Being under arrest is undoubtedly a stressful and embarrassing experience, especially if the alleged offense is a sex crime. If you are under arrest or investigation on suspicion that you are the culprit in a sexual battery case, challenging the accuser's or victim's testimony could be challenging. However, this charge is defensible if you have a dependable attorney in your corner.

A reliable and aggressive attorney can help you prepare bulletproof defenses to counter the sexual battery allegations you are up against for the best possible outcome. Credible attorneys at California Criminal Lawyer Group have extensive knowledge of the legal justice system and an understanding of the local courts.

We will relentlessly defend your best interests and constitutional rights during the prosecution process for acquittal of the alleged sexual battery charge or a less severe related charge. Do not hesitate to contact us if you are charged with a sexual battery offense in Santa Ana to know your legal options as the alleged case continues.

Defining Sexual Battery Charge Under Penal Code 243.4 PC

Also known as sexual assault, sexual battery is the unlawful touching of another person's sexual or intimate parts without his/her consent with the intent to achieve sexual gratification, arousal, or abuse. Penal Code 243.4 PC is the statute that defines what counts as sexual battery. Below are examples of acts that would attract sexual battery charges under this statute:

  • Fondling of another person's buttocks or breasts
  • A male therapist or counselor convincing his female client that she should permit him to rub or touch her breast in an attempt to help her overcome sexual inhibitions
  • Convincing an institutionalized or mentally ill person to masturbate in your presence
  • Putting or placing your hands on another person's buttocks or thighs without consent to do so
  • Holding or restraining another person while you attempt to unbutton his/her shirts or pants
  • Forcing another person to touch you in an illegal sexual way

Since sexual battery crime is a wobbler offense under PC 243.4, the allegations you are up against could attract misdemeanor or felony penalties, depending on your unique case facts and circumstances. That is why you need an attorney to defend your legal rights aggressively for at least a less severe sentence if the prosecutor's evidence against you is overwhelming.

What to Do After an Arrest for an Alleged Sexual Battery Charge

Although it seems like you have few options while in police custody for an alleged sexual battery charge, there are steps you can take to protect your best interests as the case continues through the criminal justice system. Here are helpful steps to take after an arrest on suspicion that you are a culprit in a sexual battery case:

Contact Someone Who Can Help You Post Bail

Typically, in most sex crimes, including sexual battery, the arresting officer will not allow you to step out of jail without posting bail to assure your appearance or availability in future court hearings. If you do not have the scheduled monetary bail amount for your unique case, it would be wise to seek help from a friend or a relative to post your cash bail instead of sitting behind bars.

Since bail is often unaffordable, especially for severe crimes like sexual battery, your friend could not have the money ready to post your bail immediately. However, there is no need to fret because that is not the last option. If your friend is willing to help you, he/she can call a bond dealer or agent for quick bail bond services that you need to obtain your freedom before the alleged case's verdict.

A bail bond dealer will post your bail to have your freedom back within the shortest time possible, but you must promise to abide by the conditions of your release on bail, including:

  • Appearing in your scheduled court dates on time to defend the alleged sexual battery charges
  • No contact with the victim or witnesses of the alleged offense
  • No moving out or traveling beyond the state borders
  • No alcohol or drug use

Contact an Experienced Defense Attorney

Although you have a legal right to have a public defender represent your best interests during the prosecution process for the alleged sexual battery charge, it is wise to hire a private attorney for many reasons, including:

  • Since a private attorney will often have few cases at hand, he/she can dedicate maximum time on your case to prepare bulletproof defense arguments that prove your innocence in court for the best attainable outcome
  • In addition to having more time to dedicate to your unique case, a reliable private attorney will have other staff working on your case to prepare the best defenses to counter the alleged charge
  • You can choose a private attorney of your choice for a comfortable relationship during the prosecution process

Undoubtedly, you will enjoy many benefits when you hire a private attorney to represent you after an arrest for an alleged sexual battery charge under PC 243.4. Even though sexual battery charges are tricky, a reliable defense attorney can do the following:

  • Negotiate with the judge for a less severe related charge
  • Convince the judge to dismiss the case
  • Raise mitigating arguments to convince the judge to lower your sentence upon a conviction for the alleged PC 243.4 violation

For all these reasons, it is wise to hire a private attorney within the shortest time possible if you are under investigation or arrest for an alleged sexual battery charge.

What the Prosecutor Must Prove for Sexual Battery Charge Conviction at Trial

Once you post bail, you will have your freedom back until the alleged sexual battery charge trial date. During the trial hearing, the prosecutor will bear the burden to prove and convince a judge or a panel of twelve jurors that the sexual battery allegations you are facing are true beyond a reasonable doubt.

Here are the elements the prosecutor must prove to secure a conviction against you for the alleged sexual battery charge under PC 243.4:

  1. You Unlawfully Restrained the Accuser or Victim

The prosecutor must provide convincing evidence to show that you restricted the victim's freedom of movement using your actions, words, or authority for a conviction under PC 243.4.

