Fresno Sexual Assault and Battery Lawyer

Fresno sex crimes attorney Michael McKneely knows that sexual battery is a crime for which people are often falsely accused. Charges may arise from consensual relationships or situations that are blown out of proportion. Contact Michael McKneely, Criminal Defense Lawyer today at (559) 443-7442 for a free consultation. Mike McKneely will fight for your rights and if possible, get your charges reduced or dismissed.

The penalties for sexual battery are severe. A conviction of sexual battery (or sometimes called sexual assault) can land you in prison and force you to register as a sex offender for life. Sex offender registration affects everything from where you are allowed to live to employment opportunities. To protect your freedom and your reputation, it is essential to hire a skilled criminal defense attorney to fight for your interests.

What is Sexual Battery?

California Penal Code section 243.4 defines sexual battery as the non-consensual touching of an intimate part of another’s body for the purposes of sexual arousal, gratification, or abuse. The law is quite explicit and identifies the intimate parts of the body as “the sexual organ, anus, groin, or buttocks of any person, and the breast of a female.” (Pen. Code § 243.4(g)(1)

Many types of sexual battery are so-called wobblers, meaning that they can be filed as misdemeanors or felonies at the prosecutor’s discretion. Basic sexual battery, however, is a misdemeanor but the following aggravating circumstances make a felony charge possible:

• The victim was unaware of the inappropriateness of the touching because they were tricked into believing intimate touching served a professional service, such as for a therapeutic massage, medical examination, or even for a photo shoot
• The victim was institutionalized, mentally incapacitated, or seriously disabled at the time of the battery
• The victim was unlawfully restrained in some way
• The victim was forced to masturbate themselves, the perpetrator, or another person

For example, a felony sexual battery charge could be made against a counselor who convinced a patient that they needed to touch the patient’s breasts, and then did so for the purpose of sexual gratification. A misdemeanor could be charged against a man who grabbed a waitress’s buttocks against her will as she passed by his table.

Harsh Sentences and Sex Offender Registration

As with any sex crime, sexual battery carries harsh penalties and is taken very seriously by prosecutors and judges. The severity of the punishment depends on the presence of aggravating factors. The penalties for sexual battery include:

• Sexual Battery (Misdemeanor) – Up to 1 year in county jail, a fine of up to $2,000 ($3,000 if the victim was your employee), and lifetime registration as a sex offender. Collateral consequences include a ten-year ban on possession of a gun and potential disqualification for certain government assistance programs like disability or unemployment.
• Sexual Battery (Felony) – Up to 4 years in state prison, a fine of up to $10,000, and lifetime registration as a sex offender. Additional collateral consequences include a ten year ban on possession of a gun and potential disqualification for certain government assistance programs like disability or unemployment.

Need an Experienced Criminal Defense Lawyer in Fresno?

To get a conviction in a sexual battery case at trial, one of the elements the prosecution has to prove beyond a reasonable doubt is that the perpetrator intended to touch the victim for a sexual purpose. Given this requirement, one effective defense is proving that you did not have sexual intent. You may have reasonably believed that you were touching the victim playfully or that the type of touching was socially normal. If the sexual intent is not present, the act is not a sexual battery.

Another potential defense is the victim’s consent. Since sexual battery involves touching against the victim’s will, establishing at trial that both parties participated willingly can lead to a complete victory.

If you’ve been charged with a sex crime involving sexual assault or sexual battery in Fresno, CA call Fresno criminal defense attorney Michael McKneely today for a free and confidential at (559) 443-7442