San Diego Sexual Battery Lawyer
Sexual Battery in San Diego
In San Diego sexual assault is charged through sexual battery charges. Sexual battery involves the unlawful touching of another’s private parts motivated by a desire to sexually arouse or gratify themselves or offend or abuse the other person. It is important to note that even touching through a person’s clothes is enough for sexual battery. If you have any doubts about this, best to reach out to a well-versed lawyer for clarification.
Understanding Penal Code Section 243.4
In consideration of the seriousness of sexual battery, California has criminalized it under Penal Code section 243.4. Under this law, “Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).”
How can the prosecutor prove sexual battery?
Basically, to convict someone of PC 243.4, the prosecutor must prove each of the following elements:
- The defendant willfully or purposefully touched the private parts of another;
- The defendant did so against the person’s will;
- The person did not consent to the touching;
- The defendant’s specific intent to engage in unwanted touching was for sexual arousal, gratification, offense, or abuse.
Sexual Battery Can Be Filed As a Misdemeanor or a Felony
The willful and unlawful touching of another’s private parts is a wobbler. A wobbler is a charge that the prosecutor has discretion to file as either a misdemeanor or a felony. In sexual battery cases, the issuing attorney at the District Attorney’s Office determines the severity of the charges based on the following factors:
- Whether the person was physically restrained.
- Whether the person was unconscious.
- Whether the person was mentally incapacitated.
Misdemeanor Sexual Battery Penalties
- A sentence of 6 months to 1 year in county jail;
- A maximum fine of up to $2,000;
- Informal probation;
- Lifetime duty to register as a sex offender.
Felony Sexual Battery Penalties
- A maximum sentence of 2, 3, or 4 years in California state prison;
- A maximum fine of up to $10,000;
- Formal probation;
- Lifetime duty to register as a sex offender.
Implications of PC 290 for Sexual Battery
Penal Code section 290 requires anyone convicted under Penal Code section 243.4 for sexual battery to register as a sex offender in California. Sex offender registration is a lifetime duty that requires a person to provide local law enforcement agencies with a head shot, known aliases, general description, latest address, and details of the offense and conviction. Also, a registered sex offender will have to update this information with DOJ annually, within five working days of their birthday and each time they change residence, within five days of the move. All of this information goes on a registered sex offender database that is published by the California Department of Justice on Megan’s Law web site. Megan’s Law web site gives the general public access to the registered sex offender’s information. The Sex Offender Tracking Program will be responsible for updating a registered sex offender’s information on the web site daily, keep track of the next required update, and if a registered sex offender is in violation notify the public that the sex offender registrant may pose a risk. You do not want to be labeled a predator and have to go thru this hassle the rest of your life. Contact experienced criminal defense attorney Vik Monder at (619)405-0063 now so that he can help you avoid this detriment while you still can. The reality is that once you have been convicted for a sexual battery it will be too late. You cannot opt out of registering or purposely fail to register as a sex offender, doing so will only result in additional felony charges against you!
Immigration Implications for Sexual Battery
In addition to the criminal penalties under PC 243.4, a defendant who is not a U.S. citizen and is convicted of sexual battery will face immigration consequences. Sexual battery is a crime of violence that if convicted as a felony will be automatically considered an aggravated felony if a sentence of one year or more is imposed. Sexual battery is also considered a crime or moral turpitude. Crimes of moral turpitude are offenses that the U.S. government considers go against society’s standards of morality. Consequently, a conviction for sexual battery or prostitution/ solicitation could render a non U.S. citizen defendant inadmissible. Inadmissibility means that the defendant will not be eligible for a green card, citizenship or be allowed to re-enter the U.S. If you are facing charges of sexual battery under California Penal Code 243.4, you may be subject to removal or deportation proceedings if convicted. This does not have to happen to you, contact attorney Vik Monder, he will fight to keep everything you have worked so hard to build a life in this country! At Monder Law Group, we know the immigration implications your charges carry and we will ensure that your defense strategies focuses on avoiding these detrimental consequences at all cost.
How We Can Prove You Are Not Guilty of Sexual Battery in San Diego
These are some of the criminal defenses that we can assert on your behalf to help you overcome the charges sexual assault filed against you:
- Consent; the person consented to the touching
- Insufficient evidence; inconsistent witness statement.
- False Accusations; you did not unlawfully touch anybody.
Securing Your Best Defense against Sexual Battery Charges in San Diego
If you are being charged with sexual assault/battery charge, make sure to contact experienced criminal defense attorney Vik Monder in order to get your best defense prepared as soon as possible. Sexual assault/battery requires convicted defendant’s register as sex offenders for life. The sooner you call experienced attorney Vik Monder, the better chance you will have at beating your case and getting it dismissed. All sex crime charges, such as charges for rape or charges for sexual assault and battery are serious charges that can change your life. Do not cheat yourself and hire an experienced attorney that knows how to fight for your rights and get you the results you deserve!
