California Sexual Battery Punishment, Sentence and Penalties – PC 243.4
The California sexual battery punishment, sentence and penalties are based upon whether the sexual battery offense is charged as a felony or as a misdemeanor under Penal Code Section 243.4 PC. Your sex crime defense attorneys at Wallin & Klarich provide you with an overview of the potential penalties and possible sentence you face if convicted of a sexual battery offense in California.
California Misdemeanor Sexual Battery Punishment and County Jail Sentence
If you are convicted of misdemeanor sexual battery you face up to 6 months in county jail and a maximum $2,000 fine.
California Felony Sexual Battery Punishment and Jail Sentence
If you are convicted of sexual battery and it is found that you either: 1) unlawfully restrained the victim 2) the victim was institutionalized 3) you used a false representation or 4) touched the bare skin of the victim’s intimate part or caused the victim’s bare skin to touch your intimate part, the offense is a felony punishable by 2, 3 or 4 years in county jail and a maximum $10,000 fine.
Duty to Register as a Sex Offender
If you are convicted of sexual battery under California Penal Code section 243.4, the court can require you to register as a sex offender per California Penal Code section 290. This
duty requires you to annually update your registration with a local law enforcement agency for as long as you work, live, or attend school in California. In addition, personal information such as your name, address and photograph are released to the public via a sex offender website run by the Department of Justice.
As a registered sex offender you may be required to live a substantial distance from any park or school. In reality what this means is that most registered sex offenders must live in an “isolated area”. It is often extremely difficult for PC 290 registrants to find places to live because most property owners do not wish to rent their properties to PC 290 registrants.
If you fail to register as a sex offender, you can face an additional criminal charge for violating Penal Code section 290. The stigma of being classified as a sex offender can be devastating for both your personal and professional life. An experienced attorney at Wallin & Klarich can vigorously fight for your chance to avoid this harmful criminal consequence.
Court Options at the Time of Sentencing for a Sexual Battery Offense
If you are convicted of sexual battery, the court has discretion in determining your punishment depending on the circumstances of your case. The court has the following options at time of sentencing:
- Sentence you to one of two terms provided by law:
- Misdemeanor sexual battery: up to 6 months in county jail
- Felony sexual battery: 2, 3 or 4 years in county jail
- Place you on probation and impose a sentence of up to one year in county jail
- Place you on probation with no jail time, but order you to do community service, a work release program and attend therapy
- Place you on formal probation and assign you a probation officer
- Order you to register as a sex offender pursuant to California Penal Code section 290
California Sexual Battery Probation Terms
When you are placed on probation the court will impose specific terms of probation that apply to the crime for which you were convicted. These terms of probation will include:
- Violate no law (other than a traffic infraction)
- Visit your probation officer as often as required by your probation terms
- Perform community service
- Attend sexual addiction or rehabilitation programs
- Random drug testing
- Random searches of your person or home
These are only a few of the probation terms that a court can impose. If you are found to be in violation of any of these terms, the court can sentence you to the maximum time allowed by law.
Finding an Experienced Sexual Battery Defense Attorney at Wallin & Klarich
California’s sexual battery punishment and sentencing can be severe and potentially life changing. If you or someone you know has been accused of a sexual battery offense in California, you need to contact an experienced criminal defense lawyer who will carefully review the specific facts of your case, as well as the law pertinent to your sexual battery charges to give you the best representation possible.
With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, Victorville and West Covina, Wallin & Klarich has over 40 years of experience in defending our clients against sexual battery charges. We will carefully review the evidence against you and help you 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.