Sexual Assault in Southern California

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California's sexual assault, or sexual battery, laws prohibit unwanted touching of another individual's intimate parts, such as the victim's sexual organ, anus, buttocks, groin, or breast. When sexual assault results in nonconsensual intercourse with the victim, the illegal act is considered rape. These sex crimes are often pursued aggressively by the prosecution and the courts, while allegations alone can have a negative impact on the defendant's personal and professional life.

At Wilfert Law, PC, we are ready to offer legal guidance to effectively protect your rights against prosecution. As a former prosecutor and former police officer, our Ventura criminal defense attorney has a thorough understanding of state legal procedures and criminal investigations, giving you an advantage in the courtroom.

Sexual Assault Laws & Penalties

In order to prove a sexual battery case, the prosecution must demonstrate the following elements:

• The defendant touched (directly or through clothing) the victim's intimate parts while the victim was restrained by the defendant or another individual.
• The victim did not express consent to the touching.
• The defendant had the intention to engage in the unconsented touching for the purpose of sexual arousal, sexual gratification, or sexual abuse.

Sexual assault or sexual battery is considered a misdemeanor or a felony, depending on the circumstances of the case. A misdemeanor conviction is punishable by a jail sentence of up to six months and a maximum fine of $2,000. If the defendant was the victim's employer, however, the fine can increase to $3,000.

A felony conviction can result in a maximum jail sentence of one year and a fine of up to $2,000. However, it can also result in a prison sentence of two, three, or four years and a fine of up to $10,000.

When it comes to rape, it is punishable by a prison sentence of three, six, or eight years. The sentence could increase if the victim is over 14 years old, the victim is under 14 years old, or the defendant acted in concert with another individual to rape the victim.

Our Ventura Criminal Defense Attorney is Ready to Start Your Case

If you were recently arrested and charged with sexual assault, not only do you potentially face significant time in jail or prison and expensive fines, but also registration as a sex offender for the rest of your life. With more than a decade of experience, our Ventura criminal lawyer has handled hundreds of cases successfully. Do not risk going to court without experienced and skilled legal representation on your side.