Sexual Assault
The crime of sexual assault is governed by California Penal Code section 243.4. Sexual assault is a general crime in California, with code section 243.4 providing the elements of several different levels of sexual assault (i.e. sexual battery, aggravated sexual assault).
According to California law, a sexual assault occurs when one touches the intimate part of another person against that person’s will for the specific purpose of either sexual arousal, sexual gratification or sexual abuse. It should be noted that the code, as well as relevant case law, makes clear that no penetration or sexual intercourse is required for an act to fall under the auspices of a sexual assault. More so, a sexual assault can occur even when the alleged victim and alleged assailant have been in an ongoing sexual relationship.
Sexual Assault Penalties
Absent any aggravating circumstances, in California sexual assault is a misdemeanor. Thus, the maximum punishment for sexual assault is six months in a county jail and a fine of $2,000.00. There is, however, a special provision for incidents where the alleged victim is an employee. In this scenario, the maximum fine increases to $3,000.00.
On top of this, a sexual assault conviction will require you to spend up to five years on informal probation. Typically informal probation will require community service, the completion of a batterer’s education program and/or the completion of a program designed to help those with sexual abuse issues.
As if these penalties were not enough for a misdemeanor, to top it all off a sexual assault conviction will also place you on the California sex offender registry. This listing will last a lifetime and will have significant implications on your personal, professional and family life.
Los Angeles Sexual Assault Defense Attorneys
In order to properly defend against your California sexual assault charge and to protect your reputation, career and family, you need to seek the advice of an experienced California defense attorney.
The Law Offices of Jonathan I. Kelman specialize in defending California sexual assault charges. If you or a loved one is facing a California criminal charge, seek the support of an attorney practicing only in criminal defense.
Remember, when your future is on the line, call the Law Offices of Jonathan I. Kelman at 310.286.1218 for your free initial consultation.