through a plea bargain. However, you’ll often need to plead guilty to a different criminal act if you take a plea bargain. But don’t worry—we’ll review all offers made by the prosecution before agreeing to them.
Complete a Free Case Evaluation form now
How Can a Lawyer Strengthen Your Case Amid Sexual Assault Allegations?
When you’re facing sexual assault charges, a lawyer can make all the difference, especially in terms of the outcome of your case. Your attorney can guide you through every step of the legal process, from the very beginning all the way to the end.
Your legal counsel can make sure your rights are protected while simultaneously helping you avoid common pitfalls. They’ll thoroughly investigate the allegations against you, gather as much evidence as possible, and interview credible witnesses.
A lawyer can also identify, question, and challenge inconsistencies in the prosecution’s case as they work to weaken the arguments presented by the other side. Additionally, they’ll explore all legal avenues available to you, and they can even look into getting your charges dismissed.
Contact a Los Angeles Criminal Defense Law Firm for Legal Advice About Sexual Assault Charges
Facing sexual assault charges can be overwhelming, especially since these cases may be handled at either the state or federal level, depending on the circumstances. You might feel overwhelmed by everything that lies ahead, but that’s what we’re here for.
At Simmrin Law Group, we can provide you with legal representation no matter if you’re facing state allegations or federal accusations. We understand what it takes to handle sexual assault cases, and we’re ready to build a strong defense on your behalf.
Just remember—you don’t have to face this all by yourself. Contact us today to set up a time to meet. You’ll have the opportunity to learn about us and ask us any questions you may have.
Call or text (310) 896-2723 or complete a Free Case Evaluation form