San Diego Sexual Assault Lawyer
San Diego Sexual Assault Attorney
Facing a sexual assault charge in San Diego can be a harrowing experience. You may not know where to turn and may often find yourself with more questions than answers. When facing these serious charges, it can be wise to retain the counsel and representation of a San Diego sexual assault lawyer who can help make you aware of your rights and aggressively fight for the protection of your future and freedoms. Don’t let an assault charge stand in your way today.
For over twenty years, the team at Lee Law Group DUI & Criminal Attorneys has been helping individuals fight against a wide range of criminal charges, including those of sexual assault. These charges, if convicted successfully, can come with a wide range of legal and personal consequences, and you may find yourself stripped of several rights and freedoms. At Lee Law Group DUI & Criminal Attorneys, we are here for you.
Examples of Sexual Assault in San Diego
Sexual assault can come in many forms in San Diego. In fact, between 2014 and 2018, San Diego County saw 63 sexual assault cases for every 100,000 female members of the population. Assault in California is defined as any kind of unwanted sexual contact that the victim has not, or is not able to, legally consent to. Mental or physical disability, as well as age or cognitive impairment, can all keep an individual from being able to consent.
There are several examples of sexual assault that can arise in San Diego. They include the following:
- Rape or attempted rape
- Sexual abuse
- Any and all acts of a sexual nature that are forced upon the victim
- Any unwanted physical penetration of the victim
- Any form of sexual exploitation, such as taking photographs of the victim without their consent, or without them having the ability to offer consent
- Any unwanted or inappropriate touching
Penalties for San Diego Sexual Assault
In California, sexual assault, also referred to as sexual battery under certain circumstances, can include a range of offenses under state law. When it comes to sexual battery, these charges can be brought against an individual either as a misdemeanor or a felony, depending on the circumstances of the incident. These charges can include the following penalties:
- Misdemeanor sexual battery. An individual can commit a misdemeanor of sexual battery when they touch the intimate part of another person for the specific purpose of sexual gratification, sexual abuse, or sexual arousal against that person’s will. Penalties for this charge can include a fine totaling no more than $2,000 and jail time of up to 6 months. If the offender was the victim’s employer, the fine can total up to $3,000.
- Felony sexual battery. Under certain serious circumstances, a charge of this nature can be upgraded to a felony. This can occur when the alleged victim has been restrained unlawfully, the victim has been institutionalized for necessary medical treatment, or is seriously disabled or incapacitated for medical reasons, or the alleged offender represented the touching as a professional necessity under fraudulent acts.
The penalties for this charge can include fines totaling up to $10,000 and between two and four years in state prison. These penalties can be escalated if the defendant is the employer of the victim or if the victim was a minor and the defendant already has a prior conviction of felony sexual battery on their criminal record. Charges of this type can be stressful. If you need mental health support, call the San Diego Access and Crisis Line at 1-888-724-7240 for 24/7 confidential support.
Let Lee Law Group DUI & Criminal Attorneys Defend You
When you work with Lee Law Group DUI & Criminal Attorneys on your sexual assault defense in San Diego, our team brings the full weight of twenty years of experience and in-depth knowledge of the local laws and court systems to protect you and ensure your story is heard as we implement the correct defense strategy in your case. Common defense strategies used in these cases can include:
- Consent. We may be able to use this defense in your case if the victim actually gave their consent to the physical, intimate contact. This is only applicable if the consent was given freely by an individual who is recognized by law to be capable of offering their consent.
- False accusations. The unfortunate reality is that false accusations of sexual assault happen every day. These might arise during child custody battles or other relationship disputes, due to mistaken identity, or other kinds of misunderstandings, especially those surrounding consent.
- Violations of constitutional rights. If the law enforcement officers involved in your case violated your constitutional rights during your arrest, certain evidence can possibly be suppressed, aiding in your defense.
FAQs
Q: What Factors Play into Consent?
A: When determining consent in a sexual assault case, there are several factors, or circumstances, in which the law claims that the victim was not legally able to give their consent or did not have the legal capacity to do so. These factors can include age, disability, intoxication, the victim being unconscious, or there being an unequal power dynamic between the victim and the offender, such as a doctor and patient.
Q: How Does the Prosecution Prove Sexual Assault in California?
A: In order to convict an individual of sexual battery in California, whether that charge is a misdemeanor or felony, the prosecution must be able to prove that the touching occurred in a physical manner, that it was against the will of the supposed victim, and it was for the purposes of sexual gratification, abuse, or arousal.
Q: What Is Statutory Rape in California?
A: In California, statutory rape is a kind of sexual assault. This occurs when an individual has sexual intercourse with a person who is under the age of 18, even if the individual under 18 gives their consent. The charges for statutory rape in California are taken seriously by law enforcement and the courts. It is recommended that you consult with an experienced defense attorney if you are facing this situation.
Q: What Are the Personal Consequences of a Sexual Assault Conviction?
A: Aside from the legal penalties of a sexual assault conviction, such as fines and jail time, there are several other personal consequences an individual might face. These can include being required to register as a sex offender, which can impact your employment and housing situation, immigration issues for non-US citizens, and difficulty with family law cases such as child custody.
Contact a Trusted San Diego Sexual Assault Lawyer Today
If you or someone you love has been charged with sexual assault in San Diego, it is vital that you speak to an attorney as soon as possible. Contact the offices of Lee Law Group DUI & Criminal Attorneys today to schedule a consultation with our team.
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