Los Angeles Sexual Assault Attorney
Anyone facing sexual assault charges should understand the penalties for a conviction, and the right Los Angeles sexual assault attorney can help reduce charges or prove a wrongful arrest. Sexual assault is a serious crime involving the unwelcome touching of another person in a sexual manner or for the purposes of sexual gratification. Hurwitz Law Group in Los Angeles wants residents of the area to understand the laws surrounding sexual assault and how to overcome an unjust or wrongful sexual assault charge.
Defining Sexual Assault in California
California Penal Code Section 243.4 contains the definitions of several types of sexual assault and outlines the typical punishments for convictions:
- Unwelcome touching of an intimate part of an individual who is restrained, disabled, medically incapacitated, or unconscious is felony sexual battery and could result in up to one year in county jail and up to $2,000 in fines or up to four years in state prison and up to $10,000 in fines. California defines such offenses as “sexual battery.”
- Fraudulently representing unwelcome sexual contact with a medically incapacitated person as a medical procedure is another type 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 and incurs the same penalties: up to one year in county jail and up to $2,000 in fines or up to four years in state prison and up to $10,000 in fines.
- Any unwelcome intimate touching of another person for the purposes of sexual abuse, sexual arousal, or sexual gratification is misdemeanor sexual battery, punishable by up to six months in county jail or up to $2,000 in fines, or both. Penalties increase in situations involving employers and employees, up to $3,000 in fines or up to six months in prison, or both. Up to $2,000 of such fines will go to the Department of Fair Employment and Housing to support the enforcement of the California Fair Employment and Housing Act.
- 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, resulting in up to four years in state prison and up to $10,000 in fines.
It’s crucial for anyone facing sexual assault charges to remember California’s three strikes rule. Three felony convictions typically lead to life imprisonment, so proper legal representation is essential when facing these charges. The most common defense against a charge of any type of sexual assault is consent, or proving the sexual content was not against the victim’s will. Consent is a difficult subject in sexual assault cases and often involves reviewing the defendant’s past relationship with the victim and the circumstances surrounding the event.
Consent is not a viable defense for a defendant accused of committing any type of sexual assault against a minor or a medically incapacitated person. The law does not consider such individuals capable of providing informed consent to sexual activity.
Finding the Right Attorney
A person facing wrongful sexual assault charges in Los Angeles needs a reliable criminal defense attorney to reach an acceptable result. The Hurwitz Law Group in Los Angeles has a reputation for providing comprehensive, individualized legal representation in a variety of criminal defense scenarios. Our team knows how to find the evidence necessary for beating unjust sexual assault charges, saving our clients from imprisonment and hefty fines.
Contact Hurwitz Law Group today for more information about the sexual assault laws in California or to schedule a consultation with one of our attorneys. Our firm’s high success rate is due to our team’s unwavering commitment to protecting our clients’ rights, so reach out today to see how we can help you.