Oakland Sexual Assault & Battery Lawyer
If you are being investigated for or have been charged with a sexual assault or sexual battery crime, you might be facing many years behind bars and a lifetime on the sex offender registry. Sexual assault charges are often mistaken with rape or child abuse laws. In California, sexual assault and battery cases may be filed against you as either misdemeanors or felonies depending the specific facts of your case. You need an experienced sexual assault lawyer who understands the law and knows how to fight back against the allegations made against you. Attorney Elliot Silver is your man. He has more than 20 years of experience representing the accused, he knows how the prosecution works against defendants and will exploit their weaknesses to obtain a favorable result for you.
Do not hesitate to call us at Silver Law Firm if you are facing sexual assault charges. In order to discuss your case with an experienced defense lawyer, call us today at (510) 995-0000.
K.M. – Oakland
Sexual Assault and Battery in California
California Penal Code 243.4 defines sexual assault or battery as the intimate touching of another against their will, with the purpose of either sexual arousal, sexual gratification, or sexual abuse. More seriously, aggravated sexual assault include cases where the perpetrator also does one of the following:
- Unlawfully restrains the victim during the assault
- Sexually assaults someone institutionalized for medical treatment who is disabled or incapacitated
- Makes the victim fraudulently believe that the sexual contact is serving a professional purpose
- Forces the victim to touch an intimate part of their body by either force, threat, or fraudulent means
Your sexual assault or battery charges can vary greatly in scope and severity depending on factors such as the age of the alleged victim, the injuries sustained in the assault, and if you and the other person had a relationship of trust such as one between doctors and patients or teachers and students.
Penalties for a Sexual Assault and Battery Conviction
Sexual assault and battery is a wobbler, meaning it could be charged as a misdemeanor or a felony. In determining whether to charge you with a felony, the prosecution will consider many factors such as your criminal history, the details of your relationship to the alleged victim, and your likelihood to commit another assault.
An aggravating factor in your case for sexual assault or battery could result in a much more serious prosecution. Of the many possible aggravating factors in your case, some would include the use of restraint to commit the assault, the alleged victim sustaining serious injuries, and an assault on a disabled person.
If convicted of a misdemeanor, you could face up to six months in jail and a fine of up to $3,000. A misdemeanor conviction will also result in either informal court probation for a period of up to five years, which can require community service or rehabilitation, and a requirement to register as a sex offender.
If you are charged and convicted of a felony aggravated sexual assault or battery, your punishment may include:
- Up to four years in prison, or possibly five years if the victim sustains serious injury
- A fine of up to $10,000
- Required registration as a sex offender
- Formal probation
Defenses Against A Sexual Assault or Battery Charge
Crimes of a sexual nature are taken very seriously by police and prosecutors in California. For this reason, it is very important to contact your defense attorney immediately after being charged with sexual assault or battery. We have helped many people protect their rights and clear their names after being accused of a sex crime. We understand that your reputation and life are at stake. You need to act fast to protect yourself. Depending on the details of your case, there are many possible arguments that can be made in your defense, including:
- You are being falsely accused – There are many cases where a person lies about being sexually assaulted. This can be possible since a charge for sexual assault or battery does not necessarily require lasting injuries to be proven. False allegations can happen for reasons such as revenge, or to increase the chance of a complaining witness to win a divorce or child custody case.
- You are misidentified – It’s possible that your accuser is unsure who committed the crime, and you have been mistakenly charged because of a false ID, or due to police and prosecutors rushing to judgment against you.
- There was actually consent – Your sexual contact with the accuser was actually consensual. You cannot be found guilty of sexual assault if it is determined that you were reasonable in believing that the other person gave consent.
- There is not enough evidence to convict you – The prosecution bears the burden to prove beyond a reasonable doubt that you sexually assaulted the complaining witness. If there is little to no evidence that can show this, the prosecution’s weak case may result in reduced charges or a dismissal in the case against you.
Silver Law Firm Can Help You
Being charged with a sex crime can be devastating to your life, and you may feel completely helpless against charges being brought by a state prosecutor. You need a champion, an experienced lawyer who understands what you are going through. Attorney Elliot Silver knew from the first time he saw prisoners behind bars that he wanted to work for those who were facing their darkest days because of a criminal charge. If you or a loved one are facing serious charges for sexual assault or battery, contact Elliot now to seek legal counsel.
Contact Silver Law Firm to discuss your case with a skilled Oakland defense lawyer today. Call us at (510) 995-0000.