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Sexual Battery

Have you been accused of Sexual Battery in Los Angeles?

Sexual Battery in California is defined under California Penal Code Section 243.4 as touching the intimate parts of another person, against their will, for the purpose of sexually gratifying yourself or abusing the other person. It is not necessary that you had sex with the other person

Sexual battery can be charged as a felony or a misdemeanor depending on the specific facts of your case. Sexual battery is a very serious crime and is punishable by up to 4 years in California state prison when charged as a felony and lifetime sex offender registration.

If you are facing sexual battery charges in Los Angeles, or the surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth at 424 272 1134

Los Angeles Criminal Defense Lawyer Miles Booth

Los Angeles Criminal Defense Lawyer

How does the prosecution prove that I am guilty of Sexual Battery?

Misdemeanor Sexual Battery

CALCRIM 938 lays out the elements that the prosecutor must prove for you to be found guilty of misdemeanor sexual battery in California. To be convicted of Sexual Battery under Penal Code Section 243.4 the prosecutor must prove beyond a reasonable doubt that you;

  • Touched an intimate part of another person,
  • Against that person’s will, and
  • The touching was done for the specific purpose of sexual arousal, gratification or abuse.

Felony Sexual Battery

To be convicted of Felony Sexual Battery under Penal Code Section 243.4 the prosecutor must prove beyond a reasonable doubt that in addition to the elements above, you also;

  • Unlawfully restrained the other person in order to commit the sexual battery; or
  • The other person was institutionalized for medical treatment and disabled or incapacitated; or
  • The other person was unaware of the nature of what was happening because you falsely represented that the touching served a professional purpose; or
  • The other person was made to touch your intimate parts, or the intimate parts of your accomplice.

Lets take a closer look at how the court defines these elements;


Touch

Touching another person for the purpose of misdemeanor sexual battery means that you make physical contact with the intimate part of the other person either directly or through their clothing.

For the purpose of Felony Sexual Battery touching means that you make contact with the other persons bare skin, either directly or through your clothing.

Intimate Part

This includes the groin, anus, butt, or any sexual organ.

Against the Will of the Other Person

Something is against the other persons will if they do not consent to what you are doing. In order to consent the other person must act freely and voluntarily, and know the nature of what they are consenting to. This is why you can be charged with felony sexual battery even the other person consents to an act that they think is being done for a professional purpose, but is in fact not being done for that purpose.

How can I defend myself against Sexual Battery charges?

Being charged with sexual battery is very scary. Your entire life is jeopardy. A skilled Los Angeles criminal defense attorney can be your greatest asset in fighting these charges, restoring your good name, and protecting your liberty. Some of the most common legal defenses to a sexual battery charge are that;

  • The victim consented
  • There is not enough evidence to prove every element listed above
  • You were falsely accused

Just because you have been accused of sexual battery does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth to discuss how to best defend your case.

What are the Penalties for a Sexual Battery conviction?

Misdemeanor Sexual Battery

If you are convicted of misdemeanor sexual battery without any of the aggravating factors listed above you may face;

  • Up to 6 months in county jail (or one year if aggravating factors apply), and/or
  • Probation for up to 5 years, and
  • A fine of up to $3,000.

You may also be required to complete community service, a batterer’s education program, and a sexual compulsion classes in addition to the penalties listed above.

Additionally, a conviction requires registration as a sex offender for a minimum of 10 years pursuant to Penal Code section 290.

Aggravated or Felony Sexual Battery

If the victim is unlawfully restrained, or institutionalized and incapacitated or disabled, or fraudulently convinced that the touching serves a medical purpose, sexual battery becomes a “wobbler” offense.

This means that the prosecutor has the discretion to file charges as either a misdemeanor or a felony. The prosecutor will look at the specific facts of your case and your criminal history in making this determination.

A felony sexual battery conviction may result in;

  • Felony probation,
  • 2, 3 or 4 years in state prison, and
  • A fine of up to $10,000, and
  • Lifetime registration as a sex offender pursuant to penal code 290.

Does a Sexual Battery conviction require sex offender registration?

Yes, a felony conviction results in lifetime sex offender registration, while a misdemeanor conviction results in a minimum of 10 years of registration.

What does registering as a sex offender require?

One of the most severe consequences of a sex crime conviction is having to register as a sex offender. Under California Penal Code section 290, certain crimes require lifetime registration as a sex offender. Registration as a sex offender can have a drastic impact on your life, and make it difficult to find housing or employment.

Lifetime registration requires that you register with local law enforcement each year on your birthday, and each time you move. Failure to register, or accurately update your information can lead to additional criminal charges. If convicted you may face additional prison time. Because of the serious consequences associated with a sex crime conviction it is important to have a knowledgeable and experienced attorney on your side.

Contact Los Angeles Criminal defense attorney miles booth

Facing sexual battery charges is extremely serious, and your future is in jeopardy. Charges alone can have far-reaching consequences. A conviction may result in substantial prison time. Your housing, future job prospects, and most importantly, immediate freedom are in jeopardy. It is foolish to fight these cases alone. It is important to have a skilled Los Angeles criminal defense attorney by your side.

Miles Booth will work tirelessly to defend you, and get the best possible outcome in your case. Miles Booth has handled thousands of cases throughout Los Angeles County and understands the steps necessary to best defend you.

If you are facing charges for sexual battery in Los Angeles, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.

Sex Crimes


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