Sex crimes, including sexual battery, are severely punished in California. The crime consequences include extensive jail time, heavy fines, registration as a sex offender, and a criminal record. However, it is possible to fight the charges. But, you must work closely with a criminal defense attorney to help you fight the charges.

At Chula Vista Criminal Attorney, our attorneys are top-ranked and proficient in serving clients. The attorneys are conversant with the state’s sexual battery laws. If you face charges for sexual battery in Chula Vista, CA, our attorney will argue your case. We will gather evidence to build strong defenses like mistaken identity, insufficient evidence, no consent, and innocence to fight your case.

Understanding Sexual Battery in California

According to the law, sexual battery involves touching another person's intimate parts without consent for sexual desires. It's a grave violation of human rights to touch a person's intimate parts without consent. The law severely punishes the offenders of the crime. The offense doesn't require sexual intercourse or penetration for the defendant to face the charges.

Anyone can commit sexual battery when the victim is unclothed or clothed. However, you must note a critical difference between sexual battery and rape. Rape involves the use of force to commit sexual activities with the victim. Alternatively, the sexual battery doesn't include sexual penetration. When compared, sexual battery has lesser charges than rape in California.

Remember, touching should be accompanied by the desire for sexual satisfaction or sexual arousal. You should work closely with your criminal defense attorney throughout the legal process. Do not attempt to handle the case by yourself. The following are examples of actions that show sexual battery in California:

  • Spanking or touching a person's buttock

  • Grabbing or finding a girl or woman's breast without their consent

  • Touching another person's genital area

  • Kissing another person by force

Elements for PC 243.4

Before the defendant faces conviction for the crime, the prosecutor must prove all the elements of the crime. Unless the prosecutor proves the elements of the crime, you cannot face conviction. The following are the key elements the prosecutor should prove in a PC 243.4 charge:

  • Unlawful Touch

Unlawful touch involves contacting the victim's intimate parts directly or through a cloth. Touching has different meanings depending on whether you face a felony or misdemeanor charge. For instance, a misdemeanor implies when you touch a person directly or through their clothes. Alternatively, a felony involves making bare o unclothed contact with the victim's intimate parts.

  • Intimate Parts

Sometimes you might wonder how the law describes the parts which qualify as intimate. Under California laws, these parts include:

  • Females breast

  • Groin

  • Anus

  • Sexual organs

  • Buttock

  • Sexual Arousal, Gratification, and Abuse

The law considers touching someone sexually to hurt, intimidate, injure or humiliate them a sexual battery. You will face conviction for the crime even when you did not have the intent to have sexual pleasure. How the defendant reacts during the commission of the crime might be used to imply gratification or arousal.

  • Direct Consent

When you touch the victim against their will, it implies your behavior was unconsented. So, the victim believes the touching is for the defendant's sexual arousal. However, proving this element might be challenging. So, it would help if you worked closely with your defense attorney. The attorney will provide legal help whenever you require it.

  • Illegal Restraint

Illegal restraint means you control the victim through your words, authority, or action against their will. The prosecutor should prove you applied more force than necessary while accomplishing the touching. However, it will not be an offense when the touching is used for legal purposes.

  • Sexual Abuse

You sexually abuse the victim by causing pain to their intimate parts while touching them. Also, the prosecutor must prove you had an intent to cause injuries or humiliate or intimidate the victim. The prosecutor may use the medical records to prove you caused injuries to the victim's intimate parts.

  • An Accomplice

An offender can commit sexual battery alone or with an accomplice. So, when you assist or aid another person to commit a crime, you will be equally guilty as the offender. Also, the penalties will be the same as the actual offender. According to yo California law, you might face charges for sexual battery as an accomplice when:

  • You engaged in the crime

  • When you aided, intended, promoted, encouraged to commit the crime

  • When you knew the actual offender was committing the crime, you never stopped them by reporting the incident.

