Sexual Battery

Sexual Battery

Whenever persons are accused of sexual battery, it is always a good idea to speak with a local criminal attorney to represent them in court. A good criminal defense attorney will review the case thoroughly and develop a strategy that best suits their client’s needs at this critical time.

Under Penal Code 243.4(a), sexual battery is defined as any person who touches another person’s intimate parts while another person is restrained, either by the offender or an accomplice for the sole purpose of sexual gratification, arousal or abuse.

 

Penalties for Sexual Battery


Sexual battery is considered a wobbler offense. This means that sexual battery under Penal Code 243.4 can be charged as either a misdemeanor or a felony. If a person is convicted of sexual battery as a misdemeanor, the individual can face up to one year in county jail. If the facts are severe, charges may be brought as a felony, in which case the maximum sentencing range is two years, three years or four years in state prison.

Under Penal Code 290, being convicted of sexual battery will result in lifetime sex registration.

 

Potential Defenses in Sexual Battery Cases


If a person is arrested for sexual battery, an experienced lawyer will review the facts of the case to see which, if any, of the following defenses may be applicable:

  • Unreliable witness
  • Mistaken identity
  • False accusations
  • Lack of physical evidence

 

Fight Your San Bernardino or Riverside County Sexual Battery Case


Our attorneys will carefully go over all the evidence gathered to ascertain the best possible defense and answer any questions you may have about sexual battery charges. We will analyze the police reports to assure that any evidence was collected properly and that all searches were carried out without infringing on your rights under the Constitution. If you have been arrested and have questions about your sexual battery charge, contact our office for more information.

Our Results Speak for Themselves

Client charged with possession for sales and gang enhancement. Client faced 16 years in prison with the gang and prior strike allegation. Client turned down 8 year pretrial offer with prior attorney before going to trial. Not guilty on all charges at trial. (People v. Antwan B.)

Client charged with attempt murder, accessory after the fact and gang enhancement after shots fired at a dwelling. Client turned down 15 year pretrial offer. During trial, plea deal reached for probation with time served. (People v. Rudy B.)

Client charged with resisting arrest, obstruction of justice when cops performed a probation sweep at her residence.  Client found not guilty on all counts at jury trial. (People v. Felicia M.)

Client charged with corporal injury to girlfriend after argument allegedly escalated. Client had significant exposure of 21 years because of prior strike, probation violation and GBI allegation. At trial, jury refused to convict client, returning hung verdict. (People v. Christopher P.)

Client charged with possession of methamphetamine for sale after traffic stop. Client claimed prejudice by prosecution’s delay in bringing the case to court. Motion filed on behalf of client asking the Court to dismiss the case as violative of client’s speedy trial rights. Motion granted and case dismissed. (People v. Shannon J.)