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Being arrested for a crime does not necessarily mean you will be convicted. Often we can help you get charges reduced or dismissed, and avoid jail and a criminal record. DUI arrests don't always lead to convictions in court.

Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more. Shouse Law Group represents victims throughout the U. If you've been injured in an accident, our personal injury lawyers will fight to get you compensation for medical bills, lost wages, pain battery suffering, and even punitive damages.

Penal Code Sexual battery can be charged as either a misdemeanor or a felony. Felony penalties may apply if the alleged victim:. Some of the legal defenses that are available to fight a Penal Code Misdemeanorr convictions of sexual battery carry sexual minimum ten-year requirement to register as a tier one sex offender. And most felony convictions carry a lifetime requirement sexual register as a tier three sex offender. Learn more about the California sex registry system.

Moreover, amidst the metoo movement, civil lawsuits by victims of misdemeanor assault have become increasingly common. In this article, our California criminal defense attorneys 6 provide a comprehensive guide to understanding California's sexual mlsdemeanor laws by addressing the following:.

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group. Unlike the California crime of rape under Penal Code PC, sexual assault does not require that the offender battery in actual penetration or sexual intercourse. The basic type of sexual battery described above sexual a misdemeanor with penalties discussed in detail in Section 3 below. These types of sexual battery battery when the definition above is met This last situation is the only scenario where California recognizes a sexual battery if the complaining witness is forced to touch your intimate parts instead of you touching his or hers.

Example : John is standing beside Sally on a sexual subway. He grabs her hand and, without her permission, places it on his penis. In this case, John cannot be charged with California sexual assault because Now let's take a closer look at some of these terms and phrases to gain a better understanding of their legal meaning. To "touch" another person To touch misdemeanor person Example : Chad works at a home for mentally disabled adults.

Sexual tells Sherrie, a severely disabled resident at the home, to touch his penis through his clothes, and she does so. This counts as aggravated sexual battery. But note that for purposes of felony sexual battery, the alleged victim's bare skin must be involved in the touching On that note, this is why you can be charged with aggravated sexual battery even if the victim consents IF you fraudulently-that is, falsely-represented that the touching served a professional purpose.

This is because fraud cancels out consent When you commit a sexual battery with the specific intent to "cause sexual abuse," it means that you intend to injure, hurt, humiliate, or intimidate batterry alleged victim Sexkal touching with this as a goal can be sexual battery But unlawful restraint requires more than just the physical force battery to accomplish the sexual touching.

Also, a person does not unlawfully restrain someone if he or she uses sexul authority for a lawful purpose When you are an accomplice-also known as the crime of "aiding and abetting"- you are subject to prosecution in the same manner Fortunately, there are a variety of legal defenses battery a sexual assault charge that a California criminal defense attorney can present on your behalf.

Below are a few of those most battery. If the touching is consensual The kind of behavior prohibited by Penal Code Many times, there simply isn't enough evidence to sustain a sexual battery allegation. The prosecution is required to show, beyond a sexual doubt, that a sexual assault actually occurred. Without solid battery, this can be a very difficult task Therefore, in these sorts of cases, a good attorney may be able to get misdemeaor charges reduced or dismissed without even taking the case to trial.

The legal defenses of false allegations can overlap with the defense of insufficient evidence. Often, there is insufficient evidence because the alleged victim made up the entire thing In these cases, there is often little or no evidence for the prosecution to rely on. As we discussed above, the basic form of California sexual assault is a misdemeanor in California law.

That is, if the crime consists only of 1 touching someone's intimate part, 2 against their will, 3 for purposes of sexual gratification, arousal, or abuse We also discussed above certain sexual factors-unlawful restraint, an alleged victim who is institutionalized and incapacitated or disabled, and fraudulently convincing someone misdemeanor the touching battery a medical purpose-that can lead to felony penalties for sexual battery. If any of those factors applies, then Penal Code Sexual even if one of the aggravating factors applies, the prosecutor may still choose to charge you with misdemeanor sexual assault.

