Sexual Battery

The California criminal judicial system is hard on sexual battery. The society pressures judges, law enforcers, and the prosecution team in Los Angeles to be unforgiving, aggressive, and ruthless on sex crime defendants. Consequently, if charged with sexual battery, you could face life-altering punishments, including serving time, sex offender registration, and paying fines. Your stakes could not be higher, which is why you should retain Leah Legal Criminal Defense Attorney. We can discuss the details of your criminal case and develop the most effective defense to safeguard your future, reputation, and freedom. We are not afraid to challenge the prosecution team’s case and aggressively defend you.

Defining Sexual Battery

California Penal Code Section 243.4 defines sexual battery as touching somebody else’s intimate parts without permission with the intent of sexual gratification, abuse, or arousal.

Before finding you guilty of sexual abuse, the prosecution should demonstrate the facts of the CALCRIM 938 below:

• You touched somebody else’s intimate parts
• The touch was against the person’s will
• The intent of your touch was sexual abuse, sexual arousal, or sexual gratification

The section below discusses different legal phrases and terms.

Defining Touching

Touch in a misdemeanor California Penal Code Section 243.4 criminal case requires physical contact with the victim’s intimate parts, either through clothing (can be yours or the victim’s) or directly.

On the other hand, touch in a felony criminal case involves physical contact with the victim’s bare skin, either via your clothes or directly.

Please note that California Penal Code Section 243.4 does not treat contact through clothing as a felony.

This offense differs from rape under California Penal Code Section 261 in that the former the defendant does not have to participate in sexual intercourse or sexual penetration.

Intimate Parts

Intimate parts are a female’s breasts or any person’s:

• Groin
• Anus, buttocks, or sexual organ

Sexual Abuse

When you engage in a California Penal Code Section 243.4 violation intending to lead to sexual abuse of another person, it implies that you planned to intimidate, hurt, humiliate, injure, or inflict pain in the victim’s intimate parts.

Any sexual touch with this goal is still deemed sexual battery regardless of whether you are driven by self-sexual pleasure or sexual gratification.

Against Somebody Else’s Will

California Penal Code Section 243.4 is a nonconsensual crime. To consent, an individual should act voluntarily and freely, understanding the characteristics of your conduct to which they are giving permission.

For instance, if a person agrees to allow the defendant to touch them after the defendant lied that the touch was medically essential, there is no permission because the defendant misled the person.

Please note that the accused could be sentenced for sexual battery regardless of whether they and the accuser are dating. Permission to touch is always essential, whether they are in a sexual relationship with an individual or not.

Aggravating Circumstances

Sexual abuse becomes a felony instead of a California misdemeanor if at least one of the aggravating factors below applies:

• The victim is illegally restrained
• The victim is committed to medical care and is medically incapacitated or severely disabled.
• The victim does not know of the characteristics of your conduct because you misrepresented that your touch served professional purposes.
• You made the victim touch your intimate parts or those of an accomplice or masturbate.

Unlawful Restraint

Regarding unlawful restraint, the prosecution should have to prove that you restrained the victim’s freedom of movement by acts, authority, or words and that the restraint is against their inclination.

The unlawful restraint is beyond the physical force essential to achieve the sexual touch.

Additionally, the defendant does not illegally restrain a person if the accused uses lawful power for a lawful purpose, provided the restraint remains lawful.

Defining Accomplice

An accomplice (as referred to as “aiding and abetting” under California Penal Code Section 31) faces the same criminal charges and penalties as the chief defendant.

You are an accomplice to a California Penal Code Section 243.4 violation if you were aware that the primary defendant was committing a crime, and you planned to and engaged in the following:

• Aided, facilitated, encouraged, instigated, or promoted the violation of California Penal Code Section 243.4
• Engaged in a conspiracy to violate the law

Penalties and Criminal Consequences

If you are found guilty of California misdemeanor sexual battery without the existence of aggravating factors, you will face the following potential penalties:

• Six months in county jail
• A maximum of $2,000 or $3,000 if you had employed the victim
• Tier 1 sex offender registration requirement for ten years
• Summary (informal) probation for five years, which might include completing a batterer’s education program, completing a program tailored to assist individuals with compulsion/abuse issues, or completing a batterer’s education program.

Violating California Penal Code Section 243.4 with the existence of aggravating factors is a wobbler. A wobbler is a crime that the prosecutor can charge as either a California felony or a misdemeanor based on your case circumstances. A misdemeanor maximum county jail incarceration is a year instead of six (6) months. A felony conviction carries the penalties below:

• A maximum fine of $10,000
• Felony (formal) probation
• Registering as a tier three sex offender
• Two, three, or four years in state prison, and an additional three to five years in state prison if the victim suffered great bodily injuries

Legal Defenses

Your defense attorney will collect and review your case evidence to determine the most effective legal strategy. Here are the common legal defenses:

The Victim Had Consented to the Sexual Conduct

If the touch was consensual or if you believed the touch was consensual, you did not violate California Penal Code Section 243.4.

You can prove the victim had given you permission through circumstantial evidence, including eyewitness accounts, voicemails, and text messages.

