What is the difference between sexual assault and sexual battery in California?

In California, sexual assault is a broad term that includes a range of unwanted sexual acts. Sexual battery, defined under Penal Code §243.4, specifically involves touching another person's intimate parts without consent for sexual arousal, gratification, or abuse. Sexual assault may involve more severe or varied conduct, including penetration or attempts. Both crimes carry serious penalties, but sexual battery can be charged as either a misdemeanor or a felony, depending on the circumstances. Understanding the distinction is essential, as it influences possible defenses and sentencing.

How long after an alleged assault can charges be filed?

California law allows prosecutors to file sexual assault charges within specific time limits known as statutes of limitations. For most felony sexual assaults, the limit is ten years from the date of the incident, but certain serious cases, especially those involving minors or significant bodily injury, may have no limitation period at all. Even when substantial time has passed, modern forensic methods or delayed reporting can still lead to prosecution. Consulting with a defense attorney early can help determine if the statute of limitations may apply to your case.

Can I lose my job if I'm accused of sexual assault?

Yes. Even without a conviction, an accusation of sexual assault can have immediate professional consequences. Employers may suspend or terminate employees based on pending criminal charges or reputational concerns. Certain professions, such as teachers, healthcare workers, and public employees, face mandatory reporting and administrative investigations. A skilled defense attorney can help manage both the criminal and professional aspects of your case, working to protect your employment rights and mitigate damage to your reputation while the legal process unfolds.

Los Angeles Sexual Assault Attorney | Sexual Assault Defense Lawyer Los Angeles CA

Los Angeles Sexual Assault Attorney

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The California legal system takes sexual assault crimes very seriously. As a result, the consequences of a conviction can have a serious impact on your rights, reputation, and freedom. When so much is on the line after being charged with sexual assault, you need to be sure you are doing everything you can to defend your best interests. With the guidance of a Los Angeles sexual assault attorney, you can develop a personalized defense strategy against your charges.

At The Law Offices of Christopher Chaney, you can find the legal representation you need to pursue the optimal outcome in your sexual assault case. Whether the best course of action for you is pursuing a better plea deal, seeking a case dismissal, or fighting to beat your charges in court, we will be by your side through every step of the process. We proudly serve clients throughout Los Angeles County and Southern California, and we are prepared to fight for you.

If you are facing sexual assault charges, do not make the mistake of representing yourself or settling for just any attorney. Let our law firm be your shield through every step of your defense, by using our online contact form today.

Sexual Assault Charges Explained By A Sexual Assault Defense Lawyer in Los Angeles, CA

Understanding how the state defines sexual assault charges can help you better prepare your defense in your case. Under California Penal Code §243.4, sexual assault is the result of a person touching someone inappropriately with the goal of sexual gratification, arousal, or abuse. In many cases, sexual assault charges involve one of the following factors:

Non-consensual touching: Unwanted sexual contact without penetration
Use of restraint, force, or fear: When the alleged victim claims they were physically held, threatened, or intimidated
Assault involving incapacitation: Cases where the alleged victim was under the influence of drugs or alcohol and unable to consent
Institutional or authority-based assault: Situations involving teachers, healthcare workers, or employers accused of misconduct
Unconscious or asleep victims: Cases where the alleged victim was unaware of the act due to unconsciousness

These cases can be extremely difficult to navigate on your own. Instead of taking chances with your future, let a sexual assault defense lawyer in Los Angeles, CA, lead you through the process of fighting these charges to minimize the stakes in your case.

The Consequences of a Sexual Assault Conviction

Any Los Angeles sexual assault attorney will tell you that having skilled legal representation at your side to defend you is critical in minimizing the potential consequences of your charges. Trying to represent yourself or accepting the first plea deal you receive can result in consequences like:

Incarceration: Up to four years in state prison for felony sexual assault, with possible sentence enhancements for aggravating factors
Mandatory sex offender registration: Many convictions require lifetime registration under California’s Megan’s Law
Fines and restitution: Heavy financial penalties and payments to alleged victims
Probation conditions: Including counseling, restraining orders, and restricted contact with minors
Career and reputation damage: Professional licenses, employment, and educational opportunities may be permanently affected
Immigration consequences: Non-citizens may face deportation or denial of future citizenship

A sex crime conviction can permanently damage your reputation among peers and your relationships with loved ones. Our experienced Los Angeles sexual assault attorneys are here to challenge these charges with custom-tailored defense strategies on your behalf.

