Misdemeanor sexual battery is a crime that can be alleged by anyone who feels they have been intimately touched against their will for the sexual arousal or gratification of another. If you or a loved one is facing charges for Penal Code 243.4 PC sexual battery or another sex offense like sexual assault and want to learn more about how a lawyer can help your case, contact the Law Office of Gregory H. Comings. Protecting your future by asserting your legal rights is critical. Riverside defense attorney Gregory Comings handles a wide range of cases, from violent crimes to drug offenses, and crafts a unique legal defense based on the particular facts of your case.
A conviction for misdemeanor sexual battery under California Penal Code 243.4 PC may stand if the prosecution successfully proves three elements: that you touched the intimate part of another person, for sexual purposes or sexual arousal, and that these acts were done against the person’s will or were fraudulently obtained. According to law, an “intimate part of another person” includes a female’s breast, or the groin, anus, sexual organ, or buttocks of any person.
In California, unwanted sexual touching of another person’s intimate parts is sexual battery. This is true even if the people are in a relationship. Innocent individuals may face charges for misdemeanor sexual battery. However, a strong legal defense can make a difference in your case. As opposed to felony sexual battery, misdemeanor sexual battery does not involve restraining the victim or forcing them to touch your intimate parts or the parts of another.
If you are convicted of California misdemeanor sexual battery, you will face penalties that may include a fine and time in jail. The maximum fine for misdemeanor sexual battery is $3,000, and probation may last up to five years. Defendants can be sentenced to a maximum of 6 months to one year in county jail. Additionally, a conviction may require registration as a lifelong sex offender.
California law also holds that if the sexual battery charges involved a medically incapacitated or handicapped person, the prosecution may increase the charges. As a felony, defendants can face up to four years in California State Prison and if convicted, may be forced to pay a maximum fine of $10,000.
Conviction of a sex offense includes penalties other than jail or prison, such as treatment as a condition of probation, and registration as a sex offender. However, there are certain legal defenses that may apply in your sexual battery case. Consent may be appropriate in certain circumstances, and requires a showing that the defendant held a reasonable belief the touching was consensual.
False allegations and insufficient evidence are other potential defenses. If there simply is not enough evidence to convict the defendant of sexual battery, the prosecution may not have a strong case. Often there are no witnesses and without visible signs of physical injury, the prosecution may not be able to pursue a conviction. Legally, they must prove beyond a reasonable doubt that a sexual battery occurred. Charges may be dismissed if the allegation is not sustained.
False allegations may apply if the victim fabricated the crime. They may have provided false testimony and in fact have consented to the activity. Or, in some cases victims may seek attention or revenge against the defendant. Again, there may not be strong evidence for the prosecution.
At The Law Office of Gregory H.Comings, we advocate for the accused. Whether you are facing felony or misdemeanor charges, Attorney Comings is prepared to skillfully negotiate and if necessary, litigate on your behalf. Working toward reduced criminal charges and if possible, no jail time, our goal is to prepare a strong, effective legal defense for people throughout Riverside and nearby communities. To learn more about the specifics of your case, call our office at (951) 686-3457 or reach us online.