In California, Penal Code 243.4 PC defines sexual battery as touching an intimate part of another individual against their will for sexual arousal, gratification, or abuse. Any sexual battery allegations are aggressively investigated, prosecuted, and punished. Therefore, they should be taken seriously.
If you are facing these charges, you need to immediately seek representation from a skilled Orange County sexual battery lawyer. The consequences of a conviction are severe, so it is essential to have a proactive and diligent sex crimes attorney by your side. Our attorneys at The Law Office of Scott D. Henry understand this dire situation you are in and how much is at stake for you and your family. We could fight tirelessly to protect your rights and effectively defend you against any charges by building a solid defense strategy.
Is Sexual Battery a Misdemeanor or a Felony in Orange County?
The crime of sexual battery is a “wobbler”, meaning that it can be charged as a misdemeanor or a felony. How it is charged depends on the nature and severity of the alleged crime. Some examples of misdemeanor sexual battery include fondling a woman’s breast without consent or touching someone’s buttocks without permission. Examples of felony sexual battery include sexual contact with a child or an unconscious or restrained individual.
Whether you face misdemeanor or felony charges, it is important to understand that local courts harshly punish these crimes. If you have been accused of sexual battery, it is essential to be proactive and immediately seek a highly regarded attorney in Orange County. When you hire an attorney early in the process, it can significantly affect the outcome. Often, lawyers can present evidence to the D.A. and negotiate lesser charges, or in many cases, prevent any charges from being filed.
Penalties for Sexual Battery
A misdemeanor conviction carries penalties of either six months or one year in jail and a fine of up to $3,000. Misdemeanor convictions also require the defendant to register as a sex offender for a minimum of ten years.
A felony conviction carries penalties of either two, three, or four years in prison and a fine of up to $10,000. Felony sexual battery convictions require the defendant to register as a sex offender for the rest of their life. The registry is a public record and is available on numerous websites.
Whether you face misdemeanor or felony charges, the situation you find yourself in is serious. Not only do you face possible prison time, but you also face being known in your community as a sex offender. It is best if you do not fight these charges alone. Having a lawyer in Orange County who has the experience and proven track record in defending clients against sexual battery charges could drastically increase your chances of a positive outcome and help prevent or minimize any adverse effects.
What Are Some Effective Sexual Battery Defenses?
Facing allegations of sexual battery is frightening. However, there are some effective defenses an attorney who has experience with sexual battery case could pursue. The most common arguments include:
- Consent
- Insufficient evidence
- False allegations
- Mistaken Identity
The defense strategy depends on the circumstances involved in the alleged offense. Your attorney could carefully examine the findings of their investigation to develop an effective defense.
Contact an Orange County Sexual Battery Attorney Today
If you have been accused of inappropriately touching another person, you should refrain from speaking with authorities and immediately contact an experienced Orange County sexual battery attorney. It is essential you have a lawyer who knows how these crimes are investigated and prosecuted locally to guide you through the process. Our skilled team of attorneys at The Law Office of Scott D. Henry believes that everyone deserves capable and diligent representation. We understand the long-lasting effects a mere allegation has and could aggressively fight to protect your rights. We could proactively investigate the allegations and present evidence supporting your version of events. Contact our office today for a free consultation.