Defending Clients Accused of Sexual Assault

August 15, 2024

If you are facing sexual battery charges in California, you likely feel overwhelmed. The California legislature has laws prohibiting sexual battery, with offenders being charged with either a misdemeanor or felony. The offense of sexual battery is often referred to as sexual assault in the state.

Under California Penal Code §243.4 PC, sexual battery is defined as any type of sexual contact that is performed without the recipient’s consent for the purpose of sexual abuse, sexual arousal, or sexual gratification. Attempted rape, forced penetration, and inappropriate fondling may constitute a sexual battery offense.

Simply being charged does not mean that you will be prosecuted under the law. If you are facing allegations of sexual assault, it is imperative that you hire our Santa Barbara criminal defense attorneys as soon as possible.

Penalties for Sexual Battery

If you have been charged with sexual battery, you are at risk of imprisonment and having to pay steep fines. Under California law, an offender may be imprisoned in county jail for up to one year and fined $2,000. Based on the circumstances of the offense, you could be sent to state prison for two to four years and fined up to $10,000.

Defending Against Sex Crime Allegations

If you have been accused of sexual assault, our defense strategy will depend upon the specific circumstances of your case. Potential defenses for those accused of sexual assault may include:

Consent

Sexual assault prosecution requires that the recipient did not consent to the sexual acts. If you can provide evidence showing that the victim did consent, then the charges against you will be negated.

Unlawful Search and Seizure

Under the Fourth Amendment of the U.S. Constitution and California law, if you are in a place where you have a reasonable expectation of privacy, law enforcement and investigators must obtain a warrant. However, there are exceptions to the warrant rule, including if you consented to the search, if the search directly follows a lawful arrest, or if the police are in hot pursuit of a suspect.

Intoxication

Voluntary intoxication is a weak defense to sex crime allegations but still a valid legal defense. Voluntary intoxication is defined as ingesting, injecting, or any means of taking alcohol, drugs, or any type of controlled substance. On the other hand, involuntary intoxication occurs when someone unknowingly ingests alcohol or another substance through force or fraud.

Sexual battery is a specific intent crime, so the state prosecutor must show a person’s intent in committing the offense. Inebriation will cause mental impairment, making you unable to discern that your actions were wrong. In sexual battery, the sexual conduct is performed for the purpose of sexual abuse, sexual arousal, or sexual gratification. If the individual is intoxicated, then he or she does not have the required state of mind to commit a specific intent crime, such as sexual battery.

If voluntary intoxication by itself could be a “get out of jail free” tactic, then many people would willingly get drunk to get away with crimes. So, if you are using voluntary intoxication as a defense, you will most likely need to provide other mitigating factors to reduce your liability.

Speak with a Santa Barbara Criminal Defense Attorney Today

If you have been accused of sexual assault, you need aggressive representation to combat these charges. At Bamieh & De Smeth, we believe that everybody deserves experienced counsel when facing criminal allegations. Our Santa Barbara criminal defense attorneys are unparalleled in the dedication we give to our clients. To learn how we can assist you, contact us by phone or online to schedule your free case evaluation.