  1. You Touched the Victim's Sexual or Intimate Body Parts

While the victim was restrained or tied, you touched or fondled his/her sexual body parts is another element the prosecutor must prove to secure a conviction against you for the crime of sexual battery under PC 243.4. For the sake of this statute, to "touch" means to make contact with the victim's sexual body part, for example, breast, buttocks, groin, penis, or anus.

  1. The Touching or Fondling Was Against the Victim's Will

For you to be guilty of the alleged sexual battery charge, the prosecutor must provide unquestionable evidence to prove that the touching was against the victim's will because consensual touching is legal.

  1. The Unlawful Touching Was for Sexual Abuse, Gratification, or Arousal

Finally, to convince the court beyond a reasonable doubt that you are guilty of PC 243.4 violation, the prosecutor must also provide convincing evidence to show the alleged touching was for sexual gratification, abuse, or arousal. Even if you did not achieve sexual arousal or gratification, you could be guilty of sexual battery under PC 243.4 if the prosecutor can prove you had the intent to do so.

Without proper and convincing evidence to prove the above facts beyond a reasonable doubt, you cannot be guilty of PC 243.4. That means a skilled attorney could find loopholes to attack the prosecutor's evidence against you for a dismissal of the alleged sexual battery charge or a less severe related charge.

Legal Defenses for a Sexual Battery Charge

Generally, there are several legal defenses your defense attorney can assert to counter or challenge the prosecutor's evidence against you at trial for the best attainable outcome on the alleged sexual battery charge.

Although the defense arguments your attorney will use at trial will depend on your unique case's facts, the following legal defenses could work out in your favor for a less severe charge or dismissal of the entire case:

The Touching Was Consensual

As mentioned above, if alleged touching was consensual, meaning you did not violate the accuser's will, you will not be guilty of PC 243.4 violation. Even if you had a reasonable belief that the alleged touching was consensual, you should not be guilty of sexual battery under PC 243.4.

Although this is a viable legal defense in most sexual battery cases, the court will typically consider particular people incapable of consent, including children and mentally ill people. That means if the alleged victim is a minor (under 18) or mentally ill, your attorney cannot assert this legal defense to the alleged sexual battery charge.

You are a Victim of False Accusation

Even lawmakers acknowledge that a sexual battery charge is a crime ripe for false accusations because it does not involve bodily harm or injury. Therefore, a person who wants to gain attention or seek revenge can wrongfully accuse you of a crime you did not commit. If your attorney can prove that the allegations you are up against are false, the court will dismiss your case.

There is Insufficient Evidence Against You

Generally, the behavior prohibited under PC 243.4 does not come with physical evidence. That means there are chances that the prosecutor's evidence against you is insufficient to prove your guilt beyond a reasonable doubt. Without solid and viable evidence, it would be challenging to convince the jury beyond a reasonable doubt that you are guilty of PC 243.4 violation.

In most cases, a skilled and experienced defense attorney can convince the prosecutor to drop or reduce the alleged sexual battery charge without taking it to trial.

The Alleged Touching Was Not Sexual

This defense would be applicable to counter the alleged sexual battery charge, but you have to admit that you touched the alleged victim's sexual or intimate body parts without his/her will or consent. Then prove that you did so without the intent of sexual arousal, abuse, or gratification.

If your attorney can raise a doubt on the prosecutor's evidence against you using the above legal defenses, you should expect the following outcomes:

  • A dismissal of the alleged offense
  • A reduced charge that carries a less severe sentence compared to a sexual battery charge

To avoid risking your case in the hands of a mediocre or amateur attorney, you should take ample time to find:

  • An experienced attorney
  • A qualified and certified attorney
  • A licensed attorney
  • An accredited attorney
  • A reputable attorney

Penalties for a Sexual Battery Charge Conviction Under PC 243.4

Unfortunately, if you are guilty of the alleged offense, meaning the prosecutor's evidence against you is overwhelming, your case will proceed to the sentencing phase. At this phase of the criminal justice system, the court will decide an appropriate sentence for your charge conviction, considering the prosecutor's aggravating arguments and your attorney's mitigating arguments.

According to section 243.4 of the Penal Code, the sentence you will face for a sexual battery charge conviction will depend on whether your charge is a misdemeanor or a felony. Whether the prosecutor will file your case as a felony or misdemeanor will depend on:

  • The context and facts of the alleged sexually battery case
  • Your criminal history

If charged as a felony, a conviction for PC 243.4 violation will attract the following potential penalties:

  • Confinement in the state prison for up to four years
  • Up to $10,000 fine
  • Formal probation
  • Both imprisonment and fine

However, when charged as a misdemeanor, a conviction for PC 243.4 violation will attract less severe penalties, including:

  • Up to six months detainment in the county jail
  • A fine that ranges from $2,000 to $3,000
  • Summary or misdemeanor probation
  • Both fine and imprisonment

If you are eligible for probation to spend your sentence out of jail, you should abide by the required conditions to avoid a rearrest and the possibility of a jail sentence. Below are some of the common conditions you must comply with during probation for a sexual battery charge conviction:

