Unblurring The Lines Of Sexual Battery : Murrieta, Menifee, Temecula, Lake Elsinore Criminal Defense Attorney : Law Office of Nicolai Cocis

Unblurring The Lines Of Sexual Battery : Murrieta, Menifee, Temecula, Lake Elsinore Criminal Defense Attorney : Law Office of Nicolai Cocis

Who Sexual Battery Charges Affect

Regardless of the final outcome, a charge of sexual battery has direct and indirect effects on many. Obviously the accuser or accusers, and the accused. The accusation itself becomes a historical reference point for both.

But collateral impact reaches the friends and families of both the accused and accuser. And let's not dismiss as unaffected the trust the public has for authority figures and/or role models. Former pillars of the community, not only individuals but institutions, appear in the crosshairs. The charge of sexual battery thereby needs to be defined.

What Is Sexual Battery?

When discussing sexual battery, most criminal defense lawyers will use a variation of the following shorthand definition of Penal Code 243.4: the touching of an intimate part of another, against that other persons’ will and for the purpose of sexual gratification. That is a pretty good starting definition, however, the law is much broader and covers many other situations. Proof of that is the actual legal definition[1] that defense lawyers familiarize themselves with in order to defend their clients. And because of the multitude of nuances involved, it is in your best legal interest to consult with a top criminal defense lawyer from the Law Office of Nicolai Cocis.

A Subject "Ripped From The Headlines"

Usually highly regarded, a wide cross-section of society is now open to accusation:

  • Politicians
  • Sports stars
  • Police Officers and Sheriff’s Deputies
  • Business executives
  • Teachers
  • Pastors and Priests
  • Media personalities/news anchors
  • Day Care providers

These professionals who are in the public eye are no longer immune to accusations of sexual battery. If these people are subject to accusation, the more defenseless are as well. But as far as being defenseless, please read on.

What To Do If You're Accused

Even those who are totally blameless, when accused of sexual battery, may defend themselves by saying something that appears to incriminate them. Don't be that person!

When a serious charge of sexual battery is leveled against you, contact us immediately. Being convicted of sexual battery can mean substantial fines, imprisonment, and a life-long registration as a sex offender and a stain on your reputation. A free consultation concerning your case is step one to getting the justice you deserve!

Our law office is located in Murrieta, California and we represent adults and minors / juveniles who have been arrested for sexual battery or any other sex-related offense in Temecula, Menifee, Murrieta, Wildomar, Lake Elsinore, Hemet, Perris, Corona and all other surrounding Riverside County cities.

 

[1] Penal Code 243.4:

(a) Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).

(b) Any person who touches an intimate part of another person who is institutionalized for medical treatment and who is seriously disabled or medically incapacitated, if the touching is against the will of the person touched, and if the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).

(c) Any person who touches an intimate part of another person for the purpose of sexual arousal, sexual gratification, or sexual abuse, and the victim is at the time unconscious of the nature of the act because the perpetrator fraudulently represented that the touching served a professional purpose, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).

(d) Any person who, for the purpose of sexual arousal, sexual gratification, or sexual abuse, causes another, against that person’s will while that person is unlawfully restrained either by the accused or an accomplice, or is institutionalized for medical treatment and is seriously disabled or medically incapacitated, to masturbate or touch an intimate part of either of those persons or a third person, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).

(e) (1) Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of misdemeanor sexual battery, punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. However, if the defendant was an employer and the victim was an employee of the defendant, the misdemeanor sexual battery shall be punishable by a fine not exceeding three thousand dollars ($3,000), by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. Notwithstanding any other provision of law, any amount of a fine above two thousand dollars ($2,000) which is collected from a defendant for a violation of this subdivision shall be transmitted to the State Treasury and, upon appropriation by the Legislature, distributed to the Department of Fair Employment and Housing for the purpose of enforcement of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), including, but not limited to, laws that proscribe sexual harassment in places of employment. However, in no event shall an amount over two thousand dollars ($2,000) be transmitted to the State Treasury until all fines, including any restitution fines that may have been imposed upon the defendant, have been paid in full.

(2) As used in this subdivision, “touches” means physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim.

(f) As used in subdivisions (a), (b), (c), and (d), “touches” means physical contact with the skin of another person whether accomplished directly or through the clothing of the person committing the offense.

(g) As used in this section, the following terms have the following meanings:

(1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, and the breast of a female.

(2) “Sexual battery” does not include the crimes defined in Section 261 or 289.

(3) “Seriously disabled” means a person with severe physical or sensory disabilities.

(4) “Medically incapacitated” means a person who is incapacitated as a result of prescribed sedatives, anesthesia, or other medication.

(5) “Institutionalized” means a person who is located voluntarily or involuntarily in a hospital, medical treatment facility, nursing home, acute care facility, or mental hospital.

(6) “Minor” means a person under 18 years of age.

(h) This section shall not be construed to limit or prevent prosecution under any other law which also proscribes a course of conduct that also is proscribed by this section.

(i) In the case of a felony conviction for a violation of this section, the fact that the defendant was an employer and the victim was an employee of the defendant shall be a factor in aggravation in sentencing.

(j) A person who commits a violation of subdivision (a), (b), (c), or (d) against a minor when the person has a prior felony conviction for a violation of this section shall be guilty of a felony, punishable by imprisonment in the state prison for two, three, or four years and a fine not exceeding ten thousand dollars ($10,000).

Categories:

Begin Building Your Defense

If you are ready to take action in defending your rights, contact us today for a free case evaluation. Our one-on-one personalized service and our years of experience in the criminal defense system could be the help you need in protecting your freedom.

    • Please enter your name.
    • This isn't a valid phone number.
      Please enter your phone number.
    • This isn't a valid email address.
      Please enter your email address.
    • Please make a selection.
    • Please enter a message.