Sexual battery occurs when an individual touches the intimate part of another person against that person’s will. For example, if a person walks behind a waitress and slaps her on her behind, that is sexual battery. If a person is walking through the club and grabs a girl on her butt, they have actually committed sexual battery. Sexual battery under Penal Code 243.4, is the nonconsensual touching of another person’s intimate areas.
The difference between a battery and an assault is the actual contact. Battery occurs when one part of a person’s body or an extension of their body, like some object they are holding, touches the body of another person without their consent. The assault is the perception that somebody was going to do something to another person and the person has the imminent ability to do that to them even if the contact never takes place.
If you are facing sexual battery charges, call a well-established criminal defense attorney. An Oakland sexual battery lawyer could advocate on your behalf throughout your case.
Just like any other allegations of a sexual offense, the court takes a charge of sexual battery seriously. A violation of Penal Code 243.4 could result in up to a year of county jail time if it is a misdemeanor. If it is charged as a felony, it could have a maximum exposure of four years in state prison. There are also fines associated with sexual battery charges. For a felony, the defendant is facing a $10,000 maximum fine. And for a misdemeanor, they are looking at a $2,000 maximum fine. The individual could also be facing probation, community service, or counseling. Therefore, it is essential for defendants to reach out to an Oakland sexual battery lawyer who is experienced in building a viable defense.
There are certain aggravating factors associated with a sexual battery charge that could raise the level of the offense and the penalties. For instance, the extent of the contact and the battery that took place as well as whether or not there was any restraint or use of force while the battery was being committed. Another aggravating factor would be if the battery was committed on someone who was an adult or a minor. Aggravating factors can make the difference between an offense being charged as a misdemeanor or a felony.
The role of an Oakland sexual battery lawyer is to be a support system for the defendant to help counsel them through the case, strategize on the best approach in the case, and to analyze the facts and evidence. An attorney will also give the accused person recommendations on whether or not this is a case that the prosecutor has a good chance of proving at trial or if it is one that can and should be resolved without a trial.
A criminal defense attorney will be able to talk about the consequences and make sure that the defendant is fully advised and understands the ramifications of entering a plea. Lawyers who are experienced will be thinking about every area that could be a collateral consequence to the crime and not just the crime alone. For instance, the attorney will ask specific questions about whether the accused individual is a citizen of the United States and how a conviction could impact their status in the United States.
It is essential for a defendant to obtain the services of an Oakland sexual battery lawyer who is experienced handling these types of cases. An attorney could build an effective defense and also look to see if there are any alternatives for sentencing. There are alternatives to having to serve time in jail and lesser included offenses that someone could be convicted of rather than the offense charge. The lawyer is going to seek out the best resolution for the case based on the facts, evidence, and circumstances. If you have been charged with a sexual battery offense, obtain the services of a skilled lawyer as soon as possible.
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.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
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
