Sexual assault is currently a major discussion point across Los Angeles and throughout California. Recently, news about sexual assault cases has been rising suddenly. More individuals are coming forward with accusations, and media coverage of cases like the USC sexual abuse scandal has intensified public attention on sex crimes.
A sexual assault accusation can be detrimental to the falsely accused. Society throws stones at alleged sexual offenders like a witch in a trial. This is because sexual assault cases are serious criminal cases under California Law. Punishments for sex crimes are not taken lightly by the criminal justice system.
Falsely accused individuals should not be subjected to society's judgmental gaze. Our Los Angeles sexual assault lawyer believes in our clients' rights, and we represent our clients' cases assertively. We stop at nothing until they receive the justice they deserve.
Contact our Los Angeles criminal defense law firm to schedule a free consultation with our Los Angeles sexual assault attorney.
Sexual harassment and sexual assault cases are now harder to fight in Los Angeles. Anyone accused must defend themselves in court and face aggressive prosecution. A wrongly accused person should contact sexual abuse attorneys right away. Skilled lawyers can find strong evidence, challenge forensic claims, and build a solid defense.
California law imposes severe penalties for sexual offenses, including sexual battery, statutory rape, and other serious crimes. Our Los Angeles sexual assault attorney has years of experience defending clients against wrongful accusations. At Hurwitz Law Group, we protect your rights and work to uncover the truth so you can protect your future.
The state of California has established several laws surrounding sexual assaults under the California Penal Code. These laws provide the definition and punishments for a sexual assault crime in the state. California sexual assault crime is a broad term used to define unconsented sexual acts and various forms of sexual misconduct.
This definition extends from unwanted touching to attempted rape and forcible sexual contact. Under California Penal Code Section 243.4, sexual assault crimes are defined as unwanted sexual contact. This means that the alleged victim claims they did not consent to the defendant performing sexual actions on their body.
Despite the broad definition of sexual assault under California sexual assault laws, criminal proceedings often focus on the question of consent and whether the prosecution can prove a lack of consent beyond a reasonable doubt.
Understanding the specific charges you face is critical when building your defense. California Penal Code § 243.4 defines several types of sexual battery:
Felony Sexual Battery Charges:
Unwelcome touching of an intimate part of an individual when the person is restrained, disabled, medically incapacitated, or unconscious is felony sexual battery under Penal Code §243.4.
Fraudulently representing unwelcome sexual contact with a medically incapacitated person as a medical procedure. This is another form of felony sexual battery.
Coercing or forcing another individual to perform a sexual act or make sexual contact with either party or a third party is felony sexual battery under California Law.
Misdemeanor Sexual Battery:
Any unwelcome intimate touching of another person for sexual abuse, sexual arousal, or sexual gratification can be charged as misdemeanor sexual battery.
Anyone who commits an act of sexual battery against a minor after receiving a prior felony conviction will receive another felony conviction for the sexual battery of a minor.
An accused person may face more than one type of sexual assault charge. Depending on the sexual nature of the alleged crime, prosecutors can charge the defendant with multiple sexual offenses simultaneously. Indicated below are some of the different types of sex crimes as defined by California Law:
Penal Code §288 criminalizes sexual abuse against children. This code states that an individual who allegedly sexually assaulted a minor three or more times in less than three months is charged with serious sexual crimes. These cases often involve complex evidence collection and require aggressive defense strategies.
Penal Code §261 prohibits unconsented sexual actions or rape. Those accused of sexually assaulting someone without their consent face charges as a sexual offender under this statute. This includes allegations involving victims who were under the influence of alcohol or physically unable to consent. Rape charges are among the most serious criminal charges in California.
Penal Code §261.5 addresses statutory rape cases where sexual contact occurs with a minor, regardless of consent. Even when both parties claim the contact was consensual, criminal charges can still be filed if one party is under the legal age of consent.
These Penal Code sections address forced oral copulation and sexual penetration with a foreign object. Criminal defense in these cases often involves challenging the prosecution's evidence and the credibility of witnesses.
