Step into any late night club in California and you will see a variety of men and women dancing, drinking and flirting. Yet, while these fun late night encounters might seem like a good idea at the time, they may come back to haunt you if you inappropriately touch another club goer. In the State of California touching and other sexual advances can be considered sexual battery if they are performed against the other person's will. Unfortunately, misdemeanor sexual battery is considered a sex crime and if you are convicted, you will be forced to register as a sex offender for the rest of your life.
California Misdemeanor Sexual Battery-the Law
Under California penal code 243.4 P.C., you can be convicted of misdemeanor sexual battery if the prosecution can prove the following:
- You touched an intimate part of another person
- You touched them for sexual purposes or sexual arousal
- These acts were performed against the other person's will or were fraudulently obtained
Intimate part of another person is a female's breast, or the anus, groin, sexual organ, or buttocks of anyone.
Sexual battery - In the State of California, any unwanted sexual touching of an intimate part of another person is considered sexual battery-even if it occurs between a couple in an established relationship. Because of this, innocent men and women are charged with this crime every year.
California Misdemeanor Sexual Battery-the Penalties
If you are convicted of California Misdemeanor Sexual Battery, you will face severe and lifelong penalties, including:
- Probation for up to 5 years
- Up to 6 months or 1 year in the county jail
- Maximum $3,000 fine
- Lifelong registration as a sex offender
If the sexual battery charges against you concerned a handicapped or medically incapacitated individual, the District Attorney may increase the charges to a felony and you can find yourself facing up to 4 years in the California State prison and a maximum $10,000 fine.
California Misdemeanor Sexual Battery-Preparing your Defense
California sexual battery charges - allegations of a sexual battery can be brought by anyone after any sexual encounter. While many cases of sexual battery involve strangers or acquaintances, many do not. Jilted lovers, ex-girlfriends, spouses and ex-spouses can all bring charges of sexual battery. As a result, you need an experienced and aggressive California defense attorney on your side to defend your rights and your future.
At Ahmed & Sukaram, our San Mateo County criminal defense attorneys can investigate the accuser's motives in order to establish your defense. Ex-spouses may falsely accuse their partner of sexual battery in an attempt to win their divorce case, win child custody issues or simply to "scare" them into settling quickly. Ex-lovers, on the other hand, may simply want to hurt you or get revenge. False charges for sexual battery are filed every year out of jealousy, anger or spite. Therefore, your California defense attorney will need to examine all angles of your case in order to prevent these fraudulent charges from ruining your life.
Sexual battery is an extremely serious charge that can follow you throughout your life. As a result, you need a CA defense attorney who understands the seriousness of these charges. At Ahmed & Sukaram, protecting your future is our highest priority. Prosecutors and police officials will often side with the accuser-instead of examining all aspects of the incident. When this occurs, you will need an experienced California defense attorney on your side who can protect you from these serious and dangerous allegations. Through skillful negotiation and courtroom work, the attorneys at Ahmed & Sukaram can lobby for reduced charges and no jail time. If you are a first time offender, the defense lawyers at Ahmed & Sukaram will fight for a complete dismissal of your case.
For more information about California misdemeanor sexual battery defense, contact Ahmed & Sukaram criminal defense lawyers about your felony or misdemeanor charges, your rights, or for answers to general questions.