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Sexual Battery

Accused of Sexual Battery in Southern California?

If you’re in Riverside County or San Bernardino County and are facing sexual battery charges, time is not on your side. Your next move can mean the difference between walking away from the charges and spending the next four years in state prison. Without the help of an experienced Southern California sexual battery defense attorney, you are at the mercy of the criminal justice system. That criminal justice system does not have your best interests at heart and your future is at risk.

In contrast, a Riverside County sexual battery defense lawyer can navigate the criminal justice system on your behalf, representing you during questioning, at your preliminary hearing, and – if necessary – at trial. With more than five decades as a sexual battery defense attorney, Alan Spears knows the most effective defenses and has the knowledge and skill to achieve the best possible outcome for your case.

California’s sexual battery law is codified in Penal Code Section 243.4. Under the law, sexual battery is a “wobbler,” which means that it can be charged as either a misdemeanor or a felony. Take a moment to let that sink in. In many cases, the difference between a misdemeanor charge and a felony charge comes down to the legal representation of the accused.

In San Bernardino County and the rest of California, sexual battery has three components: intimate touch; touching without consent; and touching for sexual arousal, gratification, or abuse. The touching can be between partners in a romantic relationship (boyfriend-girlfriend), strangers (patrons at a club), or acquaintances (coach-athlete or doctor-patient).

When sexual battery is straightforward – an unwanted touch or persisting after the other person says no – it’s typically charged as misdemeanor sexual battery. A misdemeanor conviction carries a penalty of up to six months in county jail and a fine of up to $2,000. It can also mean spending ten years as a registered sex offender.

When sexual battery involves extenuating circumstances, you can face either misdemeanor or felony charges. Those extenuating circumstances can be one or more of the following:

  • Your accuser was restrained
  • The person you touched is disabled or medically incapacitated and was in a medical institution
  • You touched your accuser after telling them it was for another purpose, such as a medical examination or therapeutic massage
  • In one of the above scenarios, you made the accuser intimately touch you

If you are convicted of misdemeanor sexual battery with an extenuating circumstance, the maximum jail sentence increases to one year. For a felony sexual battery conviction, you face two, three, or four years in state prison, a maximum fine of $10,000, and being required to register as a sex offender for life.

Sex offender registration means that you are subject to scrutiny by law enforcement, employers, and neighbors. Virtually anyone can keep tabs on you via California’s Megan’s Law website. You’re also subject to restrictions regarding where you can live, work, and even walk.

The clock is ticking – and you have so much to lose. Riverside County sexual battery defense lawyer Alan Spears has the experience to ensure that you have a sexual battery defense that results in the charges being dropped, in a successful plea negotiation, or in an acquittal at trial.

Examples of the defenses Southern California sexual battery defense lawyer Alan Spears may use in your sexual battery case are:

  • You were falsely accused
  • The touching was consensual
  • The prosecution doesn’t have evidence to sustain the accusation
  • There are no eyewitnesses

Alan Spears is an experienced, aggressive Southern California sexual battery defense lawyer. He will tirelessly fight for you, leveraging his skill and knowledge to have the charges dismissed, negotiate a plea agreement, or achieve parole instead of time behind bars. With his help, your future is in good hands.

If you’ve been charged with sexual battery in San Bernardino County or Riverside County, don’t waste another second. Call Alan Spears today 951-400-4574 for a free, confidential consultation. He’s available 24 hours a day, 7 days a week to help you.

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