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What is Sexual Battery?

Posted by Dan Kann | Dec 01, 2014 | 0 Comments

April 24, 2014

Sexual battery, commonly known as sexual assault, is defined as any unwanted touching of an intimate part of another person for sexual arousal, abuse, or gratification. It is a serious crime that can result in misdemeanor or felony charges depending on the circumstances of the alleged assault.

Felony penalties are typically reserved for severe cases of battery. An individual could face felony charges in Ventura if the prosecution believes the defendant:

  • Convinced the victim that the touching was necessary.
  • Unlawfully restrained the victim.
  • Exploited a victim who was institutionalized, disabled, or medically incapacitated.
  • Forced the alleged victim to touch his or her intimate parts under any of the above circumstances.

A defendant could face misdemeanor charges in Ventura if he has been accused of fondling a female's breasts without permission or fondling someone's buttocks without consent. These charges can increase to felony sexual assault in cases where intimidation, weapons, or force are involved.

It is important to fight these types of allegations because a conviction can have an immediate impact on your career and reputation. Furthermore, a conviction can result in other severe penalties. Misdemeanor sexual battery is punishable by a jail sentence of either six months or one year as well as a fine of up to $2,000. Felony sexual battery is punishable by up to four years in prison and a fine of $10,000.

One of the most common defenses for sexual battery is proving that there was consent. If the alleged victim consented to the act, it is not battery. In other cases, the defense may claim that there is insufficient evidence or that the allegations are false and that the incident never took place.

All possible defenses should be considered before making any decisions relating to the case. If you are under investigation or have been arrested for sexual battery, it is important that you seek immediate legal guidance from an experienced Ventura criminal defense attorney. Your reputation can take a hit before you even step into a courtroom. You will need to act quickly to protect your rights and reputation.

About the Author

Dan Kann

Daniel E. Kann has devoted his entire legal career exclusively to defending individuals facing criminal prosecution in Southern California. Dan fights criminal cases throughout Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties.

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Kann California Defense Group

Daniel E. Kann has devoted his entire legal career exclusively to defending individuals facing criminal prosecution in Southern California. Dan fights criminal cases throughout Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties.

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