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What is Sexual Assault?
According to California Penal Code Section 240-248, an assault is defined as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Although the exact definition of sexual assault varies from state to state, it typically refers to any attack on a person involving the touching of intimate parts for the purposes of sexual gratification, arousal, or abuse.
A critical component in sex crimes is consent – without it, you can be criminally charged and face harsh penalties.
Examples of Sex Crimes That May Include Sexual Assault
Sexual assault crimes can include:
- Prostitution
- Rape
- Statutory Rape
- Indecent Exposure
- Sexual Assault
- Sexual Solicitation
What Are the Penalties if Convicted of a Sexual Assault in California?
If convicted, you could face up to six months in jail and a fine of $2,000-$3,000 for a misdemeanor offense. Felony offenses carry even larger punishments, including imprisonment for one to four years and fines of up to $10,000.
Depending on the circumstances of your case, you may face enhanced penalties under certain circumstances. If, for example, your charge includes minor, mentally disabled, or elderly victims, your punishments will be much greater. Further difficulties can also arise if you have prior criminal convictions or if your offense included weapons.
You stand the best chance of fighting these charges only when you contact a qualified sexual assault defense lawyer who is experienced in this area of the law and is familiar with similar cases.
What Are Some Common Defense Strategies in Sexual Assault Cases?
There are cases in which accusations of sexual assault are completely false. For example, if an individual making the allegations has a motive, or is suffering from remorse after a consensual sexual encounter, they may be trying to gain some advantage or protect themselves by blaming you for a crime. In some cases, there could also be mental issues that lead to accusations that do not reflect the actual circumstances.
Possible legal defenses in these situations may also include:
- Being able to prove consent;
- Showing that there is insufficient evidence in your case;
- Proving that you are innocent and under false allegations.
No matter what your situation, you can have confidence that our sexual assault defense attorneys will move forward to pursue any possible advantage, including a dismissed charge, reduced charge, or an acquittal at trial. If it serves your interests, we can engage in negotiations with the prosecutor to reduce the sentence or seek alternatives to jail or prison time.
If you’ve been accused of sexual assault in Ventura County, contact Lessem, Newstat & Tooson, LLP today to start building your defense.
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