Have you been charged with sexual assault and battery in San Diego, CA? If so, securing legal representation from an experienced criminal defense attorney is a critical step to take. Blair Defense Criminal Lawyers can help.
We will navigate the complexities of your case, protect your constitutional rights throughout the legal process, and seek to minimize potential penalties.
Sex crimes are serious charges that can bring severe consequences, so don’t try to handle them on your own. For assistance, reach out to our law office at (619) 357-4977 to schedule a free consultation with a San Diego sexual assault and battery attorney.
How Blair Defense Criminal Lawyers Can Help If You’re Arrested For Assault and Battery in San Diego, CA
If you’re arrested and facing sexual assault and battery charges in San Diego, California, we can help in the following ways:
- We will gather evidence that supports your account of the incident.
- We can assess whether law enforcement’s claims against you hold up under rigorous examination.
- We will advise you on what to say when interacting with police officers or when appearing in court to ensure you don’t say anything that will hurt your case.
- Our lawyers will work towards reducing penalties through a plea deal or seeking alternative sentencing options if appropriate.
At Blair Defense Criminal Lawyers, we’re dedicated to protecting our clients’ rights, regardless of the nature of their charges. Contact our firm for a free case assessment with a San Diego criminal defense lawyer.
What Is Sexual Assault and Battery in California?
In California, sexual battery occurs when an individual touches another person’s intimate parts without their consent and does so for the purpose of sexual gratification, arousal, or abuse.
What Are the Penalties For a Sexual Assault and Battery Conviction in California?
The consequences of a sexual assault and battery conviction in California significantly vary based on the specifics of the offense. Many factors – such as whether the incident involved force, threats, or the incapacitation of the victim – play a crucial role in determining the severity of the penalties.
Misdemeanor Sexual Battery Without Aggravating Factors
In cases where an individual is convicted of misdemeanor sexual assault without any aggravating factors, the penalties can include:
- Up to six months in jail
- Fines up to $2,000 (or $3,000 if the victim was a junior employee of the defendant)
Additionally, those convicted may be required to register as a tier one sex offender for a minimum of ten years, which carries its own set of stipulations and societal implications.
Felony Sexual Battery With Aggravating Factors
When sexual battery involves aggravating factors, it escalates to a felony, resulting in severe consequences.
The penalties for such an offense include:
- Formal probation, commonly known as felony probation
- A prison sentence of two, three, or four years
- An additional prison term of three to five years if the victim suffers a serious physical injury
- Fines of up to $10,000
- Mandatory registration as a tier three sex offender for life
For individuals facing allegations of sexual assault and battery in California, the stakes are exceptionally high. It is essential to work with a San Diego criminal defense attorney.
What Defenses Can Be Raised If I’m Arrested for Sexual Assault and Battery in San Diego, California?
If you’ve been arrested for sexual assault and battery, there are various defenses available to you that may result in charges being reduced or even dismissed. Common defenses include:
Consent
Asserting that the alleged victim consented to the act in question can be a valid defense. Evidence of consent may involve verbal agreements, text messages, or even witness testimony in some cases.
False Allegations
At times, individuals are wrongfully accused due to mistaken identity, personal vendettas, or spiteful intentions. Demonstrating that the accusations against you stem from ulterior motives can be beneficial to your defense. This requires a thorough investigation into motivations for lying and compiling evidence that challenges the credibility of the accuser.
Alibi
Having an alibi means you can prove that you were elsewhere when the alleged incident occurred. This defense relies on witness testimony, time-stamped photos or videos, receipts, or other documentation to establish that you could not have committed the alleged assault.
This is just a brief overview of some of the legal defenses that can be raised to protect your future. The best way to fight back is to work with an experienced criminal defense lawyer in San Diego.
If you’re facing allegations of sexual assault or battery, it is critical to act promptly. The stakes are incredibly high. A conviction can lead to severe legal consequences, including hefty fines and significant prison time, not to mention the lasting social stigma that comes with being labeled as a sex offender.
For help with your case, reach out to Blair Defense Criminal Lawyers to schedule a free consultation with a San Diego sexual battery attorney.
