Sexual Assault Lawyer in Riverside, California

A conviction of a sex crime, including sexual battery or sexual assault, may have sesex crimerious, long-term effects on a defendant’s life. In the short term, these may include incarceration, fines, and other penalties. In the long term, it may involve life as a convicted felon or a registered sex offender, as well as all of the complications that accompany such an undesirable status. San Bernardino and Riverside sexual assault attorney Gregory H. Comings has represented people accused of this crime for more than 10 years. As a sex crime lawyer, he also represents clients against charges of possessing child pornography and solicitation of prostitution, among others.

Understanding Sexual Assault Charges in Southern California 

The State of California takes the commission of a  sexual assault or battery very seriously, imposing serious consequences depending on whether the offense is categorized as a misdemeanor or a felony.

Misdemeanor Sexual Assault

Misdemeanor sexual assault or battery is generally defined as a sexual touching that is both unwanted by and offensive to the victim. Sexual groping, such as touching a female’s breast over her clothing, would likely be classified as misdemeanor sexual assault if the act was done for the defendant’s sexual pleasure or gratification. By contrast, accidentally touching a man’s groin area while reaching in front of him to push an elevator button would not be considered a crime. Even though the touching was unwanted and potentially offensive, the offender lacked the requisite criminal intent of sexual gratification.

A misdemeanor offender may be sentenced to up to a year in jail and a fine of up to $2,000. The fine could be raised up to $3,000 if the victim was in the defendant’s employment at the time of the unwanted touching. As the defendant’s actions become more offensive and potentially more injurious, the penalties for sexual assault increase. 

Felony Sexual Assault 

Felony sexual assault cases result in even more time behind bars and higher fines. Elements of the crime of felony sexual assault include the following: 

• A touching of the victim’s intimate parts;
• Against the victim’s will;
• For the intent of sexual gratification, arousal, or abuse; 
• While the victim was physically restrained by the defendant or a third person. 

The State has the burden of proving each element beyond a reasonable doubt, and a sexual assault lawyer in Riverside or San Bernardino can fiercely protect a defendant’s rights.

The Hidden Costs of a Sexual Assault Conviction in Riverside

A conviction for sexual assault carries penalties that extend beyond the courtroom, impacting nearly every aspect of a person’s life. Here’s what’s at stake:

• Incarceration. Sentences can vary widely depending on the severity of the charges. Penalties range from months in county jail for misdemeanors to up to four years in state prison for felonies.
• Sex offender registration. A conviction typically entails registration as a sex offender. This registered status can affect housing, employment opportunities, and social interactions.
• Financial penalties. Convictions may result in hefty fines, ranging from $2,000 to $10,000. Such fines can significantly strain your financial situation.
• Reputational damage. Even accusations alone can damage one’s reputation, social standing, and relationships. Such collateral damage underscores the importance of having a legal advocate experienced in discreetly managing sensitive cases.

Early representation by an experienced sexual assault attorney is crucial in developing a defense strategy that addresses both immediate concerns and the potential long-term impact of these accusations.

Fighting Sexual Assault Charges in Riverside

A defendant has a constitutional right to hire an attorney to mount a defense against the charges brought by the State. Experienced attorney Gregory H. Comings applies his courtroom experience and understanding of the law to the evidence in each case that he accepts. Depending upon the circumstances of the crime with which the defendant is charged, it may be possible to get a sex crime case dismissed or have the charges reduced if the defendant has a legitimate defense.

Consent

Consent is a possible defense in sexual assault cases because consent negates the “against the victim’s will” element of the crime. Of course, consent may be a difficult and controversial defense in many cases. Depending upon the alleged victim’s age, mental ability, and capacity to give effective consent, such a defense may or may not be appropriate in a given case.

Mistaken Identity or False Allegations

If a defendant claims actual innocence as a defense, this should be accompanied by not only an alibi but also other credible evidence showing that the defendant was in the victim’s presence at the time of the alleged crime. 

Illegal Search and Seizure

In some cases, a defendant may also assert a constitutional defense, such as an improper search or seizure of evidence. Under the “fruit of the poisonous tree” doctrine, illegally obtained evidence is inadmissible at trial.

How Early Defense Can Make All the Difference

Early engagement with a seasoned sexual assault attorney can dramatically influence the course of a case. From the moment of arrest or investigation, an attorney can help with the following aspects of your case.

Safeguard Rights

Early intervention ensures that all communications and actions during the investigation are handled to protect the accused’s rights and avoid missteps that could complicate the defense.

Collect Crucial Evidence

Evidence is most valuable when obtained promptly. Early access to physical evidence, witness statements, and digital records can create a stronger foundation for your defense.

Establish Clear Lines of Defense

Building a defense strategy from the outset allows for a well-prepared approach to hearings, pre-trial motions, and negotiations with the prosecution.

Minimize Public Exposure

Early involvement helps manage public perception and often keeps the case out of the headlines, minimizing reputational damage and preserving personal and professional relationships.

Failing to obtain representation early may allow evidence to go unchallenged and accusations to go unchecked, increasing the risk of severe penalties and collateral harm. Our proactive approach is centered on helping clients face these challenges with as little disruption to their lives as possible, defending their interests discreetly and assertively.

Protecting Your Reputation and Your Future

Beyond the legal penalties, the social implications of a sexual assault accusation can be overwhelming. Even without a conviction, individuals accused of sexual assault may face career setbacks, strained relationships, and community ostracism. A skilled sexual assault lawyer diligently maintains discretion, limits public exposure, and strategically pursues resolutions to minimize damage to a client’s reputation.

At the Law Office of Gregory H. Comings, protecting a client’s public image is as important as defending them in court. He protects clients’ rights through strategic legal maneuvers while preserving their dignity and integrity throughout the legal process.

Contact a Sexual Assault Attorney in Riverside or San Bernardino

Serious criminal charges like sexual battery require serious legal representation. Seasoned San Bernardino and Riverside sexual assault lawyer Gregory H. Comings can work with you to pursue a favorable resolution to your case. For an initial consultation, call or contact us online as soon as possible. Our office has Spanish language interpretation available, and we also can assist people who need a domestic violence attorney or help with fighting charges of drug crimes or white–collar crimes.

Frequently Asked Questions (FAQs)

What Should I Do If I’m Falsely Accused of Sexual Assault?

If you are falsely accused, it is crucial to contact a sexual assault lawyer immediately. Refrain from discussing the case with anyone other than your attorney to prevent any statements from being used against you. Your lawyer will guide you in gathering evidence, preserving your rights, and preparing a defense to challenge the allegations.

How Does California Law Define Consent in Sexual Assault Cases?

In California, consent must be given freely and willingly by both parties. Consent may be challenging to establish if factors like age, mental capacity, or duress are involved. A sexual assault attorney can assess how consent is presented in your case and whether it could serve as a valid defense.

How Can I Avoid Making My Case Worse During an Investigation?

To protect your case, avoid discussing details with law enforcement or anyone other than your attorney. Decline any voluntary searches or questioning without legal counsel. Your lawyer will instruct you on appropriate actions to take and guide you through every step of the process.

What Are My Rights During a Sexual Assault Investigation?

You have the right to remain silent and the right to legal representation. You are not obligated to answer questions or consent to searches without your attorney present. An experienced attorney will help you navigate the investigation while protecting your rights.

Can I Avoid Sex Offender Registration If Convicted?

In California, the necessity of sex offender registration after a sexual assault conviction varies based on the case specifics and the level of the charge. Some defenses or plea deals may reduce the charge severity, which could lessen or eliminate registration requirements. Your attorney can help explore these options.