You recently decided to have a night out at the Newport Beach bars with a few of your friends. You met an attractive female at one of the bars. After some mutual flirting, the two of you decided to hit the dance floor. While dancing, you touched and lightly grabbed her breasts. Now, you are being accused of a sexual assault under California Penal Code section 243.4. At this point, you need to understand the defenses to sexual assault charges criminal defense attorneys can use to protect you from a conviction.
If you are being charged with sexual assault, the consequences will be severe. It is important to contact an experienced criminal defense attorney at Wallin & Klarich who knows how to defend you against the charges. Before knowing the defenses to sexual assault charges, it is necessary to understand what is considered sexual assault.
What is Sexual Assault?
To convict you of a sexual assault, also known as a sexual battery, under California Penal Code 243.4, the prosecutor will need to prove the elements listed below:
- You touched an “intimate part” of the victim;
- You touched the victim against his or her will; AND
- You touched the victim in order to gratify your sexual desires.
According to California Penal Code section 243.4(g)(1), the term “intimate part” includes the following body parts:
- Buttocks; OR
Defenses to Sexual Assault Charges
If you believe that you have been falsely accused of a sexual assault, you need to contact Wallin & Klarich today. Our aggressive sexual assault defense lawyers have been winning sexual assault cases for over 30 years and know all the defenses to this charge. Your Wallin & Klarich attorney can raise one of the defenses below to disprove the sexual assault allegations against you:
- The prosecutor cannot convict you of sexual assault if the alleged victim consented to the touching.
- Example: In the scenario above, you may not be convicted under PC 243.4 if the female consented to you touching her breasts while dancing.
- Not an intimate part
- You cannot be convicted of a sexual assault if you did not touch one of the alleged victim’s intimate parts enumerated under California Penal Code section 243.4(g)(1).
- Example: You touched a person’s neck area in order to gratify your sexual desires. Since the neck is not an intimate part listed under PC 243.4(g)(1), you may not be convicted of sexual assault.
- No sexual gratification
- If you did not touch an intimate part of the victim in order gratify your sexual desires, you may have a valid defense to a sexual assault charge.
- Example: You touched a female’s breasts while attempting to block a shot during a game of co-ed basketball. This touching was a consequence of participation in the sport and not done for sexual gratification. Thus, you may not be convicted of a sexual assault.
Why You Need the Law Offices of Wallin & Klarich
The skilled criminal defense attorneys at Wallin & Klarich have over 30 years of experience successfully handling sexual assault cases. Our attorneys are well-versed in all of the defenses to a sexual assault charge. Drawing from our extensive experience, we will thoroughly review your sexual assault case and prepare an effective defense strategy that is tailored to your case. If you are accused of a sexual assault, it is imperative that you call the law offices of Wallin & Klarich.
Our offices are located in Orange County, Los Angeles, San Diego, Riverside, West Covina, Torrance, Ventura, Sherman Oaks, San Bernardino and Victorville. Give us a call today at (877) 466-5245 to inquire about your case. We will get through this together.