Sacramento Sexual Assault Defense Lawyer

What Constitutes a Crime of Sexual Assault?

According to Penal Code 243.4 PC, it is a crime of sexual battery, or sexual assault, to touch the intimate parts of another person against their will and for the purpose of sexual gratification, arousal, or abuse. Sexual assault can be charged as either a misdemeanor or a felony, depending on the circumstances. Aggravating factors that may contribute to felony charges could be if the alleged victim:

• was unaware of the nature of the act because they were fraudulently convinced that the touching was for professional purposes (e.g., medical treatment);
• was unlawfully restrained;
• was institutionalized and either medically incapacitated or seriously disabled; or
• was forced to masturbate or touch one of the defendant’s or another’s intimate parts under any of the above circumstances.

Certain crimes related to sexual assault include rape (Penal Code 261 PC) and battery (Penal Code 242 PC). It is likely a person may face charges for these offenses in addition to sexual battery or even instead of sexual battery, depending on the situation.

Misdemeanor and Felony Penalties

Those convicted of misdemeanor sexual assault may face the following penalties:

• up to 6 months in county jail;
• up to $2,000 in fines (up to $3,000 if the alleged victim was an employee);
• informal (summary) probation for up to 5 years, which may include community service, a batterer’s education program, and/or a sexual abuse/compulsion program; and
• registration as a Tier One sex offender for at least 10 years.

In the presence of aggravating factors, a sexual assault offense is a wobbler that can be charged as either a misdemeanor with the same penalties as above (but with the minimum jail time increased to 1 year) or a felony, punishable by the following:

• formal probation;
• 2, 3, or 4 years in California state prison (possibly an additional 3-5 years if the alleged victim sustains great bodily injury);
• up to $10,000 in fines; and
• registration as a Tier Three sex offender (registration for life).

If you have been charged with sexual assault in California, do not hesitate to contact Steve Whitworth Attorney At Law immediately for legal support. We can take a look at your specific circumstances to determine some legal defense options that could work in your case. Whether we fight for dismissed charges or argue down a felony sexual assault charge to a misdemeanor charge, Steve Whitworth Attorney At Law can aggressively protect your rights and your future.

Schedule a free initial consultation with Steve Whitworth Attorney At Law online or at (916) 659-5233 to get started.