Sexual Assault Attorney Answers Frequently Asked Questions Regarding Sexual Battery – Penal Code 243.4 PC
1) Is sexual battery charged as a misdemeanor or felony?
It depends. Sexual battery is a wobbler which means it can be charged as misdemeanor or felony depending on the facts of your individual case. If you either unlawfully restrained the victim, the victim was institutionalized at the time of the offense, you used a false representation or you touched the bare skin of the victim’s intimate area, the offense will be charged as a felony punishable by up to 4 years in county jail.
After a thorough evaluation of your case, your sexual assault attorney at Wallin & Klarich will provide you with further information on whether your particular case may be charged as a felony. Any other act amounting to a sexual battery will likely be charged as a misdemeanor punishable by up to 6 months in county jail.
2) What area of the body do I need to make contact with in order to be convicted of sexual battery?
In order to convict you of sexual battery, the prosecution must show that you touched or made contact with an intimate part of the victim. An intimate part is defined as a female breast or the anus, groin, sexual organ or buttocks of anyone. Therefore if you made contact with any of these areas against the victim’s will and for the purpose of sexual arousal or gratification, you can be convicted of sexual battery.
3) What intent does the prosecution need to prove in order to convict me of sexual battery?
The prosecution must prove that you touched the victim’s intimate part for the purpose of sexual arousal, gratification or sexual abuse. In order to prove this intent, the prosecution will likely rely on circumstantial evidence showing that you exhibited a sexually motivated purpose. Merely touching the victim in his or her intimate area either by accident or for some otherwise lawful purpose is not enough to convict you of this offense.
4) Will I have to register as a sex offender if I am convicted of sexual battery?
Yes. Sexual battery is listed under PC 290 as a crime that requires mandatory registration as a sex offender if you are convicted of this offense. This means that you will be required to annually register with local law enforcement agencies and provide them with your whereabouts on a consistent basis. In addition, your personal information and status as a sex offender will be posted online and made available to anyone with internet access. If you are charged with sexual battery under California Penal Code section 243.4, it is imperative that you hire an experienced sexual assault attorney who can help you fight the potentially devastating consequences of a conviction.
If I have been Charged with Sexual Battery Under California Penal Code Section 243.4, Who Should I Call?
Wallin & Klarich has over 40 years of experience in successfully representing Southern California residents who have been charged with sexual battery. Drawing from our extensive years of experience, our sexual assault attorneys are available to answer any questions you have and are willing to go the extra mile in your defense.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you, no matter where you work or live.
If you are facing prosecution for sexual battery, call our talented and professional attorneys today at (877) 466-5245. We will be there when you call.