Felony Sexual Battery Defense Attorneys in California

The Law Office of Richard Wagner, A Professional Corporation, represents people arrested for felony sexual assault and battery in California. In these serious criminal cases, the prosecutor must have evidence beyond a reasonable doubt under California Penal Code 243.4  you touched an intimate part of another person or caused another person to masturbate or touch an intimate part of either of those persons or a third person, while the victim is unlawfully restrained by the accused or an accomplice, or while the victim is institutionalized for medical treatment and while seriously disabled or medically incapacitated, and the touching is against the will of the accuser and is for the purpose of sexual arousal, sexual gratification, or sexual abuse.

The defense will consist of an investigation of whether the unlawful restraint element of felony sexual assault and battery was by psychological pressure such as when the accused’s words, act, and authority control the accuser.

Once the police report has been investigated, law enforcement officers bring the felony arrest reports to the District Attorney’s Office for review. If there is sufficient evidence, the District Attorney’s Office files criminal charges for felony sexual assault and battery.

Felony Sexual Battery By Misrepresentation

The Law Office of Richard Wagner, A Professional Corporation, defends felony sexual battery cases in California when a person is under a criminal investigation for touching an intimate part of another person for sexual arousal, sexual gratification, or sexual abuse, or accused of the victim being unconscious of the nature of the act because of fraudulent representations that the touching served a professional purpose.

This includes allegations that the accuser came to our client for medical treatment and the client touched intimate body parts during an examination of him or her.

Punishment for Felony Sexual Battery

Felony sexual battery is punishable by imprisonment in state prison for two, three, or four years and a $10,000 fine, or by imprisonment in county jail for one year and a $2000 fine.

Misdemeanor Sexual Battery Defense in Southern California

The Law Office of Richard Wagner, A Professional Corporation, represent clients who have been charged with misdemeanor sexual battery which, under California Law the prosecutor must prove beyond a reasonable doubt, touching an intimate part of a victim, if the touching is against the will of the accuser and for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.

“Sexual abuse” includes a purpose of insulting, humiliating, intimidating, or physically harming a person sexually by touching an intimate part of the person.

Punishment for Misdemeanor Sexual Battery

Misdemeanor sexual battery is punishable by imprisonment in county jail for six months and a $2000 fine. If the prosecutor proves you were an employer of the accuser, misdemeanor sexual battery is punishable by imprisonment in county jail for six months and a $3000 fine.

Sexual assault and battery cases in Southern California courthouses are taken seriously and are prosecuted by specialized deputy district attorneys who file the criminal charges and prosecute the case starting with the arraignment through preliminary hearing, pretrial and trial.

If you are under investigation for felony or misdemeanor sexual assault and battery in California, or have been arrested and charged for sexual assault and battery in Southern California, call The Law Office of Richard Wagner, A Professional Corporation, for a confidential attorney consultation at (714) 403-6317.