Fairfield Sexual Assault Attorneys

Compassionate, Experienced Defense Against Sexual Misconduct Charges

Being charged with sexual assault is an incredibly serious matter. In California, the consequences of a conviction can be life-altering, with long prison sentences and mandatory registration as a sex offender. In addition, the social stigma of being labeled a sex offender can make it difficult to find employment or housing.

If you or a loved one is facing sexual assault charges, you need to take immediate action to protect your rights. You have a limited amount of time to build a strong defense, so it is important to contact an experienced criminal defense attorney as soon as possible.

At The Maher Law Group, APC, our Fairfield sexual assault attorneys have a comprehensive understanding of California sexual assault laws. We have successfully defended numerous clients against these charges, and we are ready to aggressively advocate for your rights and freedom.

Call our team at (888) 744-3057 or contact us online to schedule a free, confidential consultation with one of our sexual assault lawyers.

What Is Sexual Assault in California?

In California, sexual assault occurs when an individual engages in nonconsensual sexual intercourse with another person. Sexual assault is a serious felony in California, and a conviction can result in a long prison sentence, hefty fines, and mandatory sex offender registration.

California sexual assault laws are outlined in Penal Code Section 261 PC. This law defines sexual assault as nonconsensual sexual intercourse with another person.

Sexual intercourse is defined as an act of sexual gratification involving penetration of the vagina by the penis. In addition, the following elements must be met to constitute sexual assault:

• The act was sexual intercourse
• The act was accomplished against the victim’s will
• The act was accomplished by means of force, violence, duress, menace, or fear

It is important to note that the use of force or violence is not required for a sexual assault conviction. If the victim was incapable of giving consent due to intoxication, unconsciousness, or another factor, the defendant can still be convicted of sexual assault.

What Is Statutory Rape in California?

In California, statutory rape occurs when an individual has sexual intercourse with a minor. Even if the minor gives consent, the law considers the minor to be incapable of giving consent due to their age.

California statutory rape laws are outlined in Penal Code Section 261.5 PC. This law states that it is illegal for an adult to have sexual intercourse with a minor who is not their spouse.

Statutory rape is a “strict liability” crime, meaning that prosecutors do not need to prove that the defendant knew the victim was underage. If the defendant is more than three years older than the minor, they can be convicted of statutory rape, even if they reasonably believed the minor was of legal age.

Statutory rape is a “wobbler” offense in California, meaning that it can be charged as either a misdemeanor or a felony. The specific charges depend on the defendant’s age and the age of the victim. If the defendant is less than three years older than the minor, they can be charged with a misdemeanor. If the defendant is more than three years older than the minor, they can be charged with a felony.

A conviction for statutory rape can result in a prison sentence, mandatory sex offender registration, and other serious consequences. That is why it is important to contact an experienced sexual assault defense attorney as soon as possible.

What Is Sexual Battery in California?

In California, sexual battery occurs when an individual touches the intimate body parts of another person without their consent. Sexual battery is a serious crime in California, and a conviction can result in a lengthy prison sentence, hefty fines, and mandatory sex offender registration.

California sexual battery laws are outlined in Penal Code Section 243.4 PC. This law defines sexual battery as the intentional touching of the intimate body parts of another person for the purpose of sexual arousal, sexual gratification, or sexual abuse.

The following elements must be met to constitute sexual battery in California:

• The touching was sexual
• The touching was against the victim’s will
• The touching was accomplished by means of force, violence, duress, menace, or fear
• The touching was accomplished while the victim was unlawfully restrained

It is important to note that the use of force or violence is not required for a sexual battery conviction. If the victim was incapable of giving consent due to intoxication, unconsciousness, or another factor, the defendant can still be convicted of sexual battery.

What Are the Penalties for Sexual Assault in California?

In California, sexual assault is a serious felony. The specific charges and penalties depend on the circumstances of the case, including the age of the victim and the use of force or violence.

The following are the potential penalties for sexual assault in California:

• Forcible sexual penetration: 3, 6, or 8 years in state prison
• Forcible sexual penetration with a foreign object: 6, 8, or 10 years in state prison
• Forcible sexual acts against a minor: 7, 9, or 11 years in state prison
• Forcible sexual acts against a minor under 14: 9, 11, or 13 years in state prison
• Forcible sexual acts against a minor under 10: 12, 14, or 16 years in state prison
• Forcible sexual acts against a minor under 10, with great bodily injury: 15 years to life in state prison
• Forcible sexual acts against a minor under 14, with great bodily injury: 25 years to life in state prison

In addition to these penalties, a conviction for sexual assault will result in mandatory sex offender registration. This means that you will be required to register as a sex offender for life. If you are a registered sex offender, you will be prohibited from living near schools, parks, or other areas where children congregate.

Given the serious consequences of a sexual assault conviction, you need to take immediate action to protect your rights and freedom.

How Can a Fairfield Sexual Assault Defense Attorney Help Me?

If you are facing sexual assault charges, you need to contact an experienced Fairfield sexual assault attorney as soon as possible. A conviction for sexual assault can result in a long prison sentence, mandatory sex offender registration, and other serious consequences. That is why you need to work with a sexual assault defense attorney who is committed to protecting your rights and freedom.

At The Maher Law Group, APC, our attorneys have extensive experience representing clients in sexual assault cases. We understand the gravity of these charges, and we know what it takes to build a successful defense strategy. We will fight aggressively on your behalf, with the goal of getting the charges against you reduced or dropped altogether.

Depending on the circumstances, we may be able to help you avoid a conviction by arguing that:

• You were falsely accused
• You were wrongfully identified
• You were not properly advised of your Miranda rights
• The evidence against you was obtained illegally
• You were the victim of police misconduct

Our sexual assault defense attorneys are skilled litigators who are not afraid to take a case to trial. We will aggressively challenge the prosecution’s case at every turn, and we will explore every possible legal avenue in an effort to get the charges against you reduced or dropped altogether.

Can I Be Convicted of Sexual Assault If the Victim Consented?

In California, sexual assault occurs when an individual engages in nonconsensual sexual intercourse with another person. Sexual intercourse is defined as an act of sexual gratification involving penetration of the vagina by the penis.

The act of sexual intercourse must be accomplished by means of force, violence, duress, menace, or fear. If the victim willingly engages in sexual intercourse, the defendant cannot be convicted of sexual assault. However, if the victim is incapable of giving consent due to their age, intoxication, unconsciousness, or another factor, the defendant can still be convicted of sexual assault.

It is important to note that the use of force or violence is not required for a sexual assault conviction. If the victim was incapable of giving consent due to intoxication, unconsciousness, or another factor, the defendant can still be convicted of sexual assault.

Can I Be Convicted of Sexual Assault If the Victim Was My Spouse?

In California, it is possible to be convicted of sexual assault if the victim was your spouse. The state does not recognize “marital rape” as a separate crime. However, nonconsensual sexual intercourse with a spouse is considered sexual assault and can be prosecuted as such.

It is important to note that the use of force or violence is not required for a sexual assault conviction. If the victim was incapable of giving consent due to intoxication, unconsciousness, or another factor, the defendant can still be convicted of sexual assault.

Our Fairfield Sexual Assault Lawyers Can Help

At The Maher Law Group, APC, our Fairfield attorneys specializing in sexual assault possess a thorough grasp of California's laws on the subject. With a track record of defending clients against such allegations, we stand prepared to vigorously protect your rights and liberty.

To speak with our experienced Fairfield sexual assault defense attorneys, give us a call at (888) 744-3057 or contact us online today.