San Bernardino Sexual Battery Attorney

Defending Californians who have been accused of sexual assault or sexual battery in San Bernardino.

Penal Code 243.4 is California’s sexual battery law that makes it a crime to touch an intimate part of another person’s body for the purpose of sexual gratification. Sexual battery can be charged as a misdemeanor or felony in San Bernardino, and both convictions may carry jail time, substantial fines and registering as a sex offender. This can be damaging to your personal and professional life, which is why you need the best legal representation from the start.

The Law Offices of David S. Chesley work with individuals who have been charged with sexual assault or sexual battery in San Bernardino. For a consultation, please contact one of our experienced, affordable sexual assault lawyers in San Bernardino today.

What is Considered Sexual Battery?

Sexual battery, or sexual assault, happens when a person touches another person’s intimate parts for the purpose of sexual gratification, arousal or abuse. An example of misdemeanor sexual battery is intentionally groping a woman’s chest without her permission. An example of felony sexual battery is holding someone down and touching their intimate parts.

To be found guilty of sexual assault, the prosecutor must prove that you did the following:

• Touched the intimate part (e.g., breast, anus, groin, buttocks, sexual organ) of another person
• Touched the person against their will
• Touched the person for the purpose of sexual gratification, sexual arousal or sexual abuse

You do not have to engage in penetration or sexual intercourse to be charged with sexual battery. You can be convicted of sexual battery if the prosecutor can prove that you are guilty of the above three actions. It’s also important to point out that you can be convicted of sexual battery if you are involved in a relationship with the victim. This sometimes happens between cohabiting individuals.

Also, the touching that occurs with sexual battery does not have to be bare skin to bare skin. Sexual battery occurs when you make contact with the bare skin of the victim directly or through their clothing.

What are the Punishments for Sexual Battery in San Bernardino?

If you are convicted of misdemeanor sexual battery, you could face up to six months in county jail, a fine of up to $2,000 (or $3,000 if the victim was your employee). You may also receive informal probation for five years, which includes community service, completion of a batterer’s program and/or a program to help with sexual abuse issues. However, for some individuals, the hardest part of a sexual assault conviction is being registered as a tier one sex offender for at least ten years.

If you are convicted of felony sexual battery, the penalties are stiffer. Felony charges generally arise when accentuating factors were used, such as unlawfully restraining the victim. You could face up to two, three or four years in a state prison and potentially have to serve additional years if bodily harm was done to the victim. You can also expect to pay a substantial fine, up to $10,000, and have to register as a tier three sex offender for life.

Legal Defenses for Sexual Battery in San Bernardino

If someone is accusing you of sexual assault, this does not mean that it’s true or that their claims are valid. Fortunately, there are a variety of legal defenses that you can use to fight your case. Our San Bernardino sexual assault attorneys will review your case and determine which angle to come from, depending on the circumstances. Here are some of the most common legal defenses that may be able to help your case:

• The person consented. If the person consented to the touching, you are not guilty of Penal Code 243.4. Also, if you had a reasonable belief that the touching was consensual, you also are not guilty of PC 243.4. It can be difficult to convince the jury of this, but our expert criminal defense lawyers in San Bernardino are very good at finding holes in the accuser’s stories.
• Lack of evidence. In many cases, there simply isn’t enough evidence to find a person guilty of sexual battery. The prosecution needs to show, beyond a reasonable doubt, that sexual assault did occur. If they cannot, our lawyers may be able to reduce your charges or get them dismissed completely.
• False allegations. Sometimes, the allegations are completely false. Perhaps the person mistook you for someone else and you are innocent. Or, maybe the accuser is doing this intentionally out of spite or revenge. False allegations happen all of the time in sexual assault cases, and this means the prosecution won’t have any solid evidence to rely on.

Related Offenses in San Bernardino

California’s sexual assault law is also closely related to other offenses, such as Penal Code 261 (California’s rape law) and Penal Code 242 (California’s battery law). PC 261 makes it a crime to have non-consensual intercourse with another person by means of force, fear or fraud. This is what separates this crime from sexual battery. Rape is a punishable offense that carries eight years in prison, a “strike” under California’s Three Strikes Law and registering as a sex offender.

PC 242 refers to any unwanted touching of another person’s body, sexual or non-sexual. For example, if you take another person’s hand and place it on an intimate part on your body, you could be charged with both sexual assault and battery. This crime is a misdemeanor and may include a penalty of six months in jail and a $2,000 fine.

Schedule a Consultation Today

If you have been charged with sexual battery, it’s important to work with the best San Bernardino sexual assault lawyers. These cases are very serious and can lead to stiff penalties, including time spent in jail, substantial fines and having to register as a sex offender. To protect your future, schedule a consultation with The Law Offices of David S. Chesley today.