California Sexual Battery Sexual Assault Lawyers Penal Code 243.4
What is sexual battery according to California Penal Code 243.4?
Under California Penal Code section 243.4, it is illegal to touch an intimate part of another person against his or her will for the purpose of sexual arousal, sexual gratification or sexual abuse. The sexual assault lawyers at Wallin & Klarich explain the sentencing and punishment for sexual battery in California pursuant to Penal Code 243.4, as well as what the prosecution needs to prove in order to convict you of this offense. If you need an experienced attorney to represent you during this difficult time, contact one of our professionals today for immediate assistance.
In order to convict you of Sexual Battery in California, the prosecution must prove the following:
- You touched an intimate part of the victim AND
- 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
Defenses to a sexual battery charge
Your sexual assault lawyer can raise a number of sexual battery defenses on your behalf. For example, your attorney can argue:
- The victim consented to the touching
- You did not touch an intimate part of the victim
- You did not touch the victim for the purpose of sexual arousal, sexual gratification or sexual abuse
Each of these defenses can be raised depending upon the facts of your individual case. Be sure to consult a California sexual assault lawyer at Wallin & Klarich to learn more.
Sexual battery sentencing and punishment
According to California Penal Code section 243.4, the sentencing for a sexual battery conviction depends upon whether the crime is charged as a misdemeanor or felony. The offense will be charged as a felony if any of the following circumstances are present.
- You unlawfully restrained the victim
- The victim was institutionalized
- You used false representation
- You touched the bare skin of the victim’s intimate part or caused the victim’s bare skin to touch your intimate part
If charged as a felony, the offense is punishable by 2, 3 or 4 years in county jail and a maximum $10,000 fine. If charged as a misdemeanor, the offense is punishable by up to 6 months in county jail and a maximum $2,000 fine. Regardless of whether the offense is charged as a misdemeanor or a felony, the court may require you to register as a sex offender if you are convicted of sexual battery.
Sexual battery FAQs
To help you understand the various aspects of a sexual battery charge, our attorneys at Wallin & Klarich have provided answers to some of the most commonly asked sexual battery questions in our FAQ section. There, you can find answers to questions like:
What area of the victim’s body do I need to touch in order to be convicted of sexual battery?
What intent does the prosecution need to prove in order to convict me of sexual battery?
Will I have to register as a sex offender if I am convicted of sexual battery?
Where can I find the most experienced California sexual assault lawyers?
If you are confronted with accusations of sexual battery, it is essential that you contact an experienced California sexual assault lawyer who is familiar with such cases. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, and West Covina, Wallin & Klarich has successfully represented clients facing sexual battery charges for over 30 years. We have the knowledge and the know-how to win your case.
Let us show you how we protect our own. Call us today at (877) 466-5245 or fill out our confidential form. We will be there when you call.