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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Oakland Sexual Battery Lawyer

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.

Court Treatment of Sexual Battery Charges

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.

Aggravating Factors

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.

Role of a Criminal Defense Attorney in Sexual Battery Cases

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.

Reach Out to an Oakland Sexual Battery Attorney

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.

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