Possible Defense Strategies From an Experienced Los Angeles Sexual Assault Lawyer

Depending on the nature of your charges and what other events transpired during that time, there may be several viable options to protect you from your charges. We will take a methodical approach to your case to gather all of the available information so we have all the resources we need to build a defense, like:

Consent defense: Demonstrating that the encounter was voluntary and mutually agreed upon through messages, witness testimony, or behavior leading up to the event
False accusation: Revealing motives such as jealousy, anger, revenge, or manipulation that may have influenced the alleged victim’s report
Lack of intent: Showing that any contact was accidental, non-sexual, or misinterpreted
Insufficient evidence: Highlighting the absence of forensic evidence, inconsistencies in testimony, or unreliable witness statements
Violation of rights: Suppressing evidence obtained through unlawful searches, coercive interrogations, or procedural violations
Mistaken identity: In cases involving limited visibility, crowded environments, or intoxicated witnesses, proving that you were not the perpetrator

We take every measure to bolster the defense strategies we build for our clients. This includes consulting with forensic experts, investigators, and psychological professionals to scrutinize all of the available evidence from every perspective. By identifying the weaknesses in the case against you, a Los Angeles Sexual Assault Attorney can produce a reasonable doubt that could be the key to your success.

How The Law Offices of Christopher Chaney Can Help

When you need a sexual assault defense lawyer in Los Angeles, CA, you need to know what they can offer you in your time of need. Our law firm excels in providing comprehensive legal representation, unwavering commitment to our clients, and legal services paired with the respect our clients deserve. From the moment we start representing you, we will:

Conduct a detailed review of the allegations, witness statements, and police reports
Gather digital, medical, and forensic evidence to expose weaknesses in the prosecution’s case
Interview witnesses and experts to build a credible defense
File motions to suppress inadmissible or unlawfully obtained evidence
Negotiate strategically with prosecutors for reduced charges or case dismissal
Prepare for trial with a clear, persuasive defense narrative

We understand how hard it can be to go through a sexual assault defense case by yourself, but at our law firm, you will never be alone in your defense.

Why Choose The Law Offices of Christopher Chaney as Your Los Angeles Sexual Assault Attorney?

Your Los Angeles sexual assault attorney should offer you more than just legal support. In addition to our years of criminal defense and courtroom experience, we also have a reputation for success in handling sensitive and high-stakes cases. In addition to our legal services, we also provide our clients with:

Aggressive legal representation: We start working on your defense immediately, often before charges are filed, to protect your rights and freedom
Strategic case planning and defense: We build detailed, customized strategies based on evidence, facts, and applicable law
Empathy and compassion for every client: We understand the gravity of the situation and treat each client with respect and understanding
Clear, responsive communication: You’ll always be informed and supported through every stage of your case
A comprehensive approach to legal representation: We look beyond the charges to address collateral consequences and long-term goals

If your future is on the line, do not make the mistake of representing yourself. We are ready to fight for you both in and outside of the courtroom.

Contact a Los Angeles Sexual Assault Lawyer at The Law Offices of Christopher Chaney Today for a Confidential Case Review

Allegations of sexual assault can change your life in an instant, but you have the opportunity to change the course of your future after being accused of sexual assault. The sooner you reach out to a criminal defense lawyer, the more time you give us to gather resources, develop defense ideas, and take proactive measures in your defense.

Schedule your free initial consultation with us today by using our online contact form. We will immediately begin reviewing your situation, help you understand your rights, and lead you through every step of the defense process.

Frequently Asked Questions About Facing Sexual Assault Charges in Los Angeles and Throughout Southern California

In California, sexual assault is a broad term that includes a range of unwanted sexual acts. Sexual battery, defined under Penal Code §243.4, specifically involves touching another person's intimate parts without consent for sexual arousal, gratification, or abuse. Sexual assault may involve more severe or varied conduct, including penetration or attempts. Both crimes carry serious penalties, but sexual battery can be charged as either a misdemeanor or a felony, depending on the circumstances. Understanding the distinction is essential, as it influences possible defenses and sentencing.
California law allows prosecutors to file sexual assault charges within specific time limits known as statutes of limitations. For most felony sexual assaults, the limit is ten years from the date of the incident, but certain serious cases, especially those involving minors or significant bodily injury, may have no limitation period at all. Even when substantial time has passed, modern forensic methods or delayed reporting can still lead to prosecution. Consulting with a defense attorney early can help determine if the statute of limitations may apply to your case.
Yes. Even without a conviction, an accusation of sexual assault can have immediate professional consequences. Employers may suspend or terminate employees based on pending criminal charges or reputational concerns. Certain professions, such as teachers, healthcare workers, and public employees, face mandatory reporting and administrative investigations. A skilled defense attorney can help manage both the criminal and professional aspects of your case, working to protect your employment rights and mitigate damage to your reputation while the legal process unfolds.

Schedule Your Consultation

Regardless of your circumstance, you are not alone in your fight. We are ready to stand by your side and fight for your rights, freedom, and reputation. Contact us today to schedule a free remote or in-person consultation, and let us assist you in finding a solution to your problem.