Misdemeanor sexual battery is a serious offense that can result in significant legal consequences for the accused. If convicted, a person may face fines, probation, community service, and even jail time. Additionally, a conviction for misdemeanor sexual battery can have long-lasting consequences, including difficulty finding employment and housing, and damage to personal relationships.

What is Misdemeanor Sexual Battery?

Misdemeanor sexual battery is a crime that can be alleged by anyone who feels they have been intimately touched against their will for the sexual arousal or gratification of another. As opposed to felony sexual battery, misdemeanor sexual battery does not involve restraining the victim or forcing them to touch your intimate parts or the parts of another.

Misdemeanor Sexual Battery in California

A conviction for misdemeanor sexual battery under California Penal Code 243.4 PC may stand if the prosecution successfully proves three elements:

1. that you touched the intimate part of another person

2. touching was for sexual purposes or arousal

3. acts committed against the person’s will or were fraudulently obtained.

According to law, an “intimate part of another person” includes a female’s breast, or the groin, anus, sexual organ, or buttocks of any person.

What Constitutes Misdemeanor Sexual Battery in California?

In California, unwanted sexual touching of another person’s intimate parts is sexual battery. This is true even if the people are in a relationship. Innocent individuals may face charges for misdemeanor sexual battery. However, a strong legal defense can make a difference in your case.

Penalties for Misdemeanor Sexual Battery Charges

If you are convicted of California misdemeanor sexual battery, you will face penalties that may include a fine and time in jail. The maximum fine for misdemeanor sexual battery is $3,000, and probation may last up to five years.

Defendants can be sentenced to a maximum of 6 months to one year in county jail. Additionally, a conviction may require registration as a lifelong sex offender.

Circumstances For Potentially Increased Chargers

California law also holds that if the sexual battery charges involve a medically incapacitated or handicapped person, the prosecution may increase the charges. As a felony, defendants can face up to four years in California State Prison and if convicted, may be forced to pay a maximum fine of $10,000.

How Long Does a Misdemeanor Sexual Battery Charge Stay on Your Record in California?

Misdemeanor convictions, generally, stay on your criminal record permanently. No time limit exists that will automatically remove the misdemeanor from your record. However, this doesn’t mean that it’s impossible to get a misdemeanor conviction off your record.

In many cases, you can petition for a dismissal to remove the offense from your record. This process, sometimes referred to as an “expungement,” or obtaining a governor’s pardon, are the only ways to remedy a misdemeanor conviction. Without taking these steps, the misdemeanor conviction will remain on your record for life.

Misdemeanor Domestic Battery California Where No Charges Are Filed

In cases of misdemeanor domestic battery where no charges are filed, it is still possible for the alleged victim to seek a restraining order against the accused. This can have serious consequences for the accused, including loss of custody or visitation rights in those circumstances. It can even result in criminal charges if the restraining order is violated.

Prepare and Set Forth a Strong Legal Defense to Misdemeanor Sexual Battery Charges

Conviction of a sex offense includes penalties other than jail or prison, such as treatment as a condition of probation, and registration as a sex offender. However, there are certain legal defenses that may apply in your sexual battery case, such as the following:

• Proving consent. This may be appropriate in certain circumstances and requires a showing that the defendant held a reasonable belief the touching was consensual.

• Insufficient evidence. If there simply is not enough evidence to convict the defendant of sexual battery, the prosecution may not have a strong case. Often there are no witnesses and without visible signs of physical injury, the prosecution may not be able to pursue a conviction. Legally, they must prove beyond a reasonable doubt that a sexual battery occurred.

• False allegations. This may apply if the victim fabricated the crime. They may have provided false testimony and in fact have consented to the activity. Or, in some cases victims may seek attention or revenge against the defendant.

Get Expert Legal Defense from a Riverside Criminal Attorney

If you or a loved one is facing charges for Penal Code 243.4 PC sexual battery or another sex offense like sexual assault and want to learn more about how a lawyer can help your case, contact the Law Office of Gregory H. Comings, APC.

Protecting your future by asserting your legal rights is critical. Riverside defense attorney Gregory Comings handles a wide range of cases, from violent crimes to drug offenses, and crafts a unique legal defense based on the particular facts of your case.

Working toward reduced criminal charges and if possible, no jail time, our goal is to prepare a strong, effective legal defense for people throughout Riverside, CA and nearby communities.

To learn more about the specifics of your case, call our office or reach us online.