In the heat of the moment, it can be easy to misunderstand or misinterpret someone. Unfortunately-when it comes to sex-this misunderstanding can be classified as a sex crime. If you mistakenly assumed that your partner liked it "rough" or failed to establish a "safe" word during an aggressive sexual encounter, you could be charged with sexual battery. Since sexual battery is categorized as a sex crime, if convicted, you will be forced to register as a sex offender for the remainder of your life.
California Felony Sexual Battery
According to California Penal Code 243.4 PC, sexual battery can be charged as either a misdemeanor or a felony. By law, Felony sexual battery is the non-consensual sexual touching of a person who is:
- Medically Incapacitated
- Unlawfully Restrained
- Unconscious to the Nature of the Act or
- Fraudulently Deceived
In addition, if you force another person to masturbate or touch another person for sexual purposes, you can be charged with felony sexual battery in the State of California-even if you did not actually touch the person.
What escalates a charge from misdemeanor sexual battery to felony sexual battery is the unlawful restraining or taking advantage of someone in a disabled or medically compromised state. Due to the nature of the crime, the District Attorney will aggressively pursue the maximum sentencing for such perpetrators-even if you are innocent.
Penalties for California Felony Sexual Battery
While someone who is convicted of misdemeanor sexual battery may serve limited if any jail time, felony sexual battery penalties are significantly more severe. If you are convicted of felony sexual battery in the State of California, the penalties are:
- Formal and lengthy probation
- 2,3 or 4 years imprisonment
- Maximum $10,000 fine
- Sex offender registration for life
California Felony Sexual Battery-The Best Defense
Being charged with felony sexual battery is a serious offense and can lead to a lifetime of difficulties. As such, you will need an experienced California defense attorney in your corner. The passionate team of defense attorneys at Ahmed & Sukaram understand how delicate these charges can be. Sex crimes can leave a person with a social stigma that haunts them throughout their lives-even if they are found not guilty at trial. The public often believes that anyone charged with felony sexual battery is automatically guilty-the attorneys at Ahmed & Sukaram do not.
Innocent people are charged with felony sexual battery every year due to sexual misunderstandings. After a few too many drinks, some people may agree to a sexual encounter-but later regret it. This regret can easily turn into confusion, resentment and anger. During this time, they may be pressured into filing and pressing sexual battery charges-even if they consented to the sexual activity. When this happens, you need a defense attorney who is skilled at negotiating and litigating sexual battery cases.
The attorneys at Ahmed & Sukaram will always fight for your freedom and for your rights. It is crucial that your attorney fight to have the charges against you reduced and the incident not treated as a sex crime. This will prevent the unnecessary labeling and stigma that comes with being designated a "sex offender".
Your defense is only as good as your defense attorney. If you are facing serious felony sexual battery charges, contact the defense attorneys at Ahmed & Sukaram today. Your future and your reputation are at stake-as such, you need a CA defense attorney who will fight for you.
For more information about California felony sexual battery defense, Ahmed & Sukaram criminal defense lawyers, felonies, misdemeanors, your rights, or for answers to general questions, please contact us.
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