Nevada County Sexual Assault Lawyer

What Is the Touching of an Intimate Body Part?

The touching of an intimate body part may take place either directly (skin to skin) or through clothing. If there is contact with the bare skin of the alleged victim, you will likely be charged with a felony. If there was clothing, blankets, or other items between you and the alleged victim, you may be charged with a misdemeanor unless there are other aggravating factors.

It’s also worth noting that an “intimate body part” is considered the breasts of a female or the anus, groin, sexual organs, or buttocks of any person.

Lack of Consent

Sexual assault is non-consensual. That means that the alleged victim did not act freely or voluntarily, or they did not know the nature of the act to which they were consenting.

In California, a person cannot consent if they are misled about the act to which they are consenting. For example, if a school nurse tells a student they are performing an exam that is actually for sexual gratification, then the nurse has committed sexual assault.

For the Purpose of Sexual Arousal, Gratification, or Abuse

Sexual assault is committed for the purpose of sexual arousal, gratification, or abuse. That means that you intended sexual pleasure for yourself through the acts or that you intended to injure, hurt, humiliate, intimidate, or cause pain to the alleged victim’s body parts.

Charges Related to Sexual Assault

Prosecutors in Nevada County often load on sex crime charges, which can increase the penalties you’re facing. Some other charges that you may face at the same time as sexual assault include:

• Rape (California Penal Code Section 261 PC) – This felony is non-consensual sexual penetration or sexual intercourse by means of threats, force, or fraud.
• Battery (California Penal Code Section 242 PC) – This wobbler offense can be charged as either a misdemeanor or a felony. It involves any willful and unlawful use of force or violence upon another person (whether sexual or not).

Penalties for Sexual Assault in Nevada County

Sexual assault and battery is a “wobbler” in California. Wobbler offenses may be charged by the prosecutor as either misdemeanors or felonies depending on the facts of the case. Sexual assault is almost always charged as a felony; however, with skillful negotiation, your Nevada County sexual assault lawyer can help you get the lowest charges possible through a potential plea deal.

If sexual assault is charged as a misdemeanor, you can face up to six months in county jail and a fine of up to $2,000. If you were the employer of the alleged victim, then your fine may be as high as $3,000. You may also receive up to five years of informal (summary) probation for misdemeanor sexual assault and battery. If there are aggravating factors, you may receive up to one year in jail.

If you are convicted of felony sexual assault in Nevada County, you could face up to four years in state prison. That sentence could increase if the alleged victim suffered serious bodily injury. You may also be required to pay a fine of up to $10,000.

Sex Offender Registration

You may have to register as a sex offender if you are convicted of sexual assault in Nevada County, CA. In fact, for a felony conviction, you may have to register as a Tier 3 sex offender for life.

Collateral Consequences of a Sexual Assault Conviction

As a sex crime, you will face many collateral consequences if you are convicted of sexual assault, including, but not limited to:

• Suspension or loss of professional licenses
• Community service
• Difficulty finding safe housing
• Obstacles to obtaining higher education and financial aid
• Citizenship or immigration issues
• Loss of civil rights (gun ownership, voting, etc.)
• Child custody and visitation restrictions

Defenses Against Sexual Assault Charges

You may feel overwhelmed if you have been arrested for or charged with sexual assault. However, you have a right to defend yourself. With the help of an experienced Nevada County sexual assault defense lawyer, you can build a strong case.

Walsh Law may use defenses like these to help you:

Consent

You may prove that you had consent or a reasonable belief that the alleged victim consented to the touching. Consent may be shown through texts, eyewitness accounts, voicemails, emails, past actions, social media, and other circumstantial evidence.

False Accusation

False accusations can ruin your life. However, they are not uncommon. Your Nevada County sexual assault attorney can help you prove your innocence by poking holes in the prosecution’s case and undermining the accuser’s credibility.

Nevada County Sexual Assault Charge FAQs

What is the difference between sexual assault and battery?

Sexual assault is a sex crime involving intimate touching without consent. Battery may involve sexual touching, but it is generally any type of touching without consent. A person can simply push another person on the shoulder and get charged with battery.

What should I do if I’m charged with sexual assault?

If you are being investigated for or charged with sexual assault, do not speak to the police without an attorney present. You have a right to remain silent and a right to an attorney. Exercise those rights. Contact a Nevada County sexual assault lawyer as soon as possible.

Do I have to register as a sex offender if I’m convicted of sexual assault?

You may have to register as a sex offender if you are convicted of sexual assault. In fact, felony sexual assault convictions may even result in lifetime sex offender registration.

The criminal penalties and collateral consequences of a sexual assault conviction will forever ruin your life. Don’t take this road alone. Reach out to Walsh Law for experienced sex crime legal guidance. We know how the prosecution develops cases because we used to work for the other side. Now we dedicate our skills to helping those who have been accused.