What are the Legal Penalties for Committing Sexual Battery in California?

When you commit sexual battery in California, you will face a felony charge or a misdemeanor charge. So the crime is a wobbler. Both felony and misdemeanor charges will attract varied penalties to the defendant.

Misdemeanor Sexual Battery Penalties

In California, the concept of misdemeanor battery includes touching the victim's intimate parts against their will for sexual satisfaction. Under this case, aggravating factors like using force, bare hands, and an accomplice will not apply. When charged with misdemeanor charges, you will face the following penalties:

  • Summary or informal probation for at least five years

  • A fine between $2000 and $3000

  • A county jail for up to six months

Felony Sexual Battery Penalties

You face a felony charge when you have aggravating factors like disabled, incapacitated, or institutionalized victims in your case. Also, the charge will apply when you touch the victim's intimate part pretending to provide medical care. So, the prosecutor will only charge you with a felony charge when you have aggravating factors. A felony charge will result in the following harsh penalties:

  • Formal felony probation

  • State imprisonment for a period between 2,3 and four years

  • A fine not exceeding $10,000

  • Registration as a sexual offender

What are the Conditions for Summary or Informal Probation?

The court imposes informal probation on the offender at trial. The criminal court judge will impose different conditions on your probation term. The following are the common terms and conditions for summary or informal probation in California:

  • Community service

  • Education program

  • A compulsory program was developed to assist members with sexual abuse issues.

Conditions for Formal Probation

A felony charge will come with possible formal probation based on the case's facts and your criminal record. Probation is a method to suspend execution when you adhere to the terms and conditions of the probation. Again, the judge imposes the probation without inflicting jail terms. The following are the common conditions a judge will impose on formal probation:

  • Community service

  • Court fines

  • Reporting on your probation expert regularly

  • Attending batterer's education plan

  • Registration as a sex offender for a maximum of ten years

Registration As a Sex Offender

Any person convicted of a sexual offense like the sexual battery will register as a sex offender upon completion of probation or release from jail. After registering as a sex offender, you will have to update your information annually. However, failure to update your information within the required period will attract additional penalties. Failure to register with the DOJ as a sex offender will attract felony or misdemeanor charges. However, for the prosecutor to charge you, they will prove the following elements:

  • You are a resident of California

  • You willfully ignored registering as a sex offender within the required period.

  • You committed a sexual crime that requires you to register as a sex offender

  • You know that the law requires you to register

Sentence Enhancement When You Cause GBI

When the victim of sexual battery suffers significant bodily injury, you will face sentence enhancement for additional five years. Significant bodily injuries involve injuries that require extensive medical care. For example, when the alleged victim's breast is cut during the crime, this will qualify as significant bodily injury.

What are the Legal Defenses for Sexual Battery in California?

When you face charges for sexual battery in California, do not panic, as a well-skilled criminal defense attorney can help you. Start by discussing everything with the attorney. Do not lie to your attorney. The attorney will listen to your side, gather evidence, and develop a strong defense to help challenge the prosecution team. The following are the potential defenses your criminal defense attorney may use to fight the charges:

  • Consent/Permission

Consent is one of the critical elements of sexual battery. Under this defense, your criminal defense attorney may argue you had the consent or permission from the victim to touch their intimate parts. You can support your claim by arguing the alleged victim was your partner and had agreed to enjoy your marital rights. Next, you can say you later disagreed with the victim and began to claim she was sexually battered. Remember, the law requires you to refrain from touching another person's intimate parts unless you have permission. Therefore the criminal court judge will consider dropping your charges.

  • False Accusation

False accusation is another valid defense your attorney can use. The attorney can argue you were falsely accused. To support the claim, the attorney may argue the accusations resulted from revenge, misunderstanding, or intoxication. However, the defense will best work in cases where there are no eyewitnesses or recorded evidence from the offender.

