Facing criminal charges of any nature in California can be overwhelming. However, offenses relating to sexual assault can be especially concerning, as these crimes often carry severe and lasting penalties to your future, freedom, and reputation. Unfortunately, even an allegation of sexual assault—even if completely false—can damage your reputation and strain your relationships with family, friends, and the community. So, how does California define sexual assault? Here is a brief overview of various forms of sexual assault and their potential consequences.
California’s Legal Definition of Sexual Assault
In California, the term “sexual assault” is also called “sexual battery.” Pursuant to California Penal Code, Section 243.4, “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.” To convict someone of sexual assault, prosecutors must show that the defendant intended to touch the alleged victim (against their will) for sexual gratification or arousal.
Misdemeanor vs. Felony Sexual Battery
Depending on the specifics of the case, the court can charge you with a misdemeanor or felony sexual assault crime. Incidents that do not involve unlawful restraint, such as groping someone without obtaining consent, are typically considered misdemeanors. If convicted, you could face up to a year in county jail and up to $2,000 in fines (up to $3,000 if the defendant was the victim’s employer). However, if the incident involved the unlawful use of force, such as holding someone against their will, or if the alleged victim was mentally incapacitated or lied to about the purpose of the touching (i.e., a doctor fraudulently claiming that the touching served a medical purpose), felony charges could ensue. Penalties range from a two- to four-year prison sentence and up to $10,000 in fines.
Contact a Skilled Los Angeles County Defense Lawyer Today
Facing criminal charges, especially those involving sexual assault, can be frightening. As soon as possible, reach out to a knowledgeable Los Angeles County criminal defense lawyer to discuss your situation. Many people feel isolated and anxious when arrested for sexual assault, but you don’t have to go through this challenging time alone. Your attorney can answer your questions, address your concerns, and help you fight to defend your reputation and your freedom.
If you or someone you love is facing sexual assault charges in Los Angeles County, call Wegman & Levin right away at (818) 980-4000 to schedule a free consultation with a trusted criminal defense attorney.