You Did Not Touch the Victim Sexually

Your attorney can argue that the touch was accidental (for instance, you accidentally brushed up against an individual’s intimate part in a crowd). They can also argue that the touch was not sexual.

Because there is little proof of what occurred, the prosecutor might be unable to prove the sexual battery accusation.

You are a Victim of False Accusation

Since sexual battery accusations do not comprise physical injuries, it is easy for a person to accuse you of sexual battery without evidence.

Fortunately, your defense lawyer can conduct a thorough pretrial investigation to gather evidence that your accuser is lying and convince the judge to dismiss the criminal case.

Related Offenses

Discussed below are crimes that prosecutors charge alongside or instead of California Penal Code Section 243.4

Simple Battery

California Penal Code 242 defines simple battery as the willful and illegal application of violence or force on somebody else, even when it does not result in actual pain or injury.

A simple battery that does not cause serious injuries and is not committed against a protected person is a misdemeanor. It is punishable by summary probation, a maximum fine of $2,000, and six months in jail.

If you commit battery against a protected person and the individual suffers an injury, the prosecutor might charge you with a more severe offense of battery on a peace officer. The crime is a wobbler.

Battery with Serious Bodily Injury

California Penal Code Section 243d bans battery with serious bodily injury. It is also referred to as aggravated battery. 

Serious bodily injuries are severe impairment of a person’s physical condition, irrespective of whether treatment is essential. Examples of serious bodily injury include the following:

• Loss of consciousness
• A wound on the eyebrow, lips requiring sutures, and a fractured tooth
• Broken bones, severe disfigurement, or bone fractures

The crime is a wobbler. A misdemeanor conviction carries a one-year jail sentence and a fine of $1,000, while a felony attracts four years in county jail and up to $10,000.

Battery on a Custodial Officer

California Penal Code Section 243.1 makes it an offense to commit battery on a custodial officer when you knew or should have been aware that the victim was on duty.

A custodial officer is a prison and jail guard.

The crime is a felony that is punishable by sixteen months, two years, or three years in county jail. If the custodial officer sustains serious bodily injury, you risk facing two, three, or four years in jail.

Domestic Battery

CALCRIM 841 highlights the facts of domestic battery that the prosecutor must prove beyond a reasonable doubt before the judge convicts you of domestic battery. Here are the elements of the crime:

• You willfully touched a person in an offensive or dangerous manner
• The individual was your intimate partner
• You did not act in self-defense or in the defense of another person

Domestic battery is a misdemeanor that carries one year in county jail and up to $2,000 in fines. Sometimes, the judge might grant you summary probation instead of a county jail term.

Sex Offender Registration

According to California Penal Code 290, a sexual battery offender should register as a sex offender. Sex offender registration means you should keep law enforcement authorities informed of your whereabouts, provided you attend educational institutions, work, or reside in California.

After reporting to your nearby law enforcement authority, the authority will forward your details to the Department of Justice. Typically, the information is accessible to any person who visits the DOJ’s Megan’s Law official website. The information available includes your:

• Full name
• Identifying details, including your tattoos, scars, known aliases, eye color, weight, and height
• A photo
• The crime you committed
• Years of your conviction and release

Whether your address is accessible depends on your criminal record regarding your previous sex crimes.

A defendant can find details on sex offenders on the Megan’s Law website in two categories. Felony sexual battery, when you illegally restrain the victim, is found in the second group that displays only the sex offenders’ zip code. 

Some registered sex offenders do not face public disclosure and do not have their details accessible online. You might be in this category if you have applied for an internet exclusion. The DOJ’s sex offender tracking program reviews the exclusion applications and might approve them if you are sentenced for sexual battery by restraint under California Penal Code 243.4a.

Removing Your Name from Sex Offender Registry

The initial option of removing your name is through expungement under California Penal Code Section 1203.4. It involves the court dismissing your case after completing probation. The advantage of expungement is that it removes your criminal charges and convictions from your criminal records. However, you should still meet your sex offender registration obligation.

Another option for removing the sex offender registration obligation is applying for a certificate of rehabilitation. The certificate of rehabilitation relieves the responsibility of sex offender registration per the Sex Offender Registration Act (California Penal Code 290). If you can apply for this postconviction relief seven to 10 years after the release from probation, parole, or custody, provided you satisfy the requirements below:

• You have not served time after  the court dismissed your criminal case
• The court expunged your criminal case
• You are not serving probation after committing another felony
• You have resided in the state for more than five years before your application

A governor’s pardon is another relief option. The governor grants the relief to defendants who have met their registration requirements and have not broken another law.

Finally, you can file a petition to be removed from the sex registry following ten years on your next birthday. Your petition paperwork should prove that your registration is up-to-date. You should file the form in the relevant court and serve it on the prosecutor where you were found guilty.

The district attorney can request a court hearing to fight your petition. Please note that the court can deny your petition without scheduling a court hearing, but it should give reasons and when you can file another petition.

The court might deny your petition if you have a pending criminal charge that could change your tier or increase your minimum sex offender registration duration.