The attorney may introduce the argument on mistaken identity in your favor. Mistaken identity would apply mostly when the offender wore a mask during the commission of the crime. Therefore, this is enough evidence to prove before the court the arresting officers falsely accused you.

  • You Were Intoxicated

Many sexual battery cases in California occur during a drinking spree. Therefore your criminal defense attorney may argue you were too intoxicated during the commission of the crime. Since you had no intent to commit the crime, the criminal court judge will likely consider dropping your case or reducing the charges.

  • Insufficient Evidence

Your criminal defense attorney may try to challenge the prosecutors' evidence and claim the presented evidence against you isn't enough and is invalid. Due to this, the court may drop your case from the drop charge since the prosecutor must seek more evidence to support the claim. Remember, the presiding judge may decide to direct the prosecutor to gather enough evidence to lead to your conviction. During this period, you will have a good time reorganizing your defense strategy.

  • You Were Innocent

Innocence is one of the primary defenses for sexual battery. For instance, your criminal defense attorney may argue you were away from the crime scene. In many cases, this defense applies when the description of the offender matches your physical appearance. Your defense attorney only needs to provide evidence to show your location during the commission of the crime. The evidence you may present includes video footage, receipts, GPS location, and credit card bills. Once your attorney presents the above evidence, the criminal court judge will conclude you are innocent of the crime. So, they will drop your charges as soon as possible.

  • Insanity/Mentally incapacitated

The law in California allows you to use the defense of insanity to fight your sexual battery charge. However, your criminal defense attorney must prove before the court you were mentally incapacitated during the commission of the crime. It's unfair for the court to convict a mentally incapacitated offender. The judges at the criminal court understand a person with an unsound mind may not follow the law as outlined. Therefore, the criminal court will drop your charges if this is your case.

  • No sexual intent

Sometimes you may accidentally touch the intimidating parts of another person without intent for sexual gratification. So, when this is your case, you will not face conviction for the crime. For example, you are pushed while walking and accidentally touch another person's intimate part. However, proving sexual intent might be a challenging process. So, ensure you work with the legal help of your criminal defense attorney.

What is the Statute of Limitation in a Sexual Battery Case?

The prosecution team has a timeline on when they should file a sexual battery case statute of limitation. You want to work with your attorney to ensure the prosecutor does not file the case when the statute of limitation has expired. The time may vary based on the facts surrounding the case. When a misdemeanor charge is filed, the prosecutor should present the case before the court within twelve months. Alternatively, when a felony charge is filed, the prosecutor must file the case within 36 months. But, this timeline might change under certain situations, including:

When the victim was a minor during the commission of the offense

If the victim is insane, making it impossible to present the case to criminal court

What to do After Sexual Battery Accusations

What you do immediately after a sexual battery accusation will significantly impact your case proceedings and trial. So When you face charges for sexual battery, it is imperative to maintain a criminal defense lawyer. First, you want to carry out the following activities:

  • Collect all the evidence related to the circumstance and the victim. The evidence may include clothing, photos, videos, and objects.

  • Collect all the evidence proving you were not at the crime scene. The evidence includes bank receipts, letters, emails, and phone records.

  • Record the details of the eyewitness and any person with information about causation, the victim, and the incident. Have details of the witness, including their full names, addresses, and phone contacts.

Ensure you provide the above evidence to your criminal defense attorney. The Attorney will use this evidence to develop a solid defense to challenge the prosecutor's evidence. Besides gathering the evidence. There are other things you should avoid when facing this accusation. These include:

Avoid communicating with the victim

Do not discuss the case with the police officers or investigators without the intervention of your criminal defense attorney.

Agree to testify only when it's compulsory. For example, do not take DNA tests without the consent of your lawyer.

