Each state has some form of sexual assault laws. In California, the term “sexual battery” refers to the unwanted touching of another person’s intimate parts for the purposes of arousal, sexual gratification, or abuse. Depending on the circumstances of the alleged incident, prosecutors may charge you with felony or misdemeanor sexual battery. Here’s what Los Angeles County residents should know about felony sexual battery charges and what to do if placed under arrest for this offense.
How California Defines Sexual Battery
According to California Penal Code 243.4(a), “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.” Unlike rape charges, sexual battery does not require the perpetrator to engage in penetration or sexual intercourse. It’s important to note that the term “unlawfully restrained” can refer to words, acts, or authority. Sexual battery involving restraint or incapacity is a wobbler, meaning it can be charged as either a felony or misdemeanor. The prosecutor will consider the facts of a particular case (as well as the defendant’s criminal history) to decide whether to pursue the matter as a misdemeanor or a felony.
Penalties for a Sexual Battery Conviction
If the victim is not restrained or incapacitated, the penalty for a misdemeanor sexual battery is up to 180 days in county jail. A misdemeanor sexual battery conviction of a person who is restrained or otherwise incapacitated can lead to up to one year in county jail, a $2,000 to $3,000 fine, or probation of up to five years. All misdemeanor sexual battery convictions also require that the defendant register as a sex offender for ten years. The penalties become much more severe when charged as a felony. If convicted of a felony sexual battery, you could face between 2 to 4 years in state prison (or even longer if the victim sustained a significant or substantial physical injury), up to $10,000 in fines, registration as a sex offender for life, felony probation, or a combination of the above.
Protecting Your Freedom and Your Future
As soon as law enforcement arrests you for sexual battery, you need to think strategically. Exercise your right to remain silent until you’ve spoken to a trusted Los Angeles County criminal defense lawyer. Unfortunately, having your name associated with crimes like rape and sexual assault can destroy your reputation long before you obtain your right to a fair trial. Working with an experienced attorney is the best way to mount a strategic defense and keep your future as bright as possible.
Call Wegman & Levin today at (818) 980-4000 to schedule a free consultation with a skilled Los Angeles County criminal defense attorney.
