Fairfield Sexual Assault Attorneys

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.