Los Angeles Sexual Battery Defense Lawyer

Sexual battery (sometimes called “sexual assault”) is one of the most common sex crime charges prosecuted by the Los Angeles County District Attorney’s Office. If you are convicted, you can expect harsh penalties that affect every aspect of your life from your freedom to your job and even where you’re able to live. 

It’s important to note that an arrest or charge isn’t a conviction. But you shouldn’t attempt to handle this with an inexperienced attorney or one who hasn’t handled many sex crimes charges before.

Los Angeles sexual battery defense lawyer Ninaz Saffari and her team are prepared to fight for you and your future. Call Saffari Law Group today for a confidential consultation: (213) 460-4922.

What Constitutes Sexual Battery?

Quite simply, this offense involves you (allegedly) touching the purported victim’s intimate body part in some harmful or offensive manner (i.e., without their legal consent), per California Penal Code section 243.4.

However, this can range from something as relatively innocuous as patting their buttocks to an act as relatively egregious as fondling genitals. Whatever degree of contact, it must result from a sexual motive – i.e., gratification, pleasure, arousal, etc.

Section 243.4 covers the following variations of this crime:

• Sexual battering the victim while they are restrained (Penal Code section 243.4(a))
• Sexually battering someone who is in an institution and who is physically disabled or mentally incapacitated (Pen. Code section 243.4(b))
• Sexually battering someone who is unaware of what is occurring because they were misled into thinking that the touching “served a professional purpose” (Pen. Code section 243.4(c))
• Masturbating someone who is in an institution and who is physically disabled or mentally incapacitated (Pen. Code section 243.4(d))
• Sexually battering your employee (Pen. Code § 243.4(e)(1))

If you’ve previously been convicted of felony sexual battery, and you are now convicted of sexually battering a minor, you’ll definitely be charged with a felony. Pen. Code § 243.4(j).

Sexual Battery by Fraud

This offense, found in California Penal Code section 243.4(c), involves sexually battering the victim by using fraud (e.g., misleading someone into thinking the touching serves a medical purpose, such as a physical examination).

Sexual Battery Is a “Wobbler” Offense in California

This is a “Wobbler” offense (California Penal Code section 17(b)), which means the DA’s Office can charge it either as a felony or misdemeanor, depending on factors too numerous to discuss at length here, but which typically involve your prior criminal record (if you have one), the age of the purported victim, the degree of harm done to them, and so forth.

We’ll Fight for a Pre-File or Early Dismissal

The Saffari Law Group is often able to resolve these types of cases in a highly favorable manner when we are involved early enough in the process, such as:

1. Before the investigating sex crimes detective (LAPD) refers the matter for prosecution to the DA’s Office (for felonies and misdemeanors) or the City Attorney’s Office (misdemeanors only)
2. After the Deputy DA or Deputy CA receives the file from the detective, but before the assigned prosecutor actually files a criminal complaint against you
3. Shortly after criminal charges are actually filed against you

By a highly favorable resolution, we mean: 

• The detective decides not to refer the matter for prosecution
• The prosecutor rejects the matter for prosecution after it’s been referred to them 
• They dismiss the case shortly after charges are filed
• They offer a plea deal for a minor non-sex-crime misdemeanor, such as Simple Assault (California Penal Code section 240); Simple Battery (California Penal Code section 242); or an infraction.

This often requires a great deal of investigative work in a very short time but the results are often better than you expected.

Penalties for Sexual Battery Convictions

If you’re convicted of misdemeanor sexual battery, you’ll face up to one year in jail. A felony will get you a range of two, three, or four years in a state penitentiary. 

The same exact “wobbler punishments” apply if: 

• The victim was medically institutionalized and mentally or physically disabled.
• While sexually battering an institutionalized victim as described above, you had them masturbate you, themselves, or a third person.

Otherwise, sexual battery is charged as a misdemeanor with a maximum six-month jail sentence, including if the victim is your employee.

Finally, if you’ve previously been convicted of felony sexual battery, and you are now convicted of sexually battering a minor, this second felony conviction will get you 2, 3, or 4 years in a state penitentiary.

California Penal Code section 243.4(c) — Sexual Battery by Fraud

If the sexual battery was achieved by fraud, you can be charged with a misdemeanor or a felony, in which case you’ll face, respectively, a maximum of 12 months in jail, or a prison sentence of 2, 3, or 4 years. Pen. Code § 243.4(c).

Registration Requirements After a Sexual Battery Conviction

The most severe consequence of even a misdemeanor sexual battery conviction – which is classified as a “Tier One” registerable sex offense – is a decade-long registration requirement, pursuant to California’s Sex Offender Registration statute (California Penal Code section 290).

This mandatory registration period can stretch out over your entire lifetime if you’re convicted of felony sexual battery, which is classified as a Tier Three registerable offense. This means that:

• You (and your residence) will be identified on the Megan’s Law website.
• Every year within five days of your changing your residence, you’ll have to register all your personal info with the local police or sheriff’s station.

If you fail to do so even once, you’ll face misdemeanor or felony charges (depending on why you’re on the registry).

Defenses to Sexual Battery Charges

The defense we use depends on the specifics of your case, but may include:

1. The purported victim had given legal consent for you to make the alleged physical contact.
2. You didn’t “unlawfully” restrain them.
3. You never actually touched their intimate body part or, alternatively, you never caused them to do so to themselves or to you.
4. You did actually do so but not out of any sexual motive.
5. The purported victim was institutionalized at the time, but not for any medical reason.
6. They weren’t physically disabled or mentally incapacitated at the time.
7. You didn’t fraudulently misrepresent that the alleged touching was done for a professional/legitimate reason.
8. No severe physical harm resulted (a mitigation defense).

We use Ninaz’s experience with 7,000+ cases to determine the best defense for you and your case. Get started with our Los Angeles criminal defense lawyer today: (213) 460-4922.