Warning: Constant MCF_PERF_DELAY_JS already defined in /home/staging_wklaw/www/wp-config.php on line 95 Defenses to a Sexual Battery Charge - California PC 243.4
When charged with a potentially serious crime such as sexual battery in California under PC 243.4, you need a sexual battery defense lawyer that will fight for you using an effective defense strategy. There are several defenses available that could result in a dismissal or reduction of your charge. Here are some successful defenses that our sexual battery lawyers at Wallin & Klarich can raise on your behalf:
Sexual Battery Defense 1: The Victim Consented to the Touching
You are not guilty of sexual battery under California PC 243.4 if you actually and reasonably believed that the victim consented to the act. Therefore, if you personally believed that the victim had consented to the touching, and an objectively reasonable person would have made the same determination, you cannot be convicted of this offense. The jury will consider your relationship to the victim as well as the circumstances present at the time of the offense.
Sexual Battery Defense 2: You did not Touch an Intimate Part of the Victim
If the body part you allegedly touched is not an intimate part, you can not be convicted of PC 243.4
If you did not touch an intimate part of the victim you cannot be convicted of sexual battery under PC 243.4. Since this crime requires that you touched a very specific region of the victim’s body (female breast, anus, groin, sexual organ or buttocks), any contact made outside of this range is insufficient to sustain criminal liability under this offense. If you are charged with felony sexual battery, the prosecution must show that you touched the bare skin of the victim’s intimate part or in the alternative, that you caused the victim’s bare skin to touch your intimate part.
Therefore simply touching the victim’s intimate area through the clothing, without more, is insufficient to convict you of felony sexual battery.
Sexual Battery Defense 3: You did not Touch the Victim for the Purpose of Sexual Arousal, Sexual Gratification or Sexual Abuse
If you did not touch the victim for the purpose of sexual arousal, sexual gratification or sexual abuse you cannot be convicted of sexual battery under PC 243.4. It is common in sexual battery cases for the victim to embellish the facts or misinterpret harmless actions that are not sexual in nature. It is also possible that you accidentally bumped into the victim and touched his or her intimate parts by mistake. Your attorney can help discredit the prosecution’s witnesses and show the jury why the charges brought against you are without merit.
Call the Sexual Battery Defense Lawyers at Wallin & Klarich Today
The call is free, will you be?
If you have been accused of violating PC 243.4 and are looking for a California sexual battery defense lawyer to represent you, Wallin & Klarich can help.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you, no matter where you work or live. Our highly skilled and professional lawyers will conduct a thorough investigation of the facts and passionately argue that your case should be dismissed.
Let us show you how we protect our own. Call Wallin & Klarich today at (877) 466-5245 or fill out our confidential form. We will be there when you call.
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