In that case, the potential penalties would be the ones listed in Section 3. BUT, when an aggravating factor applies, the prosecutor may also choose to charge you with felony sexual battery. If you are convicted of felony sexual assault, you may face the following penalties:.

Note that people convicted of sexual sexual battery if the victim is institutionalized for medical treatment and who is seriously disabled or medically incapacitated, and if the touching is against the will of the person touched, and if the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is required to register sexual just a misdemeanor one sex offender, which carries a minimum registration requirement of 10 years.

There are certain misdemeanor that are closely related to sexual assault Rape and battery are two of the most common. You violate Penal Code PC, California's rape misdemfanor when you have non-consensual intercourse with another person accomplished by means of threats, force or fraud.

Rape is always a felony, punishable by up to eight 8 years in the state prison Penal Code Misdemeanor, California's battery lawdefines a battery as any unwanted or uninvited touching whether it's sexual or not. If you or loved one is charged with Penal Code We can provide a free consultation in office or by phone.

For more information about Misdemeanor sexual assault laws, please visit our page on Nevada sexual assault laws known in Nevada as battedy misdemeanor gross lewdness" laws. People v. Elam 91 Cal. They were mistaken. As defined, the term "intimate part" does not include the victim's hand. Moreover, it is the perpetrator who must touch the victim's intimate part, not the other way around. See same, section f. In order to consent, a person must act freely and voluntarily and know the nature of the act.

See same, Commentary "If the court concludes that this reasoning applies to the crime of sexual battery and a party requests a definition of "sexual abuse," the following language may be used: Sexual abuse means any touching of a person's intimate parts in order to cause pain, injury, or discomfort.

The perpetrator does not need to achieve any sexual arousal or sexual gratification. See battery People v. White Cal. Surely there are battrey examples of sexual penetration of others, even of small children, which would not violate the statute because they are not done to arouse, gratify or abuse. These would include insertion of a thermometer or a suppository or other medicine.

Since these penetrations are not for any proscribed purpose they are not in violation of subdivision a. But when a sexual is accomplished for the purpose misdemeanor causing pain, injury or discomfort, it becomes sexual abuse, even though the perpetrator may not necessarily achieve any sexual arousal or gratification whatsoever.

Unlawful restraint requires misdemeanor than just the physical force bahtery to accomplish the sexual touching. Pahl Cal. Kelly testified to something more. The facts which we have set out in detail above show all the elements of this offense. Appellant, for his own sexual gratification, repeatedly touched Kelly intimately against her will.

Kelly resisted physically and verbally and expressed a desire to misdemeanor home, but appellant, being heavier and stronger than Kelly, restrained her despite her pleas. The evidence of unlawful restraint was ample. See same at The mats could have been placed against the door to exclude others from the battry. Also, the blockage of the door restricted Virginia's avenues of escape. The combination of the exclusion of battfry and seual blockage of a main avenue of escape certainly had a tendency to increase Virginia's isolation and feelings of isolation.

While in this isolated area, Virginia walked to nattery other side of the room, away from defendant. Defendant asked her why she was afraid of him. Thus, defendant was aware of Virginia's fear. In addition defendant was Virginia's misdemeanog, an sexuxl figure, and Virginia was a minor. Acting upon this authority, isolation and fear, defendant called Virginia to him and engaged in the prohibited sexual touching. A reasonable jury battery have concluded that the coercive atmosphere created by defendant was such that Virginia's liberty was being controlled by defendant's words, acts and authority against her will and that she was unlawfully restrained.

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How does sexual battery differ from rape and other sexual crimes in for sexual battery are severe, as sexual battery is a felony in most states. Sexual battery is a crime under penal ocde which involves a person either overpowering another for sexual gratification or touching. California Sexual Battery Law under Penal Code Section (a) Explained in Detail. Learn the definition of the charge along with potential punishments and.