Other Crimes Related to Sexual Battery in California

In California, several Crimea is charged alongside the sexual battery. These crimes share common elements. However, they have different penalties and sentencing methods. They include:

  1. Rape - PC 261

The law defines rape as sexual penetration or sexual intercourse by force with another person without consent. As the offender, you might engage in sexual intercourse in various ways, including the use of intimidation or threats. Several circumstances are regarded as rape. For example, when an unconscious person commits sexual intercourse while intoxicated, the court considers the act rape. So, the judge may decide to charge you with both sexual battery and rape when you commit the crime against a restrained person. The prosecutor must prove the following elements:

  • You were not married to the alleged victim during the commission of the offense.

  • You and the alleged victim had sexual intercourse.

  • You did not have the victim's consent to commit the crime

  • To commit the crime, you used force, threats, and fear

Penalties for Rape

The law in California considers raping a felony. So, when convicted of rape, you will face the following penalties:

  • Jail time for up to 8 years

  • A fine not exceeding $10,000

  • Registration as a sex offender for ten years

  • Formal probation

Legal defenses

You might use the following valid defenses to fight a rape charge in California:

  • You honestly and reasonably believe the alleged victim was willful and a consensual participant.

  • False allegations

  • You did not commit sexual intercourse

  1. Statutory Rape - PC 261.5

Statutory rape involves committing unlawful sexual intercourse with a minor. A minor refers to any person aged below 18 years. So, when you commit sexual intercourse with a child aged below eighteen years, you will face statutory rape charges. The crime relates to sexual battery since the two crimes involve sexual behaviors between the child and the adult. Before you face conviction, the prosecutor must prove the following elements:

  • The alleged victim was below 18 during the commission of the offense

  • The alleged victim and the defendant were not married during the offense

  • The alleged defendant had sexual intercourse with the alleged victim

Penalties for Statutory Rape

The criminal court considers the crime a wobbler. A misdemeanor charge comes with the following penalties:

  • you will pay A fine not exceeding $1,000.

  • You will remain in County jail for not more than three years.

Potential Defenses

Although the crime comes with heavy penalties, you stand a chance to fight the charges. With the help of your criminal defense attorney, you may use the following defenses:

  • False accusation

  • You believed the victim was aged above 18 years

  1. Battery - PC 242

The law defines battery as the unlawful and willful touching of another person without their consent. The prosecutor must prove your intent to commit the crime. So, unless the prosecutor proves the crime element, you cannot face conviction. The offense is more related to a sexual battery than other cases charged alongside it. The court punishes the offense as a misdemeanor in California. The penalties for the crime include:

  • A fine not exceeding $1000

  • County jail for six months

  1. Lewd Acts Against a Minor - PC 288(a)

Lewd behavior in a child involves committing sexual acts with a minor under 14 years. The crime closely relates to the sexual battery since they share similar elements like intent for sexual gratification. Other elements of the crime include:

  • You touched a child aged below 14 years

  • You touched a body part of the child

  • You willfully committed the crime

Penalties for PC 288(a)

When convicted of the crime, you will serve the following penalties:

  • A fine not exceeding $1000

  • Registration as a sex offender

  • Jail time for eight years

The good news is that you still stand a chance to fight the charges. With the help of a well-skilled criminal defense attorney, you can fight the charges. The attorney can use defenses like:

  • You touched the child accidentally.

  • You did not have a sexual desire to commit the crime.

Contact a Criminal Defense Attorney Near Me

In California, sexual battery charges usually have harsh penalties. It might be tiring and frustrating to handle the sexual battery accusation. Before you obtain a fair trial, you might require numerous legal requirements. So, when you face charges for sexual battery in Chula Vista, CA, you need the services of a well-skilled criminal defense attorney.

At Chula Vista Criminal Attorney, we understand the California justice system well. We are also familiar with local courts, making the work easier. Therefore when you face charges of sexual battery, our skilled attorneys will start by analyzing your case and develop a formidable defense strategy to ensure you obtain the best outcomes of the case. Contact us today at 619-877-6894 and speak with one of our aggressive attorneys.