Under California law, sexual battery is different from the crime of rape and has a very particular set of elements that must be shown to prove a defendant guilty of the crime. Further, while sexual battery is usually a misdemeanor, it can rise to the level of a felony if there are certain aggravating factors involved.

Sexual Battery Law: CPC Section 243.4 PC

The California Penal Code 243.4 PC defines the crime of sexual battery. It is important to note that sometimes, this crime is also referred to as sexual assault. Either way, it involves:

·        touching the intimate parts of another person,

·        without their consent or against their will,

·        to get sexually aroused, achieve sexual gratification, or engage in sexual abuse.

For sexual battery to be charged as a felony, there must be an aggravating factor present, which could include such scenarios as the victim being:

·        unlawfully restrained,

·        disabled or medically incapacitated and institutionalized for medical treatment

·        unaware of what was happening because the defendant made them believe the touching had a professional purpose or

·        forced to touch the defendant's intimate parts, their accomplices', or another person who is a victim under one of these examples.

What are the Penalties for Sexual Battery in California

In California, if you are charged with misdemeanor sexual assault without aggravating factors, you will face:

·        Up to six months in county jail,

·        Up to $3,000 in fines and

·        Informal probation for up to 5 years.

But if you are charged with felony sexual battery, you will face:

·        Formal felony probation,

·        2, 3, or 4-year prison sentences and an additional 3-5 years in prison if the victim sustained a substantial or significant physical injury during the incident,

·        Up to $10,000 in fines and

·        Tier 3 sex offender registration.

Defenses for Sexual Battery Charges in California

Common defenses to sexual battery include demonstrating the following:

·        You had permission to touch the alleged victim

·        You did not touch them sexually or

·        You were falsely accused.

If you or someone you love has been charged with sexual battery in California, you must reach out to a skilled criminal defense attorney immediately. There is no time to waste when developing your defense. Contact Sigal Law Group today for a free consultation.