I Am Accused of Sexual Assault in California – PC 243.4
As a school teacher, you are always at risk of facing potential liability associated with your job. You might suddenly and unexpectedly be accused of sexual assault by one of your students. If you are accused of sexual assault in California under PC 243.4, you need an aggressive sexual assault defense lawyer to defend you and keep you out of jail.
Prosecution of Sexual Assault
To convict you of sexual assault in California, the prosecution must prove the following three elements:
• You touched an intimate part of the victim
• The touching was done against the victim’s will; AND
• The touching was done for the specific purpose of sexual arousal, sexual gratification or sexual abuse
Variations in circumstances can result in more serious charges accompanied by more severe potential punishment. The charge of sexual battery due to use of unlawful restraint, for instance, is more serious as it involves restraining the victim. In addition to proving the elements of PC 243.4(e)(1) above, the prosecution must also prove the following two elements to convict you under PC 243.4(a):
• You unlawfully restrained the victim; AND
• While the victim was restrained, you touched an intimate part of the victim or caused the victim to touch an intimate part of yours or another
Another circumstance that could lead to a harsher punishment is when you touch the victim’s bare skin. In order to convict you of a misdemeanor sexual battery, the prosecution must prove the PC 243.4(e)(1) elements above. However, you may be convicted of a felony if the prosecution proves either one of the following, along with the elements of PC 243.4(e)(1):
• You touched the bare skin of an intimate part of the victim; OR
• The victim’s bare skin touched your intimate part either directly or through your clothing
Punishment for Sexual Assault in California
The harshness of your potential punishment depends upon the seriousness of the charge.
If you are convicted of misdemeanor sexual battery, you face up to 6 months in county jail and a maximum $2,000 fine.
If you are convicted of sexual battery with an accompanying aggravating circumstance, you face a more lengthy punishment. For example, if you are convicted of sexual battery by unlawfully restraining the victim, your offense is a felony punishable by 2, 3 or 4 years in state prison and a maximum $10,000 fine.
Similarly, if you are convicted of a sexual battery where you either touched the bare skin of an intimate part of the victim or caused the victim’s bare part to touch your intimate part, your offense is also a felony punishable by imprisonment in state prison for 2, 3 or 4 years and a $10,000 fine.
California Sexual Assault Defense Lawyer
Wallin & Klarich have been successfully defending our clients accused of sexual assault charges for over 40 years. Our law firm thus knows all possible defenses to a sexual assault charge. Our tireless efforts have resulted in very favorable results for our clients. These great results include charges being dropped or dramatically reduced.
Upon retaining us, we immediately provide personalized attention to your case to keep you out of jail. We promptly go to work to do all of the discovery on your case. We make certain that we interview all witnesses that could potentially help your defense. We thoroughly research the law related to your case. Armed with this powerful information, we strategically design the most effective defense for your specific case.
If you have been accused of sexual assault and your freedom is at stake, you deserve the aggressive and experienced sexual assault defense law firm of Wallin & Klarich fighting for you.
We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.
