If you have been accused of sexual assault, more than your reputation is on the line. You are facing years in state prison as well as other significant penalties. You should not face criminal charges such as these alone. An experienced Nevada County sexual assault lawyer can help you develop a strong defense and protect your rights throughout the legal process.
Nevada County sexual assault attorney Chris Walsh knows how to build defenses that win cases. Call Walsh Law today at (530) 499-0645 or contact us online via our contact form to schedule a case consultation with a Nevada County sexual abuse attorney.
Under California Penal Code Section 243.4 PC, sexual assault and battery is the non-consensual touching of another person’s intimate body parts for sexual arousal, gratification, or abuse. This crime is a “wobbler” and may be charged as either a misdemeanor or a felony depending on the facts of the case.
You may have heard sexual assault and rape used for the same criminal charges in some states. However, in California these crimes are different. Rape must involve sexual intercourse or penetration. Sexual assault does not. However, it is possible to be charged with both offenses in one case.
Nevada County prosecutors must prove all elements of sexual assault to achieve a conviction. There are three essential elements, including:
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.
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.
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.
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:
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.
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.
As a sex crime, you will face many collateral consequences if you are convicted of sexual assault, including, but not limited to:
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:
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 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.
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.
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.
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.
Call (530) 499-0645 or use our online contact form to schedule a confidential consultation of your case.