What Happens When You Fail to Meet Your Sex Offender Registration Requirements

Before convicting you of the failure to satisfy your sex offender registration requirement, the prosecution team must prove the facts of CALCRIM 1170 below:

• You were sentenced for a sex offense that required sex offender registration
• You lived in California
• You were aware of your sex offender registration requirement
• You deliberately refused to update the registration or refused to register

The potential criminal penalties for failing to satisfy your sex offender registration duties depend on whether your primary sex crime conviction was a felony or a misdemeanor. Failing to register after a misdemeanor conviction is a California misdemeanor, punishable by summary probation, a $1,000 fine, and a year in jail. If your conviction was a felony sex crime, the failure to register is a California felony carrying the following penalties:

• Formal probation
• Up to $10,000 in fines
• Spending three years in state prison

How a Criminal Defense Lawyer Helps You Protect Your Legal Rights

When you are accused of sexual battery, the Sixth Amendment to the U.S. Constitution gives you the entitlement to legal assistance. A dedicated and qualified defense attorney can safeguard your interests and rights even before the prosecutor files the criminal charges against you. The sooner you hire a lawyer, the higher the chances of obtaining a favorable case outcome.

Here is how the lawyer can protect your rights:

Leveling the Playing Field

Criminal allegations are reinforced by qualified professionals with access to unlimited resources. You, the defendant, might feel isolated and unsure about what is happening. You are unprepared and might be unsupported. However, that will change when you hire a defense lawyer.

The attorney can level the playing field by offering experienced advocacy and advice to fight the prosecutor’s tactics. Additionally, the attorney is a collaborator who will support you.

The United States Constitution provides defendants with many rights. Nevertheless, these entitlements are efficient when you know how to utilize them, with skills acquired via extensive practice.

The Attorney can Help During an Investigation and Pre-Arrest

You do not have to wait for the prosecutor to charge you with sexual battery before you consult an attorney. The most crucial help an attorney can provide happens during the crime investigation. The legal counsel can highlight the weakness in the prosecutor’s case and persuade the prosecution team not to bring the criminal charges.

The most appropriate time to gather proof to reinforce your case defense is immediately after the alleged criminal activity happens. Your attorney will collect and preserve proof to demonstrate your innocence. They will also advise you on how to preserve evidence and avoid engaging in conduct that tampers with your evidence.

Finally, your lawyer can help you avoid posting damaging details on social media platforms or providing the investigators with incriminating information.

Representation During Your Initial Court Hearings

If the judge has issued an arrest warrant against you, the lawyer can make arrangements for a voluntary surrender and help you secure a prompt pretrial release through bail.

During your arraignment, the judge will advise you of the criminal charges against you and your constitutional rights. The judge will also ask you to take a plea, which can be either not guilty, nolo contendere, or guilty.

Your defense counsel should guide and support you throughout the process, regardless of what is expected of you. They should also explain to you the charges against you and the criminal penalties.

Investigate the Case and Develop Defense Strategies

Your awyer will review different pieces of evidence, including police reports, to understand what the prosecutor is using to support their allegations. There are many legal strategies that your lawyer can utilize to realize the best possible case outcome, including the following:

Filing a motion to suppress the prosecutor’s evidence, especially if the police acquired it through a violation of search and seizure laws under the 4th Amendment to the United States Constitution.

Your lawyer can search for witnesses who can support your version of the story, refuting the prosecutor’s claim.

Since the prosecutor should verify the facts of the crime, your attorney will review whether the arguments and evidence presented support every fact and determine whether they are beyond a reasonable doubt. reasonable doubt was met. If it is impossible to refuse specific case facts, your lawyer can fight for a less severe crime.

If the court is considering a lesser crime, your lawyer should help you understand the crime and its penalties.

Throughout your criminal judicial process, you should maintain an open line of communication with your lawyer. That way, they can build the most effective legal defense strategy. You should be frank with the legal counsel since the attorney-client privilege protects your conversations and cannot be used against you in the courtroom.

Guide You Through Plea Bargain and Negotiations

A plea bargain involves the prosecutor and the defendant negotiating. The defendant takes a no-contest or guilty plea in exchange for a less severe criminal charge or a lighter sentence. The plea bargain reduces the backlog in court and gives the accused a guaranteed criminal case outcome.

Your defense attorney can explain the pros and cons of taking the prosecutor’s offer. That way, you can make an informed decision.

Contact a Qualified Sex Crime Criminal Defense Lawyer Near Me

If you are accused of sexual battery, you risk serving time, the possibility of registering as a sex offender, paying fines, and dealing with a damaged reputation. With a lot at stake, you require a knowledgeable, professional, and compassionate sex crime defense attorney who can help you realize the most favorable case outcome and protect your rights.

Leah Legal Criminal Defense Attorney can use their legal knowledge and extensive defense experience to analyze case circumstances, develop viable defenses, and explore every option for resolving your criminal charges. We can also help you understand the charges against you and answer your questions.  Please contact our Los Angeles office at 213-444-7818 to schedule your free case review.