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Sexual Assault And Battery | PC 243.4

Sexual Assault And Battery | PC 243.4

Former Sex Crimes Prosecutors Now Los Angeles Sexual Assault Defense Lawyers

California Penal Code Section 243.4 describes sexual assault as “the touching of another person’s intimate body part without that person’s legal consent.” Whether the crime is charged as a misdemeanor or a felony depends on the age of the victim, criminal history of the alleged perpetrator and other circumstances surrounding the incident.

Takakjian & Sitkoff, LLP was established in 1987 by two former prosecutors who worked in the sex crimes unit. We have unique insight into the prosecutorial process and the investigative tools available to law enforcement. Armed with this knowledge, our attorneys develop a strategic defense to your sexual assault charges.

Penalties for sexual assault in California

Sexual assault describes a variety of illegal acts that range in severity from simple touching of another adult’s sexual organs to forcible rape. Punishments, therefore, range from probation for misdemeanor sexual battery to a lengthy prison term for felony sexual assault of a child. For conviction on either misdemeanor or felony charges, you are considered a sex offender and may be subject to the sex offender registry laws.

Consent element of sexual assault

The state must prove that the sexual assault was not consensual by demonstrating that the victim either could not or did not give legal consent because of:

  • Restraint by force, intimidation or threat
  • Physical or mental handicap
  • Incapacitation by illness, sleep, injury or intoxication
  • Impairment of by drugs or alcohol
  • Age of minority that renders him or her unable to give legal consent

Defenses to sexual assault charges

To prevail, the prosecution must prove its case beyond a reasonable doubt. This means if prosecutors lack sufficient evidence, your charges should be dropped or you should be acquitted at trial. In a sexual assault case involving an acquaintance and no penetration, the physical evidence may be limited. Nonetheless, the prosecution often moves forward based on the sole testimony of the victim. Defenses we may consider in these cases include:

  • Consent — The victim gave legal consent to the sexual contact.
  • Intent — You did not intend to sexually touch the victim; the touching occurred by accident.
  • False accusations — The victim had motive to make false allegations that are unsubstantiated by evidence.

Get the strong defense you need to fight sexual assault charges

To learn more about how we can defend you against sexual assault allegations, call Takakjian & Sitkoff, LLP at 888-579-4844 or contact us online. At your free initial consultation, we advise you of your rights and potential outcomes of your case. Arrests take place 24/7 and we are there to take your call.