If you have been charged with sexual assault, you are likely anxious about how these charges will resolve. Perhaps you are entirely innocent of the charges. The alleged victim may have made the accusations as a way to gain an advantage in a divorce or child custody case, or simply out of spite. You may be guilty of the charges, but there are extenuating circumstances.
Regardless of what triggered your sexual assault charges, you need an experienced Riverside sexual assault defense lawyer who will zealously work on your behalf for the best outcome possible. The lawyers at Greenberg, Greenberg & Kenyon are highly skilled in defending those charged with a sex crime. We will pursue every avenue with the goal of having your charges reduced or dismissed. If this is not possible, we will work to reduce your sentence to the extent possible.
Is Sexual Assault a Felony Crime in California?
Sexual assault is a serious offense that can be charged as a misdemeanor or a felony, depending on the circumstances. Even a misdemeanor sexual assault conviction can carry long-term consequences, including mandatory sex offender registration for a minimum of ten years—and possibly even for life. Sexual assault refers to any type of sexual contact that is non-consensual and carried out against another person’s will. When there is no consent, sexual contact is considered a crime. Other issues that make sexual contact a crime include:
- The victim cannot consent because they are intoxicated or unconscious.
- Consent is not possible because the victim has a disability that prevents them from consenting or resisting.
- There were false pretenses or fraud that convinced the victim to consent to the sex act, i.e., a perpetrator posed as a medical professional and initiated sex under false pretenses.
What Crimes Fall Under the Umbrella of Sexual Assault in California?
Any time a person’s “intimate parts” are touched without that person’s consent, sexual assault can be charged. This includes touching through clothing or forcing another person to touch themselves in an intimate manner. Sexual assault can fall into the following categories:
- Misdemeanor sexual battery (California PC 243.4) involves touching another person’s intimate parts without their consent for the purpose of sexual gratification. Groping the breasts of a female or touching someone’s buttocks without consent falls under misdemeanor sexual battery, which can result in up to a year in jail.
- Felony sexual battery (California PC 243.4) includes more severe or aggressive sexual touching, including restraining the victim, and sexual battery against a disabled person. A conviction for felony sexual battery can result in up to four years in prison.
- Aggravated sexual assault of a child (California PC 269) is a felony crime that includes the commission of a sexual act (sodomy, oral copulation, rape, or sexual penetration) against a child under 14 when the child is at least seven years younger than the accused. A conviction for this offense carries a sentence of 15 years to life in state prison.
- Rape (California Penal Code 261) involves sexual intercourse with penetration against the will of another person, or with an individual who is unable to consent. The sex involves force, threats, or fraud, and a conviction of rape can result in up to eight years in prison, depending on the circumstances.
Other related sex offenses include oral copulation by force or fear, statutory rape, indecent exposure, forcible sexual penetration with a foreign object, and child molestation,
What Are the Possible Consequences of a Sexual Assault-Related Crime?
In addition to jail and prison time, you may also suffer the following consequences following a sexual assault charge or conviction:
- Fines, as large as $10,000
- Misdemeanor probation
- Formal probation
- The loss of employment or difficulty obtaining employment
- An inability to live where you want to live
- Mandatory sex offender counseling
- Restitution to the accuser
- An inability to obtain a professional license, or the loss of a professional license
- Sex offender registration for ten years, 20 years, or for life
- An inability to own a firearm
- The inability to obtain a federal loan for college
How Can a Lawyer Help Me Plan My Sexual Assault Defense?
Having a skilled Riverside sexual assault defense lawyer from Greenberg, Greenberg & Kenyon on your side can make a significant difference in the outcome of your sexual assault charges. Your defense will depend on the facts and circumstances surrounding your charges. Some of the most common defenses to sexual assault include:
- Consent, or the willing, voluntary agreement of the alleged victim to engage in a sexual act—text messages, emails, and voice mails may be used to indicate consent, or there may have been witnesses to the incident who could testify that the victim willingly consented. Character witnesses may be able to testify to the alleged victim’s past behavior and credibility.
- No sexual touching occurred—Sexual assault must involve touching another’s body in an intimate manner against that person’s will and with a goal of sexual arousal or gratification. Perhaps an argument could be made that contact was accidental or had no relation to seeking sexual gratification.
- Actual innocence—You were falsely accused of sexual assault. Perhaps you were misidentified as the perpetrator, and you have a solid alibi. False allegations can also be the result of a bitter divorce or child custody case, and the person making the allegations is looking for an advantage. There are also cases when an ex is bitter and angry and makes allegations out of spite.
- There is insufficient evidence to prove the allegations—the prosecutor does not have enough evidence to support the allegations against you.
- Your constitutional rights were violated—Perhaps you were not properly Mirandized, or the police continued questioning you after you asked for an attorney. There may be police misconduct involved, or the evidence against you may have been illegally obtained.
Hiring an Experienced Riverside Sexual Assault Defense Lawyer Near Me
When you have been charged with sexual assault, the consequences of a conviction are severe and long-lasting. The sooner you have a Riverside sexual assault defense lawyer by your side, the better results you can expect. Time is a critical factor where sexual assault charges are concerned—you need an attorney who will quickly gather evidence and information. Once you hire a sexual assault lawyer from Greenberg, Greenberg & Kenyon, you gain an entire support network.
You deserve a person in your corner who will fight for your rights and for your future. It is extremely traumatic to face criminal charges on your own, plus the prosecutor in the case will have no compassion for your situation and is unlikely to even listen to your account of the incident.
How a Greenberg, Greenberg & Kenyon Riverside Sexual Assault Defense Lawyer Can Help
Having a Riverside sexual assault defense lawyer from Greenberg, Greenberg & Kenyon, the burden of your criminal charges will be taken from you. You now have a strong advocate with experience and knowledge who will work hard for the best possible outcome. As former district attorneys, our father-and-son team brings significant experience and skills to the table.
We understand how the prosecutor works and thinks, which gives us a significant advantage. We fully understand the long-term consequences of a sexual assault conviction and will fight aggressively on your behalf. At Greenberg, Greenberg & Kenyon, we put our experience to work for you with the most zealous defense possible. For a free consultation, contact Greenberg, Greenberg & Kenyon.