  • Participate in community service
  • Complete or enroll in a batterer's program
  • No contacting or visiting the victim of the alleged offense, especially if this offense is related to domestic violence disputes

Other Potential Consequences You Could Face for a Sexual Battery Charge Conviction

Apart from the above usual penalties, a conviction for PC 243.4 violation will also result in other detrimental consequences you cannot overlook or undermine, including:

A Criminal Record

Unfortunately, even if you complete your sentence successfully, a conviction for PC 243.4 violation will remain on your criminal record. That means a potential employer will know of your past with just a touch of a button, and that can affect your chances of securing reliable employment. Having a criminal record for a sexual battery charge conviction can also:

  • Tarnish your reputation in the community, affecting your ability to live a happy life
  • Affect your ability to secure an apartment because landlords nowadays are cautious about people or tenants they allow to live their rentals
  • Affect your ability to secure a school
  • Lead to revocation of your professional licenses, especially if you are a doctor or other medical practitioner

To avoid these detrimental consequences of having a sexual battery charge conviction on your record, you can work with your attorney to obtain an expungement under PC 1203.4. An expungement will typically relieve you from all the possible disabilities and consequences you could face due to a sexual battery charge conviction to have a fresh start in your life.

Inclusion in the Sex Offender Registry

In addition to the above-mentioned standard penalties, a conviction for PC 243.4 violation will also lead to inclusion in the sex offender registry according to PC 290. Typically, a sex offender registry is an online database that allows law enforcement officers to track your whereabouts as a convicted sex offender. Below are some of the negative consequences of inclusion in the sex offender registry:

  • You have to inform law enforcement officers whenever you change your residence or place of work
  • It will be challenging to secure housing or an apartment because you cannot live near a school, college, or university

It is also worth noting that failure to register as a sex offender as required is also a crime by itself. If you are guilty of PC 290 violation, the penalties you will face will depend on whether your initial sexual battery charge conviction was a misdemeanor or felony. If you are guilty of misdemeanor sexual battery crime, the penalties you will face for failing to register as a sex offender will include:

  • Up to one custody in the county jail
  • A fine not exceeding $1,000

On the other hand, if you are guilty of a felony sexual battery charge, failure to register as a sex offender will attract the following penalties:

  • Not more than three years in the county jail
  • A maximum of $10,000 fine

As you can see above, a conviction for PC 243.4 violation can significantly affect the quality of your life even after paying your dues. To stand a chance of beating the alleged sexual battery charge, you should speak with a defense attorney for an aggressive legal representation in the tricky criminal justice system.

Offenses Related to Sexual Battery Under PC 243.4

If the prosecutor presiding over your case does not have sufficient evidence to convict you for PC 243.4 violation, he/she can still charge you with a closed related offense. Typically, the following offenses are considered "closely related" to a sexual battery offense under PC 243.4 because they have similar or common elements that the prosecutor must convincingly prove in court:

Rape

Section 261 of the Penal Code is the statute that makes it illegal to engage in non-consensual sexual intercourse with someone who is not your spouse or wife using force, threat, or fraud to accomplish your mission. Like a sexual battery offense under PC 243.4, the court will consider the victim or the accuser incapable of consent if the following facts are true:

  • The victim was intoxicated or under the influence of alcohol or any other illegal drug
  • The victim is a minor
  • The victim has a mental illness
  • The victim has a physical disability

Typically rape offense under PC 261 is chargeable and punishable as a felony. A conviction for PC 261 violation will make you subject to a maximum of eight years in the state prison and a fine of not more than $10,000.

If other aggravating factors exist in the context of your case, you will be subject to harsher punishment upon a conviction for the alleged rape offense under PC 261. Some of these aggravating factors include:

  • You have a past conviction record for a rape charge
  • The victim sustained a severe bodily injury

Battery

According to PC 242, you commit the crime of battery when you willfully and knowingly use force or violence against another person. Below are examples of acts that would count as battery under this law:

  • Throwing a stone at someone after a quarrel and it hits any part of his/her body
  • Pushing someone for cutting in front of you on a line at a grocery store
  • Punching someone with your fist on his/her face after a disagreement or quarrel

Even if the victim did not sustain a bodily injury, the prosecutor could secure a conviction against you for PC 242 violation if he/she can prove beyond a reasonable doubt that you touched the victim rudely or offensively. Upon conviction for the alleged battery offense under PC 242, you should expect the following potential misdemeanor penalties:

  • Not more than $2,000 fine
  • A maximum of six (6) months in the county jail
  • Both imprisonment and a fine

Find a Santa Ana Criminal Defense Attorney Near Me

Credible defense attorneys at California Criminal Lawyer Group are ready to analyze the facts of your unique sexual battery case to prepare the best defense arguments to convince the court to drop or reduce the charge.

We invite you to call us at 714-844-4151 if you are under investigation or arrest for an alleged sexual battery charge in Santa Ana for an aggressive legal representation you need to achieve the best possible outcome on the case.