Oakland

Sexual Assault Lawyer

No matter the facts of the case, if you are the suspect in a sexual assault investigation, you risk extensive time in jail or prison and significant fines. Even if you are not convicted, allegations alone can harm your professional life and personal relationships.

Lodging a solid defense to Oakland sexual assault charges is essential to protecting your future. Retaining a local criminal defense attorney knowledgeable in this area may be the best way to achieve this end.

Understanding Sexual Assault Offenses in Oakland

California defines sexual assault and battery as the unwanted and intentional touching of a person’s intimate parts. Intimate parts include genitalia, groin area, rear end, and female breasts. As outlined in California Penal Code § 243.4, the accused must intend on engaging in sexual abuse or receiving sexual gratification or arousal. Actions that fall within this crime include forcible:

• Intercourse
• Sodomy
• Fondling
• Attempted Rape

Although rape is a standalone offense, outlined in Cal. Penal Code §§ 261, 261.5, and 262, it is an extreme form of sexual assault.

The actions do not have to involve force or violence to rise to the level of sexual assault in Oakland. The perpetrator may use drugs, alcohol, or trickery to complete the act. Furthermore,  § 243.4(d) explicitly prohibits taking sexual advantage of a disabled or incapacitated person. Additionally, as explained in Cal. Penal Code §§ 243.4(e)(2) & (f), physical contact does not need to be skin to skin to be unlawful. A person can commit sexual assault even through clothing.

Penalties for Committing Sexual Assault

Oakland prosecutors may pursue either misdemeanor or felony sexual assault charges. Depending on the facts of the case, Cal. Penal Code §§ 243.4(a) – (e) gives judges the discretion to sentence people to no more than six months in jail and fines up to $3,000 for less serious infractions. Incarceration for more extreme acts may range from up to one year in county jail to four years in state prison. Fines for felony sexual assault may not exceed $10,000.

If convicted of sexual assault, most individuals must register as Oakland sex offenders under Cal. Penal Code § 290. This could block certain education, housing, and employment opportunities. A criminal sexual assault record may also interfere with personal relationships. In some cases, this history may prevent a person from securing custody of their own children or even having visitation. Due to the severity of these penalties, people need to vigorously defend against sexual assault allegations with the help of a well-trained criminal defense attorney in the area.

Possible Defense to Sexual Assault Charges

Oakland attorneys with experience in sexual assault cases could offer defendants assistance in many areas. Perhaps the most significant are negotiating with prosecutors for reduced charges or plea deals and devising a robust defense strategy.

Depending on the facts, those on trial may raise various arguments undermining the State’s case. Some challenges focus on violations of the individual’s constitutional rights, such as illegal search and seizure or confessions produced under duress. In sexual assault cases, defendants often insist that the other party agreed to the sexual contact. Unless the prosecutor can prove there was no consent to the act, the defendant cannot be found guilty.

Seasoned sexual assault lawyers could help those accused gather evidence to support their side of the story, which may lead to dismissals, acquittals, or mitigated sentencing.

Speak with an Oakland Sexual Assault Lawyer

Sexual assault charges place your freedom, financial stability, and reputation in jeopardy. Do not entrust your future to just any criminal defense firm. Choose one that gives you the individual attention you need to reach the best outcome under the circumstances. Call today to schedule a consultation with an Oakland sexual assault lawyer with our firm.