Sexual battery charges in California are severe, and they can lead to punishments that damage your reputation. If you or someone in your family is facing these types of allegations, seek professional legal help immediately. At Simmrin Law Group, we can help you combat sex crime charges and minimize your punishments.
We are experienced sexual battery defense lawyers in Los Angeles, and we can review your case during a free consultation. We understand that any accusation of sexual impropriety can have far-reaching consequences on your career, family, and social life. In many cases, we eliminate the charges or get them significantly reduced.
Understanding California’s Sexual Battery Laws
California defines sexual battery as a separate sex crime from rape, although both fall under sexual assault. The definition of sexual battery is unwanted or forced sexual touching without intercourse. It can also involve physically overpowering someone for sexual release or sexual abuse. There does not have to be evidence of penetration to receive sexual battery charges.
The legal definition of sexual battery comes from California Penal Code Section 243.3. It classifies sexual battery as touching another party’s intimate body part against their will or consent for sexual gratification, arousal, or abuse.
A person can perform sexual touching regardless if the victim is clothed or unclothed. However, the sexual battery charges are more severe if the defendant directly touched the victim’s body without clothing or forced an entry, such as unbuttoning the victim’s pants or blouse. In these circumstances, the sexual battery charges can constitute a felony.
Defining “Intimate Body Parts” in a Sexual Battery Case
For an act to be classified as sexual battery, the perpetrator must touch the victim’s “intimate body parts.” These body parts include sexual organs and areas of the body, including the:
- Penis
- Vagina
- Breasts
- Buttocks
- Anus
- Groin area
If a person touches any of these areas without the other party’s consent, they may receive sexual battery charges. If you are facing these types of accusations, don’t hesitate to call in a legal expert. A Los Angeles sexual battery defense lawyer can prove your innocence and fight for justice on your behalf.
For a free legal consultation with a Criminal Defense lawyer serving Los Angeles, call (310) 928-9347
Sexual Assault vs. Sexual Battery Charges
When charged with a sex crime, it’s essential to understand the types of charges you face. Sexual battery and sexual assault are used interchangeably because sexual assault is a broad term that describes a number of sexual crimes.
Since sexual assault is an umbrella term, sexual battery is a form of sexual assault. However, not all sexual assault charges classify as sexual battery. Sexual battery is specific to the touching of an intimate body part in a sexual manner. In addition to sexual battery, sexual assault also includes:
- Rape
- Incest
- Forcible object penetration
- Forcible sodomy
- Sexual contact with minors (consensual or not)
- Internet sex crimes
- Lewd acts
- Public indecency
If you are confused about the types of sex crime charges you face, consult with a well-versed Los Angeles criminal defense lawyer at Simmrin Law Group. We can provide free claim reviews to help you better understand your charges and determine the best legal action to minimize your penalties.
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Types of Penalties for Sexual Battery Convictions in Los Angeles
You can face misdemeanor or felony charges in a Los Angeles sexual battery conviction, and each one leads to a different set of penalties. In both cases, you will have to register as a California sex offender. For a sexual battery misdemeanor, you may receive:
- Up to six months in county jail
- Up to $2,000 worth of fines (the fines increase to $3,000 if you are the victim’s employer)
- Informal probation
If a judge finds you guilty of aggravating circumstances, you may have to spend one year in county jail. Aggravating circumstances include:
- Physically restraining the victim
- Using your authority to prevent the victim from leaving
- Using your position as a doctor or therapist to facilitate inappropriate touching
For sexual battery felony charges, your punishment can include:
- Two to four years in a California state prison
- Up to $10,000 in fines
- Supervised probation after your release
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Factors That Influence Sexual Battery Punishments
When determining your sexual battery punishments, a California court will consider the specific details surrounding your case. These details may include:
- Whether you are a first-time or repeat offender
- Any past trauma or mental disorders that may have diminished your moral judgment
- Intoxication or cognitive impairments at the time of the incident
- Past or current treatments for unhealthy sexual behaviors
- Your moral character and community conduct
When our sexual battery defense attorneys in Los Angeles take on your case, we account for these mitigating factors and emphasize them during your hearing. We use these determinants to negotiate less severe penalties, like reduced jail time or lower fines.
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Defenses to Eliminate or Reduce Sexual Battery Charges
Yes, it is possible to win a sexual battery case. In fact, this is often a tough charge for the prosecution to prove due to lack of evidence. Even if the police or prosecutor told you they have an airtight case, you can still win with the right Los Angeles sexual battery defense attorney in your corner.
Our Los Angeles sex crime lawyers use innocence, consent, and insanity defenses to eliminate charges when taking on your claim. Our process starts with our free consultation. From there, we determine what legal action to take to provide the best outcome.
Innocence Defense
False accusations happen, whether intentional or due to mistaking the defendant’s identity with another party. Research shows that false reporting accounts for 2% to 10% of sexual assault claims.
We prove how our clients were innocent by presenting a defensive alibi. We use photos, call in witnesses, and present other forms of credible evidence to confirm that you were somewhere else during the alleged sexual battery incident.
The prosecuting team has a burden of proof to demonstrate beyond reasonable doubt that you are guilty. Our criminal defense lawyers raise enough doubt to convince the judge or jury to drop your sexual battery charges.
Consent
Sexual battery charges only exist when there is a lack of consent. Our legal team may use the victim’s sexual history or the nature of your relationship with the victim to demonstrate how the sexual acts were consensual. In addition, we may use text messages, voicemails, or other pieces of evidence to deny your battery charges.
Likewise, the prosecuting team must prove that the victim did not consent to the sexual acts. If they cannot produce enough evidence to convince the courts of a lack of consent, then your charges may be reduced or dropped altogether.
Keep in mind that the consent defense is only applicable to cases involving parties over 18. Any sexual act with a minor (person under 18) is illegal in California, regardless of consent.
Diminished Mental Capacity
Known as the insanity defense, our sex crime defenders can demonstrate how a mental disorder or defect impaired your judgment at the time of the crime. Insanity defenses should remove all criminal liability for your actions, and a judge may require you to seek professional rehabilitation following your hearing.
Our Process for Defending Los Angeles Sexual Battery Cases
When you partner with our Los Angeles sexual battery defense lawyers, we provide expert defense strategies and legal advice. You may feel like the world is against you, but our legal team becomes the trusted ally you can rely on to defend your reputation.
Throughout the defense process, our sexual battery attorneys will:
- Help you understand how the prosecution works and the different legal options you face
- Review the timeline of your criminal case to determine if any of your rights were violated
- Become familiar with key parties and conduct interviews as needed
- Look for flaws and inconsistencies in the prosecuting team’s evidence
- Present a credible defense to reduce or deny your charges in front of a judge or jury
Our sex crime lawyers are experts in their field, and we are well-versed in California statutes. If you are facing charges, trust our Los Angeles criminal defense team to take on your case.
Review Your Case With Our Los Angeles Sexual Battery Attorneys
Sex crime convictions can have lifetime consequences. Don’t allow one incident to define who you are for the years to come. Instead, let the experienced sexual battery attorneys at Simmrin Law Group take on your case.
We are the criminal defenders Los Angeles residents trust. We will act as your counsel and become an ally in the court system. Contact our team now to schedule your free sexual battery case review.
Call or text (310) 928-9347 or complete a Free Case Evaluation form