Allegations of sexual battery in Los Angeles against celebrities, athletes and even politicians are rather common. It seems like every week a new celebrity is being investigated for sexual assault. For example, the Los Angeles Police Department temporarily reopened its investigation into sexual assault allegations against musician Cee Lo Green in October.1 A woman alleged that the “The Voice” judge spiked her drink after meeting him at a restaurant last year.
However, celebrities are not the only people facing sexual assault allegations. Allegations of sexual assault are being brought against California residents as well.
What is Sexual Battery in Los Angeles?
California Penal Code 234.4 defines sexual battery as the unlawful touching of an intimate part of another person for the purpose of sexual gratification, arousal or abuse. The unlawful touching must be without consent and against the will of the person touched.
At Wallin & Klarich, we understand the stigma and pressure you may be feeling if you are investigated or charged with sexual battery. In order to ease some of your fears, we have provided you with a list of things you should expect if you are charged with sexual battery in Los Angeles County.
What Should You Expect if You Are Charged with Sexual Battery?
- An Allegation of Sexual Battery Can Lead to an Exhaustive Investigation: The prosecution will conduct an investigation into all aspects surrounding the alleged sexual battery. If you are involved in an ongoing sexual battery investigation, you should seek out an experienced criminal defense attorney immediately. An experienced attorney can identify weaknesses or gaps in the prosecution’s case against you. Also, you should never speak to the police when you are being investigated for sexual battery in Los Angeles. You should have one of our experienced criminal defense lawyers speak to the police on your behalf.
- False Allegations are Common: Because sexual battery allegations do not require any physical evidence, it is very easy for an alleged victim to make up a story. Many times, an alleged victim will make up a sexual assault story because of feelings of revenge or anger.
- Insufficient Evidence: The prosecution has the burden of proof in your case. The state must prove every element of the crime beyond a reasonable doubt. The experienced attorneys at Wallin & Klarich will use this burden of proof to your advantage. In some situations, we may be able to get your case dismissed before trial.
- Consent is a Significant Factor: If the alleged victim consented to the touching, you cannot be found guilty of sexual battery. Furthermore, if you had a reasonable belief that the intimate touching was consensual, you cannot be found guilty of sexual battery. An issue of consent frequently arises during dating situations or when consumption of alcohol is involved. An experienced criminal defense attorney can use the facts of your case to help you present the best possible defense.
- Registration as Sex Offender: If you are convicted of sexual battery, you will likely be required by the judge to register as a sex offender under Penal Code section 290. This is why it is extremely important that you consult with an experienced attorney. An experienced, aggressive criminal defense lawyer will help you avoid this penalty.
Where Can I Find the Most Experienced Sexual Battery Defense Attorney in Los Angeles County?
At Wallin & Klarich, our criminal defense attorneys have over 30 years successfully defending clients accused of sexual battery. We understand that many sexual battery allegations are baseless and arise from emotional affairs. Our attorneys are well-versed in defending these cases and have the knowledge and experience to help you win your case. We will examine the circumstances of your particular case in order to provide you with the best possible defense.
Our offices are located in Orange County, Los Angeles, Torrance, Sherman Oaks, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 or fill out our client information form online. We recognize this is a difficult time in your life, but we will get through this together.