December 11, 2012 By Wallin & Klarich

If you are charged with sexual battery in Orange County, you are probably scared and do not know what to do. That is because you probably know that sexual battery is a serious crime in California. The consequences if you are convicted of sexual battery are severe, which is why you need to speak to an experienced criminal defense attorney immediately if you are facing sexual battery charges.

Is Sexual Battery a Felony in California?

Sexual Battery in Orange CountyThe crime of sexual battery is a wobbler offense, meaning that it can be charged either as a misdemeanor or a felony in Orange County. Regardless if you are charged with a felony or misdemeanor, you face severe penalties if you are convicted of this crime, including a requirement to register as a sex offender for the rest of your life.

Under California Penal Code Section 243.4(e)(1), misdemeanor sexual battery is the non-consensual touching of the intimate part of another if you do this act for:

  • Sexual arousal
  • Sexual gratification; OR
  • Sexual abuse

PC 243.4 defines felony sexual battery in California as an act committed for the same sexual purposes as described above and is the non-consensual touching of the intimate part of:

  • Someone who was unconscious as to the nature of the act because he/she was fraudulently convinced that the touching was for professional purposes
  • Someone who was unlawfully restrained
  • Someone who was institutionalized and either medically incapacitated or seriously disabled; OR
  • Someone falling under “b” or “c” above who was forced to masturbate oneself or touch the intimate part of another

If you are convicted of either felony or misdemeanor sexual battery in Orange County, you could face substantial jail time and be required to register as a sex offender for the rest of your life. This could have negative consequences that follow you around forever. However, our skilled sexual battery attorneys know the valid defenses to a sexual battery charge in Orange County, which include consent and lack of criminal intent. The fact that someone has been touched in a sexual area of there body does NOT mean the person doing the touching is automatically guilty of a sexual battery.

Call the Sexual Battery Lawyers at Wallin & Klarich Law Firm

Do not let a conviction of sexual battery charges affect you for the rest of your life. You need to speak to an experienced criminal defense attorney at Wallin & Klarich so that we can help you fight for your freedom. Our law firm has been successfully defending our clients facing sexual battery charges in Orange County for over 30 years. Let us help you now.

With offices located in Orange County, Los Angeles, San Diego, Torrance, West Covina, Sherman Oaks, Riverside, San Bernardino, Victorville and Ventura, our skilled criminal lawyers are available to help you no matter where you live or work.

Call our offices today at (888) 280-6839 for a free phone consultation so that we can get started on your case. We will be there when you call.

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