Sexual assault charges can result in serious penalties. These are not charges you should fight alone. You need to work with an experienced Folsom sexual assault lawyer who will develop an aggressive defense to help you avoid the harshest consequences.
Accused of sexual assault in Folsom, CA? Call Walsh Law today at 916-237-8270 or use our online contact form to schedule a confidential consultation with one of our Folsom sexual assault attorneys.
Sexual assault and battery (California Penal Code Section 243.4 PC) is defined as the non-consensual touching of another person’s intimate body parts for sexual arousal, gratification, or abuse. This offense is a “wobbler” and may be charged as either a misdemeanor or a felony.
In some states, sexual assault and rape are used interchangeably. That is not true in California. Unlike sexual assault, rape must involve sexual penetration or sexual intercourse. Thus, it is possible to be charged with both offenses at once.
Folsom prosecutors must prove three essential elements to convict you of sexual assault:
The prosecution must prove that you touched an intimate body part of another person.
The touch may occur directly, through your clothing or the alleged victim’s clothing. If there is contact with the bare skin of the alleged victim, the charge will be a felony. If clothing, blankets, or another item was between the offender and the alleged victim, then the offense may be a misdemeanor unless there are other aggravating factors.
An intimate body part includes a female’s breast or anyone’s anus, groin, sexual organ, or buttocks.
A violation of California’s sexual assault and battery law requires a lack of consent. In order to consent, the alleged victim must have acted freely and voluntarily knowing the nature of the act to which they were consenting.
It is important to note that a person cannot consent if they are misled about the nature of the act to which they’re consenting. For example, if a doctor tells a person they are performing an exam and the purpose is actually for sexual gratification, then the doctor has committed sexual assault.
The prosecutor must prove that the non-consensual touching was for the purpose of sexual arousal, sexual gratification, or sexual abuse.
Sexual arousal and gratification indicate that you intended sexual pleasure for yourself through the acts that you committed.
Sexual abuse against someone means you intend to injure, hurt, humiliate, intimidate, or cause pain to the intimate body parts. Thus, sexual battery may take place even if you did not intend to enjoy sexual gratification or sexual pleasure for yourself.
Sexual assault charges are serious, but you may also be facing other charges that are related to sexual assault and battery, including:
Sexual assault and battery in California is a “wobbler” offense. That means it can be charged as either a misdemeanor or a felony depending on the circumstances of the crime.
A misdemeanor sexual assault conviction can result in up to six months in county jail and a fine of up to $2,000. If the alleged victim was your employee, you may face a $3,000 fine. You could also face up to five years of informal (summary) probation. If there are aggravating circumstances, including serious bodily injury to the alleged victim, you may face up to one year in jail for a misdemeanor sexual assault conviction.
If you are charged with a felony sexual assault and battery in California, you could face up to four years in prison, or more if the individual suffered serious bodily injury. You could also be assessed a fine of up to $10,000. This serious offense can also result in Tier 3 sex offender registration for life.
In addition to the criminal penalties of a sexual assault and battery conviction, you could face:
Your situation may seem overwhelming, but you still have options. This is not the end of the road. With the help of Folsom sexual assault attorney Chris Walsh, you can get the best outcome possible. Chris knows how the prosecution develops cases like this because he used to be a prosecutor. Now, he dedicates his legal services to helping people get out of trouble.
The best defense may be able to get your charges reduced or dropped entirely. Some common sexual assault defenses include:
If the touching was consensual or you had reasonable belief that the alleged victim consented to it, then you should not be convicted of sexual assault. Consent may be shown through texts, emails, voicemails, eyewitness accounts, past actions, and other circumstantial evidence.
We may be able to show that the touching that occurred was not sexual or occurred by mistake. For example, if you accidentally brushed against someone’s chest in a crowd, you should not be charged with sexual battery.
False accusations of sexual assault can ruin a person’s life. That’s why it is important to dig into an investigation and find out what really happened. We can do this by determining if there is actual evidence that you committed a sexual battery. We will also undermine the accuser’s credibility to show they were motivated by jealousy, revenge, or anger. There are many tactics we can use to show you were falsely accused.
Sexual assault and rape both involve intimate touching without consent. However, rape is defined under California Penal Code Section 261 PC and involves actual sexual penetration or intercourse. You may be charged with both offenses at the same time.
Yes, California civil courts allow the alleged victim to try to recover damages they incurred due to the offense. This may include medical bills, lost wages, pain and suffering, and more. A civil lawsuit is different than a criminal case and has a lower standard of proof. Thus, the alleged victim can win a civil sexual assault lawsuit even if the offender is not found guilty.
You may have to register as a sex offender if you are convicted of sexual assault. If you are convicted of felony sexual assault, you may even have to register for life. That’s why you must work closely with a sexual assault attorney who can guide you through the legal process and help you avoid the harshest consequences like lifetime sexual offender registration.
Sexual assault and battery penalties can be devastating. They will ruin your reputation and your future. At Walsh Law, our Folsom sexual assault lawyers know what you’re facing and how to get your charges reduced or dismissed entirely. The sooner you contact us, the sooner you can return to your normal life.
Call 916-237-8270 today or fill out our secure contact form to schedule a free and confidential consultation.