Sexual Assault / Sexual Battery

Sexual Battery and Assault Attorney in Orange County

If you’ve recently been arrested for sexual battery in Irvine, Fullerton, Santa Ana, Costa Mesa, Huntington Beach, Westminster or Newport Beach it’s urgent you contact the Orange County criminal attorney specialists right away at the Orange County Law Offices of Michael L. Guisti at 888-478-8999, because if convicted of this crime you could face having to register as a sex offender for life.

Our sex crimes defense attorney specialists have over a decade of experience in SUCCESSFULLY defending people accused of sex crimes in the courts of Los Angeles, Orange, Riverside, San Bernardino and San Diego Counties. Our attorneys have worked hard to see to it that many of our clients accused of sex crimes have had their charges either greatly reduced, found not guilty or altogether dismissed.

The Crime of Sexual Battery

As our expert Orange County sex crimes lawyer explains, sexual battery is when a person unlawfully touches another person for the purpose of sexual arousal, sexual gratification, or sexual abuse.

Sexual battery under Penal Code 243.4 is a “wobbler,” which means it can be charged either as a misdemeanor or felony.

Whether it’s charged as a misdemeanor or felony all depends how you committed this crime.

Misdemeanor Sexual Battery

Our Orange County criminal defense lawyer explains misdemeanor sexual battery is the non-consensual touching of the intimate part of another for sexual arousal, sexual gratification, or sexual abuse.

Generally in misdemeanor sexual battery cases the “touching” occurred over the victim’s clothes.

In many misdemeanor sexual battery cases usually deal with the suspect brushing his/her hand in the breasts, front mid-section or buttocks area of the suspect.

They’ve been cases where somebody in a position of trust like a doctor or dentist has been accused of brushing up against a person’s “private parts.”

They’re other cases where the suspect is accused of making the touch seem accidental.

Even other cases of misdemeanor sexual battery have occurred during domestic violence situations where one person may begin touching or groping their significant other.

If Convicted of Misdemeanor Sexual Battery

Our Orange County assault and battery attorney stresses that even though this is a misdemeanor if convicted of misdemeanor sexual battery you still face very serious punishments such as, probation, community service, up to six months in a county jail, up to a $2,000 fine or $3,000 fine if the victim was your employee, and having to register as a sex offender per PC 290.

Felony Sexual Battery

Felony sexual battery is like misdemeanor sexual battery in that it is still non-consensual touching of the intimate part of another for sexual arousal, sexual gratification, or sexual abuse, but the main difference is what condition the victim was in when this crime occurred, according to our experienced Orange County criminal defense attorney.

Where as misdemeanor sexual battery the victim is awake and aware of what is going on felony sexual battery is when you, “touch” a person who was unconscious as to the nature of the act because he/she was fraudulently convinced that the touching was for professional purposes, or you “touched” somebody who was unlawfully restrained, or you took advantage of somebody who was institutionalized AND medically incapacitated or seriously disabled, or you forced somebody to touch themselves.

Also, if you simply touch the bare skin of another person’s “intimate parts” you will likely face felony sexual battery charges. As our Orange County sexual battery lawyer stresses one of the main differences between facing a misdemeanor and felony sexual battery charge is if you allegedly touched the other person’s bare skin that is charged as a felony, but if you touched the other person’s “intimate parts” over their clothes that is a misdemeanor.

It’s very important to note in addition to the above you could also face potential battery and criminal threat charges.

If Convicted of Felony Sexual Battery

If convicted of felony sexual assault you face between two to four years in a state prison, up to a $10,000 fine, probation and having to register as a sex offender per PC 290.

Your Defense

We understand this is a very serious charge you’re facing, but rest assure with our expert Orange County sexual battery lawyers by your side you have several defense options.

You Had Consent

If you had consent you cannot be guilty of this crime. They’ve been many cases where two people are out on a date and kissing happens, then slowly one things leads to another, however the alleged victim may not have wanted to go “that far” with the alleged suspect, BUT the alleged victim never told the other person not to “touch there,” and therefore the alleged suspect cannot be guilty of this crime.

False Allegations

Much like the situation described above the alleged victim the following day may regret “taking it that far” and may tell authorities the alleged suspect took advantage of the alleged victim without his/her consent.

Other times the alleged victim will outright lie to police about what happened, and often this is seen in cases of jealousy, revenge and anger, and in domestic violence situations.

Not Enough Evidence

In many of these types of cases it’s “he said, she said,” and if there is no evidence to back up these allegations against you it’s very difficult for not only a jury and judge the convict you, but for the DA to even bring charges against you. This is one of the reasons it’s very important to consult with a professional Orange County sexual battery defense attorney, because if we can show the DA there is no evidence to back up this allegation against you then you don’t have to worry about seeing a judge.

Call our Expert Orange County Sex Crimes Attorney Right Now!

This is a very charge against you’re facing that could not only send you to prison, but cause you to have to register as a sex offender for life, which could make your life very difficult, and this is why you must call our Orange County sex crimes lawyer specialists at the Law Office of Michael L. Guisti right now at 714-530-9690 so we can get you the best possible outcome and you can move on with your life.