Under California Penal Code Section 243.4, sexual battery is defined as:
- The touching of an intimate part of another person
- Against the will of that person
- For the specific purpose of sexual arousal, gratification or abuse
If you are convicted of this crime, you face severe penalties. Sexual battery is a wobbler crime, which means it can be charged either as a misdemeanor or a felony. A misdemeanor conviction is punishable by up to six months in county jail and a fine of up to $2,000. If you are convicted of felony sexual battery, you face two, three or four years in state prison and a maximum fine of $10,000.
Perhaps the most devastating punishment is the requirement to register as a sex offender for the rest of your life under California Penal Code Section 290. However, you may be able to avoid these harsh penalties by hiring a skilled sexual battery attorney to defend you.
Our sex crimes attorneys have been successfully defending our clients facing sexual battery charges for more than 35 years. Here are some valid legal defenses we have used to obtain positive outcomes for our clients:
As in any case involving a sex crime, “no” means no. However, if an ordinary person would reasonably believe that consent was given to have sexual conduct, you will not likely be convicted of this crime. This could be a valid defense if the alleged victim acted in a way that indicates consent or if the alleged victim is lying about denying you consent.
Attacking the Credibility of the Alleged Victim
In most sexual battery cases, the word of the victim is the only evidence. In those cases, the credibility of the alleged victim is extremely important. That is why a skilled criminal defense attorney could attempt to show that the alleged victim should not be trusted.
A lawyer may be able to do this by showing your accuser has a history of lying or a criminal record. At the same time, your lawyer will attempt to show that you are not the type of person who would commit this crime by showcasing your lack of criminal history and clean psychological record.
In some cases, showing that your accuser had a motive to make a false accusation of sexual battery can tarnish the victim’s credibility. For example, a jealous ex-boyfriend or girlfriend may accuse you of sexual battery out of spite. If you are going through a divorce, your ex-spouse may accuse you of this crime in an effort to gain an advantage in a custody battle for your children or for leverage in divvying up your joint assets.
Contact the Sexual Battery Attorneys at Wallin & Klarich Today
A sexual battery conviction could lead to devastating long-term consequences. That is why you should seek the help of an experienced sex crimes attorney as soon as possible. At Wallin & Klarich, our skilled criminal defense attorneys have over 35 years of experience successfully defending clients facing sexual battery charges. We diligently pursue every defense we can to give you the best possible outcome in your case.
With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance and Victorville, there is an experienced Wallin & Klarich sex crimes attorney available to help you no matter where you work or live.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.