Jo-Anna Nieves
Founding Attorney
Oakland Sexual Assault Lawyer
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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.
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:
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.
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.
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.
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.
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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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
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
