Oakland Sexual Assault And Battery Lawyers

Experienced Defense Against Sexual Assault And Battery Charges in California

Sexual assault (also referred to as sexual battery) is a charge that differs from rape. The offender does not need to engage in physical penetration or sexual intercourse to be charged with this serious sex crime. California law defines sexual assault or sexual battery as the touching of the intimate parts of another person, against their will, in order to receive some sort of sexual gratification.

Even if you are involved in a relation with someone, charges of sexual assault may be made against you. This law only requires for any sexual advancements made to be nonconsensual.

California Penal Code 243.4 PC addresses more serious forms of sexual assault including:

• Sexual battery of a restrained victim
• Sexual assault of a disabled or medically incapacitated victim
• Sexual assault through forms of fraud
• Sexual assault by making the victim touch your genitals when they are restrained or incapacitated or through fraud

Classification and Penalties for Sexual Assault in California

The law allows for sexual assault and battery to be charged as either a misdemeanor or a felony, depending on the circumstances surrounding the incident. If the unwanted sexual contact involved touching another person through their clothing, then the crime is only charged as a misdemeanor. If the unwanted sexual contact involved touching a person's bare skin, then the crime is charged as a felony offense.

Penalties for misdemeanor sexual assault and sexual battery include:

• Up to 6 months in county jail
• Up to $2,000 in fines
• Informal probation up to 5 years
• Registration as a sex offender

For felony sexual assault, penalties include:

• Formal probation
• 2 to 5 years in California State Prison depending on injuries sustained during the crime
• Up to $10,000 in fines
• Registration as a sex offender

Contact Our Sexual Assault and Battery Attorney in Oakland Today

When you are arrested and charged with sexual assault and battery, it may feel like all hope is lost. Luckily, there are numerous defenses an Oakland sexual assault and battery defense attorney may utilize to have these charges reduced or even dismissed. If the touching was consensual or you hold a reasonable belief that the touching was consensual, then you may have a defense against you sexual battery charges.

Unfortunately, false allegations of sexual assault and battery occur all the time. Jilted lovers or exes may try to seek revenge by claiming sexual assault. Charges in these instances often have little evidence to support them. However, when this occurs, an experienced attorney will be needed to help navigate the complicated laws regarding sex crimes. We proudly help clients in Oakland, Berkeley, Richmond, Concord, and the surrounding areas.

Understanding Sexual Assault Charges in Oakland: Local Insights and Resources

Living in Oakland, we understand the unique challenges our community faces when dealing with serious charges like sexual assault. The Alameda County District Attorney's Office is known for its rigorous prosecution of sex crimes, making it crucial to have a knowledgeable defense team on your side. Our local law enforcement agencies, including the Oakland Police Department, are diligent in their investigations, which can sometimes lead to misunderstandings and false accusations.

One of the significant pain points for residents in Oakland and surrounding areas like Berkeley and Richmond is the fear of being wrongfully accused. False allegations can arise from various situations, including contentious breakups or misunderstandings. These accusations can have severe consequences, including damage to your reputation and personal relationships, not to mention the legal penalties.

Our team is deeply familiar with the local court systems, including the Alameda County Superior Court, where many of these cases are tried. We know the judges, the prosecutors, and the intricacies of the local legal landscape. This local knowledge allows us to craft a defense strategy that is tailored to the specific circumstances of your case and the local legal environment.

We also understand the importance of local resources in building a strong defense. For instance, the Alameda County Public Defender's Office provides valuable insights and resources that can be leveraged in your defense. Additionally, local support organizations like Bay Area Women Against Rape (BAWAR) offer crucial support services that can be part of a comprehensive defense strategy.

If you are facing sexual assault charges in Oakland, Berkeley, Richmond, or Concord, it's essential to have a defense team that understands the local dynamics and can navigate the complexities of the local legal system. We are here to help you through this challenging time, providing the dedicated and knowledgeable representation you need to fight these charges effectively.