Alameda County Sexual Battery Lawyer
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.
Battery Versus Assault
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.
Penalties for a Sexual Battery Conviction
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.
Speak with an Alameda County Sexual Battery Attorney Right Away
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.