As mentioned, this code states that unconsented touching of another person's intimate parts is classified as sexual battery or assault. Groping and unwanted touching allegations fall under this statute. Defense attorneys must carefully examine whether the touching occurred, whether it was intentional, and whether it meets the Penal Code definition.
Accusations of sexual assault bring serious emotional distress and social stigma to the accused individual. Beyond the court proceedings, those facing sexual assault charges experience damage to their reputation, employment, and personal relationships.
A wrongfully indicted individual will suffer severe monetary damages and life-altering consequences. In addition, they face criminal prosecution and the possibility of imprisonment if the court finds them guilty.
Individuals who have been improperly accused must seek the help of a seasoned criminal defense lawyer immediately to protect their rights and build a strong defense.
Depending on the nature of the criminal charge, the penalties for sexual offenses can be extremely severe under California Law. You must consult with your Los Angeles sexual assault attorney for any penalties that you may potentially face based on the specific criminal charges.
Though most sexual assault cases are classified as felonies, some crimes can be charged as misdemeanors. If a criminal case is identified as a misdemeanor, the accused may face the following consequences:
Jail Time: Most misdemeanor cases carry a jail term of 6 months to 1 year. A convicted person will serve their sentence in a county jail.
Fines: Most misdemeanor cases may impose fines of up to $3,000 on those convicted under California Law.
Probation and Programs: A sexual offender may be required to complete mandatory community service during their probation period. In addition to community service, the convicted person may be required to attend rehabilitation and educational programs.
Sex Offender Registration: In California, all sexual offenders need to register their information in the state government's database. For most misdemeanor cases, the person will be tagged as a sexual offender for ten years or more, which can impact employment, housing, and daily life.
If the court ruled that the criminal case was a felony, a defendant would face severe consequences under the California Penal Code.
State Prison Time: A guilty defendant may face up to 4 years in a California state prison. They might be required to render an additional three to five years if allegations of personal injury are proven. The imprisonment period varies depending on the criminal case and the specific Penal Code section violated.
Substantial Fines: The convicted person may be required to pay up to $10,000 in fines for their sexual offense under California Law.
Lifetime Sex Offender Registration: As mentioned, all convicted sexual offenders will have to register their names. For felony charges, an individual faces lifetime registration according to California Law. California Senate Bill 384 governs offender registration and establishes a tier system.
Depending on the decision of the court and the nature of the criminal charges, a defendant may be classified as one of the following tiers:
Tier 1: Tier 1 is for offenders who committed minor sex offenses. They are required by California Law to register their name for at least 10 years.
Tier 2: Tier 2 is reserved for sexual offenders whose crimes fall between minor offenses and significant offenses. Tier 2-classified offenders are required to register their names for at least 20 years.
Tier 3: The third tier is dedicated to individuals who committed the most heinous sexual offense. Those convicted under this tier are required to register their names for a lifetime.
Sexual assault attorneys are experienced professionals who are knowledgeable of the existing sexual assault laws in California and the California Penal Code. There are many defense attorneys out there, but what you need is someone renowned in criminal defense law.
Our Los Angeles, CA office has been able to help many residents who were falsely accused of sex crimes. At Hurwitz Law Group, our highly skilled criminal defense attorney has devised several defense strategies that have helped our clients avoid wrongful convictions and protect their freedom.
In many sexual assault cases, the prosecution relies heavily on forensic evidence. Our defense attorneys carefully examine:
DNA Analysis: We challenge the collection, handling, and testing of DNA evidence. Contamination, mishandling, or improper collection of evidence can render DNA evidence unreliable.
Forensic Fingerprint Analysis: We scrutinize fingerprint evidence and challenge its relevance to the alleged sexual offense.
Forensic Toxicology: In cases involving allegations of drugging or intoxication, we examine toxicology reports for accuracy and proper testing procedures.
Sexual Assault Forensic Exam: We review medical records and challenge the conclusions drawn from forensic medical examinations.
