What Are the Penalties for a Sexual Assault Charge?

What Are the Punishments for Sexual Assault in California?

The kinds of punishments you could receive for a sexual assault charge are the same between misdemeanor and felony sexual assault cases. Felony sexual assault carries heavier penalties. Here is what you can expect if you’re convicted:

Incarceration

Most convicted sexual assaulters will get incarcerated. If you were charged with a misdemeanor, your imprisonment will be a year or less. Felony sexual assault carries a sentence of up to four years. 

If your crimes were such that the federal government gets involved, your sentence could be much longer. The same goes if you committed other crimes during the act.

Fines and Restitution

You will also have to pay a fine to the court and may need to give restitution to the victim. For a misdemeanor, the fine is $2,000 or less. For felony sexual assault, it’s $10,000 or less. If your victim was a minor or suffered great bodily harm, you may need to pay restitution on top of the fine.

You may also face a civil trial for any harm caused to the victim. This is separate from any criminal case. If you lose your civil claim, you will need to pay additional money to the victim for their damages.

Probation

You will likely have to serve probation for a time, whether misdemeanor or felony. It is up to the court to decide how long your probation lasts. Following all of the rules is important to stay out of jail or prison. A lawyer’s help with understanding them can be invaluable.

Sex Offender Counseling

If you are convicted of sexual assault, you will be required to attend mandatory sex offender counseling for a certain length of time. Attending all sessions will be part of your probation requirements.

Sex Offender Registration

On top of all this, you will also have to register as a sex offender. If you committed a misdemeanor sexual assault, you must register for 10 years. Felony offenders must register for the rest of their lives.

Any of these could be intensified if you used force or a weapon, caused serious bodily injury, used threats, or if the victim was a minor.

For a free legal consultation, call (310) 896-2723

Is Sexual Assault the Same As Rape in California?

Rape is a type of sexual assault, but carries slightly different penalties. The court must prove that you committed sexual intercourse with the victim without their consent. Rape is a felony crime, and you could face 3-8 years in prison on top of the other penalties above.

What Are Defenses that Could Stop These Penalties?

As you can see, you can face harsh penalties if you are convicted of sexual assault in Los Angeles. Fortunately, you can work on building a defense to these charges right away with the help of a criminal defense lawyer. There are three major defenses.

Consent

If you had the willing and voluntary agreement of the victim to engage in the acts, then the act was not assault. Consent does not have to be given verbally for it to apply. You may be able to argue that, given the situation, consent was present.

Witnesses to the situation could also testify whether they believe consent was present, as can the behavior of the victim before, during, and after the act. Character witnesses could also work in your favor.

However, there are situations where the victim cannot give consent. This includes mental incapacity, intoxication, or if you coerced the victim into giving consent somehow.

No Sexual Touching

Sexual assault crimes have two components. First, the victim must be touched in intimate areas. Second, the touch must have been for sexual arousal, gratification, or abuse. You could avoid the penalties of a sexual assault charge if you can show these weren’t true in your case.

False Accusation

If you have an alibi that proves there was no way you could have done the acts you’re accused of, then you may have been subject to a false accusation. Our defense team can investigate whether the accuser had a motive to make false accusations.

Call the Simmrin Law Group for Help Today

The penalties for a sexual assault charge can follow you around for the rest of your life, especially if it’s a felony. If you are charged with any kind of sexual crime, you must have legal representation to defend yourself. Contact Simmrin Law Group if you’ve been accused of sexual assault.