Sexual Battery Defense lawyer Los Angeles
How can a sexual battery defense attorney defend you in Los Angeles criminal courts?
Sexual battery is a serious criminal offense in Los Angeles, and if you have been charged with this crime, you will need the services of a skilled and experienced criminal defense attorney to defend you in court. Here are some ways in which a sexual battery defense attorney can help defend you in Los Angeles criminal courts:
- Review the evidence: The first thing a sexual battery defense attorney will do is review all the evidence against you, including witness statements, police reports, and any physical evidence. They will look for inconsistencies, errors, and weaknesses in the prosecution’s case and use these to build a strong defense.
- Challenge the prosecution’s evidence: Your attorney may challenge the admissibility of certain pieces of evidence, such as testimony or physical evidence, that may have been obtained illegally or through coercion. They may also challenge the reliability of any expert witness testimony.
- Present alternative theories: Your defense attorney may present alternative theories that explain the evidence in a way that is more favorable to your case. For example, they may argue that any physical contact between you and the alleged victim was consensual.
- Cross-examine witnesses: Your attorney will have the opportunity to cross-examine witnesses who testify against you. They will use this opportunity to challenge the credibility of the witness and to expose any inconsistencies or contradictions in their testimony.
- Negotiate plea deals: If the evidence against you is strong, your attorney may negotiate a plea deal with the prosecution to reduce the charges against you or to secure a lighter sentence.
- Represent you in court: If your case goes to trial, your attorney will represent you in court and present your defense. They will argue on your behalf, question witnesses, and present evidence that supports your defense.
Overall, a sexual battery defense attorney will work tirelessly to defend your rights and to protect your interests in the Los Angeles criminal courts. They will use their knowledge, skills, and experience to build a strong defense and to help you achieve the best possible outcome in your case.
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We are aggressive Los Angeles child sexual abuse lawyers defending clients for more than 25 years. Our attorneys also defend lewd act charges in California cses. This is a wobbler crime which means it can be charged as a felony or a misdemeanor. A simple touching of one’s private part over the age of 18 is ordinarily charged as a misdemeanor. However, if force is used, if the victim is talked into a sexual act by fraud, or if the victim is disabled or mentally ill, felony is more likely to be the case.
Under California Penal Code 243.4 (a), any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).
Sexual abuse could occur by simple touching of another’s body for the purpose of gratification. To qualify as a crime, the touching of the intimate part of another person must be without the person’s consent. Generally, consent and accidental contact are good defenses to this crime. Fondling and groping could be charged as a misdemeanor if aggravating factors are not present. Here, the maximum penalty will be one year in county jail. But groping someone while holding them down or while using a weapon could result in a felony charge. If convicted of felony sexual assault, you could receive 2, 3, or 4 years in prison.
If the alleged victim is a minor, or if you are being charged with lewd act upon a child, please see our page for Child Sexual Abuse.
It is not uncommon for victims to not have a good and clear view of their assailant. Therefore, mistaken identity and insufficiency of proof is usually a defense to the crime of sexual battery.
Assault with the Intent to Commit Rape
Under California Penal Code 220, assaulting another with the intent to commit a felony is punishable by up to six years in state prison. For the defendant to be found guilty, the prosecution must prove that the defendant intentionally used force or threat of force against the victim. It must also be shown that the defendant intended to commit a sex crime or another felony, namely mayhem, rape, statutory rape, sodomy, oral copulation, or lewd act with a minor under the age of 14.
To prove assault, it is sufficient to prove that the defendant used force or threat of force or that the victim was touched in an offensive manner and against the victim’s will.
Since assault with the intent to commit a felony is a specific intent crime, the best defense is to show that the defendant did not intend to assault or touch the victim in an offensive manner, or that he did not intent to commit a felony or a sexual act against the victim.
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Criminal prosecution can affect your health, freedom, employment, and social life. You need help and you need the best criminal defense you can get. At the Law Offices of Tony M. Seyfi, with the state of the art computerized legal research tools and forensic techniques, we will focus on identifying the defenses you may have and will develop numerous challenges to any crime possible.
Our goal is victory for our clients and to keep them from going to jail, and we are confident of our defense strategies. If you would like to discuss your case, call us today for a FREE CONSULTATION and case analysis.
