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(916) 404-6866 (916) 404-6866Learning that you are facing sexual assault charges is often a confusing and terrifying experience. In many cases, you might believe anything that happened was consensual. The consequences of a conviction on sexual assault charges are dire and could include lifelong registration as a sex offender in some cases.
Working with a seasoned attorney with prosecutorial experience could give you your best chance for the charges to have a minimal impact on your future. Contact a Folsom sexual assault lawyer as soon as you learn of any charges.
California Penal Code § 243.4 defines sexual assault and battery. The crime involves unwanted touching of another person’s intimate body parts. The offense could be either a misdemeanor or a felony.
The crime requires that the perpetrator touches another for sexual arousal or gratification and against the person’s will. In many cases, the offense is a misdemeanor with a potential sentence of up to six months in jail and a $2,000 fine. However, penalties are steeper when:
A defense lawyer in Folsom could explain whether any aggravating factors could increase the potential sentence upon conviction in a specific sexual assault case.
A prosecutor could charge these offenses as felonies if the alleged victim was a minor. In that case, the potential sentences range from two to four years in state prison and fines up to $10,000.
Every situation is unique, and a sexual assault attorney in Folsom could tailor a defense to the specific allegations and evidence. However, certain defenses often are appropriate and effective in sexual assault cases.
Defenses related to the accuser’s credibility are often effective. A legal professional could explore whether the alleged victim has an agenda that led them to make a false accusation. In some cases, questioning whether the person correctly identified an accused is a strong strategy.
Related to the alleged victim’s motivations is whether the sexual contact was consensual. Sometimes people consent and then feel regretful later and allege sexual assault. A legal professional could present evidence indicating the accused had a reasonable and genuine belief that the person consented.
Prosecutors must have compelling evidence for every element of the crime of sexual battery. When their evidence on any aspect is weak, a defense attorney could leverage it to achieve a reduced charge or a decision not to prosecute.
California has a three-tiered system for sex offender registration. Misdemeanor sexual battery is a tier one offense, requiring sex offender registration for at least ten years. Felony sexual battery involving a minor is a tier-three offense and requires lifetime registration.
Someone convicted of sexual battery must register with the local law enforcement agency within five days of their sentencing or release from incarceration. The offender must update their information every year within five days of their birthday.
Registered sex offenders are often excluded from housing and jobs that involve children. Employers in any field are often unwilling to hire registered sex offenders. Registration could also limit an offender’s ability to travel, volunteer, and participate in community activities.
A misdemeanor sexual battery conviction results in registration, but the state’s Megan’s Law website does not usually display the registrant’s information. The website will display the information for anyone convicted of felony sexual battery on a minor. A Folsom lawyer could work diligently to resolve a sexual assault allegation without implicating the sex offender registration requirement.
Contact a defense attorney as soon as you are arrested on sexual assault charges. Capable representation from the beginning could lead to better results. The stakes are too high to be complacent, even if you are sure the charge is just a misunderstanding. Call today to get a seasoned Folsom sexual assault attorney working for you.