Jo-Anna Nieves
Founding Attorney
Alameda County Sexual Battery Lawyer
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Sexual battery is any situation where somebody touches an intimate part of another person without permission. The touching has to be for the purpose of sexual arousal, gratification, or sexual abuse. The law on sexual battery can be found under Penal Code §243.4 (et. al).
While all sexual offenses are treated very seriously, somebody facing a sexual battery charge has a higher chance of being released on his or her own recognizance with the help of an experienced defense attorney. Therefore, it is important for people to work with an Alameda County sexual battery lawyer to improve their chances of a successful defense.
While people often think sexual battery and assault are the same, legally there is a big difference between the two. One of the main differences between the two offenses is the element of physical contact.
Sexual battery involves some kind of a touching, whereas an assault does not actually have to have physical contact. Sexual assault charges can be filed due to the threat physical contact. As soon as a defendant makes physical contact with the alleged victim, the crime becomes sexual battery.
Sexual battery is what is known as a “wobbler,” meaning that it can be filed as a felony or misdemeanor. The main penalty associated with this crime is registration as a sex offender, which is required whether the charge is a felony or misdemeanor.
In general, if the offense is charged as a felony, the person is going to be facing up to four years in prison. If it is charged as a misdemeanor, the person would be facing up to a year in county jail – depending on the conduct. A well-practiced attorney in the area could work to minimize the sexual battery charge to a misdemeanor offense in order to avoid a longer period of incarceration or argue a legitimate offense that leads to a dismissal of the case or even acquittal at trial.
There are a number of different aggravating factors. This is partially because there are a lot of different circumstances that would count as a sexual battery. For example, the punishments would be different for a sexual battery that involves the alleged victim being restrained, institutionalized, or unconscious.
It important for somebody facing a sexual battery charge to hire an experienced defense attorney because these cases are very fact specific. The specific circumstances of a case changes what kind of offers might be reasonable from a district attorney. If somebody goes in without understanding the consequences of different charges, he or she might end up entering a plea to a charge that ends up requiring him or her to register as a sex offender for a minimum of ten years.
A seasoned Alameda County sexual battery lawyer would know how to approach a situation in a strategic way and with an aim of mitigating any aggravating factors and arguing legal deficiencies. Additionally, a hardworking attorney could more effectively gather important evidence, hire experts, and build a strong defense against these charges.
If you are facing these charges, do not hesitate to seek legal representation. Contact our office today and schedule your first case consultation for free.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
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Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
