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Sexual Assault and Battery

Oakland Sexual Assault and Battery Lawyers

California Sexual Assault & Battery Laws

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

Sexual Assault Is a Wobbler in CA

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

Defenses Against Sexual Assault & Battery in CA

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.


Call our Oakland sexual assault and battery defense lawyers at (510) 907-6600 for a consultation to learn how our defense team can fight for you!


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    “Mr Ahmed is a very knowledgeable attorney. He went above and beyond to help me with my case. He also gave me sound advice and went over my options.”
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    “He worked hard and diligently while going the extra mile. He was patient and caring during my ordeal and even followed up and checked on me afterwards.”
    - Adarice
  • “Better Than Expected Result”
    “Mr. Ahmed did his thing to make sure I did not spend one day in jail! His ability to explain everything along the way really helped through this stressful episode.”
    - Francisco C.

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