Medical Records: We obtain and analyze all relevant medical records that may support your defense or contradict the prosecution's theory.
Consent: In many cases, our defense focuses on proving that the sexual contact was consensual. We present evidence, witness testimony, and communications that demonstrate consent.
False Accusations: Unfortunately, false accusations of sexual assault do occur. We investigate motives for false reporting, including custody disputes (especially in domestic violence cases), revenge, or financial gain.
Mistaken Identity: In some criminal cases, the wrong person is accused. We challenge identification procedures and present alibi evidence.
Insufficient Evidence: The prosecution must prove guilt beyond a reasonable doubt. We highlight gaps in the evidence and weaknesses in the prosecution's case.
Constitutional Violations: We examine whether law enforcement violated your constitutional rights during investigation, arrest, or interrogation. Violations can lead to suppression of evidence or dismissal of criminal charges.
It's important to understand that sexual assault allegations can result in both criminal proceedings and civil litigation. While our law firm focuses on criminal defense, you should be aware of both systems:
Criminal Case: Prosecuted by the district attorney. If convicted, you face jail time, fines, and sex offender registration under the Penal Code.
Civil Case: A separate lawsuit where the accuser seeks monetary damages. Civil cases have a lower burden of proof than criminal cases.
Even if you are acquitted in criminal court, you may still face a civil lawsuit. Our criminal defense attorneys focus on protecting you from criminal charges and the severe penalties under California Law.
False accusations of sexual assault offenses and other sex crimes cause immense emotional distress to the affected individual. Our law firm understands the situation that you are going through. We will fight aggressively to defend our client's rights and protect their future.
Our proven success in criminal defense demonstrates that we uphold our clients' best interests. Our legal team values our attorney-client relationship and ensures that we only offer the best quality of legal representation and legal advice throughout your criminal case.
Immediate Action: We begin building your defense from day one, preserving evidence and interviewing witnesses before memories fade.
Thorough Investigation: Our team conducts independent investigations, examines all evidence, and challenges the prosecution's case at every turn.
Experienced Negotiation: When appropriate, we negotiate with prosecutors to reduce charges, seek alternative sentencing, or pursue dismissal of criminal charges.
Aggressive Trial Advocacy: If your criminal case goes to trial, our experienced criminal defense attorney will fight vigorously to protect your rights and freedom.
Understanding California Law: Our deep knowledge of the California Penal Code, California sexual assault laws, and California Law gives us the edge in defending sex crimes cases.
In addition to sexual assault charges, our criminal defense law firm handles related criminal charges, including:
Contact a criminal defense attorney immediately. Do not speak to police or investigators without legal representation present to protect your rights.
Yes, charges can be dropped if the evidence is insufficient, witnesses recant, or procedural errors occurred. An experienced attorney can negotiate with prosecutors.
Sexual battery involves unlawful touching for sexual gratification. Sexual assault typically involves more serious acts like rape or forced sexual penetration under California law.
Cases typically take 6-18 months, depending on complexity, evidence, witness availability, and whether the case goes to trial or reaches a plea agreement.
Most sexual assault convictions require sex offender registration under California Penal Code 290. Registration duration varies based on the specific offense and conviction tier.
Yes, if consent was withdrawn at any point or the accuser was unable to consent due to intoxication, mental incapacity, or being a minor.
You must act fast if you are falsely accused of a sexual offense you did not commit.
The criminal justice system moves quickly, and early legal representation from experienced defense attorneys can make the difference between conviction and acquittal. Don't face these serious criminal charges alone.
At Hurwitz Law Group, we provide the aggressive legal representation you need when facing sex crimes accusations in Los Angeles and throughout California. Our criminal defense attorney understands California sexual assault laws, the California Penal Code, and how to build winning defense strategies.
Contact our law firm today to discuss your criminal case and learn how we can protect your rights, your freedom, and your future.
Brian Hurwitz Has 10+ Years of Criminal Defense Experience
Affordable Fees and Payment Plans
We Offer No-Cost, Confidential Phone Consultations
