The moment someone accuses you of a sex crime, your life becomes complicated. Even though our country maintains that defendants are innocent until proven guilty, mere allegations of a sexual offense can ruin your reputation and strain your relationships with loved ones. There are different types of sex offenses under California law, including sexual assault and sexual battery. Here are some things you should know about these criminal offenses so you can prepare for the days, weeks, and months ahead.
Legal Definition of Sexual Assault and Sexual Battery in California
Under California state law, sexual assault and sexual battery are essentially the same offense. California Penal Code section 243.4(a) states, “Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.” In order for a crime to constitute sexual assault or battery, the perpetrator must touch the intimate parts of the victim, even if the touch occurs when the victim is fully clothed. Sexual assault and sexual battery can also be committed against a person who is unconscious, disabled, or mentally incapacitated.
Penalties For Sexual Assault and Sexual Battery
A person convicted of sexual assault or sexual battery could face imprisonment in a county jail for up to one year and a fine of up to $2,000. However, depending on the specific circumstances of the offense, California law states that a person convicted of sexual battery or sexual assault could face imprisonment in state prison for two, three, or four years and up to $10,000 in fines. Offenses against a clothed victim are typically charged as misdemeanors, while offenses against a person under the age of 18 may lead to felony charges.
Protecting Your Freedom and Your Future
In addition to jail time and fines, a sexual assault conviction carries other weighty consequences. Anyone convicted of a sex crime in California must register as a sex offender with the California Department of Justice and update this information annually. As a result, you will face barriers to housing and employment options, even after you have served the terms of your sentence. Since the consequences of a sex crime conviction are so serious, it’s essential that you work with a skilled Los Angeles County criminal defense attorney to keep your future as bright as possible.
If you are facing sexual assault or sexual battery charges in Los Angeles County, call Wegman & Levin today at (818) 980-4000 to arrange a free consultation with a trusted and experienced criminal defense lawyer.
