Los Angeles Sexual Assault and Battery Lawyer

Last Updated on December 21, 2020

Los Angeles Sexual Assault and Battery Lawyer Have you been charged with sexual assault and battery? Contact the Los Angeles criminal sexual assault and battery lawyers at The Rodriguez Law Group as soon as possible at (213) 793-4061 for a free consultation.

Rodriguez Law Group founder Ambrosio Rodriguez has more than 20 years of experience handling criminal defense matters. He worked as a Senior Deputy District Attorney and was a Trial Team Leader in the Sexual Assault / Child Abuse Unit.

If you are facing sexual assault and battery charges, choosing an experienced lawyer can help you achieve the most optimum outcome for your case.

In the most ideal scenario, a Los Angeles criminal defense attorney will be able to get sexual and assault and battery charges dropped completely. If that is not possible, your lawyer may be able to negotiate a lesser charge or get your sentence reduced.

Why You Should Call the Rodriguez Law Group If You’ve Been Accused of Sexual Assault and Battery in Los Angeles

Having handled some of the most complex, emotionally charged and highly publicized cases, we understand how criminal sex charges can threaten your freedom, reputation, and future, long after fines are paid and time is served.

At the Rodriguez Law Group, we know that there is no such thing as a typical sexual assault and battery case, and you are innocent until proven guilty. 

sexual assaultWhen you hire us, we will do everything we can to give you the very best defense and advice, so that you can get the most optimal outcome for your case.

There are many benefits to hiring our skilled Los Angeles criminal defense attorney for your assault and/or battery charges:

  • We understand how the prosecution builds their case against you
  • We can immediately review the timeline of your criminal case to determine if rights were violated during an investigation, search, arrest, or interrogation
  • We are familiar with the key players in your case and have a positive rapport with law enforcement agencies, prosecution attorneys,  and judges
  • We are able to immediately evaluate physical evidence and potential witnesses for flaws, weaknesses, and inconsistencies
  • We can negotiate deals and find loopholes and creative solutions to get the best possible outcome for your case
  • We can try your case in front of a judge or jury.

Many people think that taking a plea deal is the best outcome. While the majority of criminal cases are resolved by plea bargains, this is not always the best choice for the defendant facing sexual assault and battery charges.

A Plea Bargain May Be the Prosecutor’s Only Option

There are situations when defendant’s rights are violated or a key witness vanishes or may become far less credible than they were initially. A skilled criminal defense attorney in Los Angeles may be able to get a charge thrown out, but without a lawyer, a defendant will be presented with a plea bargain.

Having an experienced criminal defense lawyer can level the playing field and lessen the power of the prosecutor. Every case is different, and in some cases, the strength of a prosecution’s case can be completely diminished when you hire a reputable defense attorney.

The state of California will take painstaking measures to convict you for a crime, but their efforts can be effectively countered by having an adept lawyer who can quickly zero in on the weaknesses of a prosecution’s case. You may have options to avoid being convicted of a sex crime altogether.

If you are facing criminal charges for sexual assault and battery in California, you need a knowledgeable, and experienced attorney to defend your rights and your future. Call Ambrosio Rodriguez and the team at the Rodriguez Law Group to get started today.

What Is the Difference between Simple Assault and Simple Battery, and Sexual Assault and Battery?

People unfamiliar with the legal system may not fully understand the differences between sexual harassment, sexual assault, sexual battery, and rape. Some states handle assault and battery charges differently than others, so these words have different meanings.

In California, simple assault and battery charges are two distinct crimes, although very often charged together.  In contrast, sexual assault and battery are grouped together as a criminal charge.

Simple Assault – Penal Code 240 PC

A simple (non-sexual) assault under California Penal Code 240 involves “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

Simple Battery – – Penal Code 242 PC 

A simple (non-sexual) battery under California Penal Code 242 is any willful and unlawful use of force or violence.  There are three elements to the crime:

  • The defendant acted willfully and unlawfully
  • The defendant used force, violence, or touched in a harmful or offensive manner
  • Another person was touched (this can occur indirectly by causing an object or something else to touch another person).

You can be charged with battery even if no one was hurt. In most cases, the penalties for California battery include a fine of up to two thousand dollars ($2,000) and/or up-to six (6) months in county jail. Crimes related to simple battery in California include:

Sexual Assault and Battery – California Penal Code Section 243.4 PC

A battery charge is elevated to a sexual assault battery charge when certain elements are involved. California Penal Code Section 243.4 PC defines sexual battery as touching of an intimate part of another person, against their will, for the purpose of sexual arousal, sexual gratification, or sexual abuse.

Other sex crimes related to sexual assault and battery also include:

Being accused of sexual assault and battery, or any other sex crime is stressful. Even a misdemeanor conviction can have long-term consequences and require disclosure and explanation decades later.

It is normal to be overwhelmed when facing sex crime charges. Many people are unsure of what’s next and what they can do to protect their future. There is no one better to represent you in a criminal case than a former prosecutor.

If you are facing sexual assault and battery charges in California, time is of the essence. Our Los Angeles sex crime defense attorneys can help you protect your rights at every step, and avoid making wrong moves that could hurt your case.

Potential Penalties for Sexual Battery in California

Penal Code section 243.4 is a “wobbler” crime, which means it can be prosecuted as either a misdemeanor or a felony in California.

The maximum punishments listed for violations of Penal Code section 243.4 are:

  • As a Misdemeanor:  $2,000 fine, 1-year county jail maximum, 10-year sex registration. If you were the victim’s employer, the fine may increase to $3,000.
  • As a Felony: $10,000 fine, 2, 3, or 4 years state prison, lifetime registration as a sex offender

The outcome of sexual assault and battery charges often come down to the facts of a specific case. Having an experienced criminal defense lawyer can ensure you fully understand your rights and everything is done to protect them.

Aggravating and Mitigating Factors

In determining your sentence, the judge will review the specific circumstances of your case. Part of this will include looking at aggravating and mitigating factors, including:

  • Status as a first time or repeat offender
  • Whether you apologized to the victim(s)
  • Past trauma or mental disorders that contributed to your behaviors
  • If you were intoxicated or impaired when you committed the office, you are seeking treatment
  • Treatment for disorders or unhealthy sexual behaviors
  • Moral character and contributions to the community

One of the ways your attorney can help your case is by emphasizing the mitigating factors. Before pleading guilty to taking a plea deal, speak with an experienced and knowledgeable Los Angeles sexual assault and battery attorney.

Defenses To Sexual Assault and Battery Charges

The potential defenses to sexual battery are different than those of simple assault or battery. With simple battery, defenses such as self-defense,  defense of others, or a parents’ right to discipline their child cannot be used.

Defenses for sexual battery are different, and generally include:

  • Mental incapacity or insanity
  • Consent
  • Innocence – mistaken identity or false accusations

False Accusations of Sexual Assault and Battery

With the #MeToo Movement, there has been a common theme of giving a voice to, empowering, and believing victims. A sexual assault and battery case may be decided on a defendant’s word versus an emotional victim’s testimony.

For individuals that are falsely accused of rape, sexual assault and battery, and any other sex crime, they are not just up against a charge, but a social movement. This can be a challenging path to navigate, and having an experienced attorney can be extremely beneficial.

Get a Free Consultation With a Los Angeles Sexual Assault / Battery Attorney

If you have been charged with sexual assault and battery, we welcome your call to discuss your legal rights and options. We know much is at stake and we will use every resource available to provide you with the legal help you need and deserve. Our Los Angeles assault and battery lawyers can help you begin defending your rights immediately. Contact us today for a free consultation.