The Law Offices of David A. Welch

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Sexual Assault AKA Sexual Battery

Section 243.4(a) of the California Penal Code defines Sexual Battery as a person who against the will of another, touches any intimate region of the victim's body while he or she is restrained either by the accused or an accomplice and the touching served the purpose of the sexual arousal, gratification of the accused amounts to sexual battery in the State of California.

Additional elements constituting a Sexual Battery include PC243.4(b) where the victim of the battery is institutionalized for medical treatment and is seriously disabled or medically incapacitated. PC243.4(c) where the victim of the Battery is at the time unconscious as to the nature of the act due to the perpetrator fraudulently represented that the touching served a professional purpose. PC243.4(d) where the victim of the battery is seriously disabled or medically incapacitated, caused to masturbate or touch an intimate part of the perpetrator or a third party, or him/herself masturbated or touched by the perpetrator. As the level of touching escalates or the mental state or condition of the victim declines, the exposure to additional custody expands.

Being arrested and accused of a Sexual Battery has devastated the lives of thousands of individuals. Not only are the allegations devastating to the accused but also to the family of the accused. The mere accusation of Sexual Battery may cause the onset of a dissolution of marriage process to be filed by your spouse and you will likely be challenged for the custody of your children if you have any. I have seen many cases where an individual has lost his job over being charges with Sexual Assault. However, all of this is just the beginning. If you are convicted of Sexual Battery, you will be required to participate in lifetime registration as a sex offender.

What the future may hold for you if convicted of a Sexual Battery.

In the most basic element of a Sexual Battery, an attorney may be successful at limiting any exposure to probation or no more than one year of county jail, thus avoiding state prison all together. However, if an individual is charged and ultimately tried and convicted on felony charges, he may be subjected to state prison for a period of two, three or even four years. This is for each charge. Should a judge choose to run the charges consecutively rather than concurrently, a prison sentence could increase dramatically.

The defense to any sexual assault is certain. Was the touching unwanted or against the will of the recipient? Does the alleged victim have any history of accusing individuals of sex crimes? What is the psychological state of the alleged victim? Have you previously touched the alleged victim on his or her private region where no allegations of battery were made. These are just a few of the considerations when establishing your defense.

My staff and myself have extensive experience in dealing with many different sex crimes including Sexual Battery. We have experience across Los Angeles and Southern California in working through the court system, District Attorney negotiations and when absolutely required, PC 290 Registration. Please feel free to contact me for a more extensive review of the specific elements surrounding your case.

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