Allegations of the sexual battery must be taken seriously. At Okabe & Haushalter, our dedicated and experienced criminal defense attorneys in San Francisco have the resources necessary to vigorously defend you both in and out of the courtroom. If you or somebody you love is facing sexual battery charges, do not talk to prosecutors or law enforcement without first speaking to an attorney. The penalties for a guilty conviction of sexual battery charges are far too severe for you to handle this alone. We are here to help, and we will handle every aspect of your case.
Sexual battery is defined under California state law as touching the intimate parts of another person without the consent of the victim. The term “intimate parts,” refers to the genitalia, buttocks, or female breasts. A condition that is required for a sexual battery charge is that the touching was done for the purpose of sexual arousal, gratification, or abuse.
This offense is a “wobbler,” meaning that it can either be charged as a misdemeanor or a felony, but in either case, a conviction will mean that you will be subject to 290 registration as a sex offender for the rest of your life.
If you are convicted of misdemeanor sexual battery, you can be held in the county jail for up to a year and forced to pay fines of as much as $2,000. Felony sexual battery carries penalties as high as 4 years in state prison and $10,000 in fines. Several factors will influence the final sentence if you are found guilty, such as whether you are accused of committing the act through the use of force or restraint, whether the victim was conscious at the time of the act and whether the victim was a minor.
When you face prosecution for such a serious crime, you need the support and advice of a hard-hitting Los Angeles sex crime lawyer to guide you through the case to a successful resolution. A conviction could mean that your life will never be the same again, so you need to do everything possible to avoid this outcome.
A skilled sexual battery defense attorney in San Francisco will use their resources to investigate every aspect of the charges against you. They will use the evidence gathered by law enforcement officials and prosecutors while also conducting an independent investigation into the incident. There are various defenses that could be deployed on your behalf, though the particular defense will vary depending on the facts and circumstances surrounding each situation. Some of the possible defenses in these cases include the following:
One of the most important aspects of having a criminal defense attorney by your side for a sexual battery case is that the attorney will handle all communication with other parties on your behalf. This will prevent you from doing or saying anything that could jeopardize your case. An attorney will gather all the evidence used by law enforcement officials and prosecutors. They will also conduct an independent investigation into the incident in order to obtain any evidence that could be used to exonerate their client.
After conducting a complete investigation into the alleged incident, an attorney will handle all communication with prosecutors in an attempt to get the charges reduced or dismissed altogether. If necessary, and if the facts of the case warrant such discussions, an attorney will work to negotiate a plea deal with the prosecutors on behalf of their client. A skilled criminal defense attorney will also be ready to take the case all the way to the trial necessary to ensure that their client is treated fairly.
You can come to the team at Okabe & Haushalter for skilled and knowledgeable representation on charges of sexual battery. We have defended many people who found themselves in your position, and we know how stressful it can be to face sexual battery allegations. There are many ways to fight the case, from establishing that you had reasonable cause to believe you had consented to disprove the accusation that you were the person who committed the act. Each case is unique, and we will consult with you to find the best approach for defending your freedom.