In California, the charges of 'battery' or 'sexual battery' are not to be taken lightly. These are two distinct crimes, each involving unwanted physical contact, but with different levels of intent. The gravity of these charges can cause significant confusion and stress.
Understanding the potential legal consequences of being charged with battery or sexual battery in California is not just important; it's crucial. These charges share some common elements, but they also have fundamental differences that can significantly impact your legal situation, potentially altering your life trajectory.
If you're facing a charge of sexual battery, knowing these distinctions is not just crucial, it's urgent. It can inform your defense strategy and empower you to make informed decisions, potentially affecting the outcome of your case. California Penal Code 242 PC describes the crime of simple battery as the willful and unlawful use of force or violence on someone, even if it does not cause injury or actual pain.
Simple battery is a misdemeanor punishable by up to 6 months in jail and fines of up to $1,000. Still, it's often possible to negotiate a charge reduction or dismissal without a trial, offering a significant ray of hope in a challenging situation. Suppose the battery results in physical harm. In that case, you could be charged instead with battery causing serious bodily injury under Penal Code 243(d) PC.
Penal Code 243.4 PC sexual battery is described as touching another person's intimate parts without consent and for sexual gratification, arousal, or abuse. A conviction for misdemeanor sexual battery without aggravating factors carries up to 6 months in jail, up to $2,000, or Informal summary probation for up to 5 years. Sexual battery is a misdemeanor, but it can be filed as a felony if the victim is restrained, unconscious, or medically incapacitated.
Definition of Battery
California Penal Code 242 PC defines battery as the "willful and unlawful use of force or violence upon the person of another." Notably, the battery does not have to be a violent act, such as punching someone. Rather, it can involve any physical contact that is done intentionally without the victim's consent.
Further, the battery does not require the use of a weapon or result in injury. In other words, simply making unwanted physical contact can be sufficient to commit the crime of PC 242 battery. Many use the phrase 'assault and battery.' In fact, California assault and battery are two distinct crimes.
Penal Code 240 PC assault is an attempt to use force or violence on someone. Battery is the actual use of force or violence on someone else. Simply put, an assault is like an attempted battery, and a battery is like a completed assault. Understanding these distinctions can help you navigate the legal process with more confidence and less confusion.
A simple battery typically carries less severe penalties than sexual battery, but it is still a serious charge that goes on your criminal record.
Definition of Sexual Battery
California Code, Penal Code - PEN 243.4 defines the crime of sexual battery as when, "(a) Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000)."
Simply put, you violate the sexual assault law when you touch someone against their will, which means that they did not consent to the act. In order to consent, a person must act freely and voluntarily, knowing the nature of the act to which they are consenting.
PC 243.4 sexual battery is a more serious type of battery that involves additional elements beyond simple battery, such as:
- The unwanted physical contact specifically involves touching 'intimate parts' of another person's body, and
- The contact was conducted for purposes of sexual arousal, gratification, or abuse.
Intimate parts, as defined by the law, include the genitals, buttocks, groin, or female breast. Sexual battery can also occur in circumstances where the victim is restrained, unconscious of the contact, or incapacitated.
To 'touch' someone for misdemeanor sexual battery means you make physical contact with the intimate part of the victim, either directly or through clothing. To touch someone for felony sexual battery means you make physical contact with the bare skin of the victim, either directly or through your clothing. Notably, it's not felony sexual battery if the alleged victim's body only makes contact through their clothes.
Suppose you commit a sexual battery with the specific intent to cause sexual abuse against somebody. In that case, it means that you intend to injure, hurt, humiliate, intimidate, or cause pain in their intimate parts. Touching with this goal can be charged as sexual battery even if you were not motivated by a desire to enjoy sexual gratification or sexual pleasure yourself.
Battery v. Sexual Battery Penalties
PC 242 simple battery is always a misdemeanor. However, PC 243.5 sexual battery is a 'wobbler' in California. This means it can be filed as either a misdemeanor or a felony, depending on the circumstances of the case and the accused's criminal history. This flexibility can lead to more severe penalties, underscoring the need for effective legal representation.
A PC 242 simple battery carries the following penalties if you are convicted:
- Up to six months in county jail, and
- A fine of up to $2,000.
PC 243.4 misdemeanor sexual battery carries the following penalties:
- Up to six months in jail.
- A fine of up to $2,000.
- Fines can increase to $3,000.If the defendant was the employer of the victim.
PC 243.4 felony sexual battery, on the other hand, carries the following penalties:
- Two and four years in state prison, and
- Fines up to $10,000.
- Sex offender registration (PC 290).
This sex registration is typically for a minimum of ten years. It can have long-lasting effects on your personal and professional life, as it often limits housing and employment opportunities.
How a Defense Attorney Can Help
If you were accused of battery or sexual battery, it may be possible to mitigate the charges. A common strategy is to seek a reduction in the charges, which can reduce the potential penalties, such as the requirement to register as a sex offender.
Our California criminal defense lawyers may pursue several approaches to accomplish this reduction, including challenging the evidence, proving a lack of intent, or demonstrating consent. Understanding these potential defenses can help individuals facing sexual battery charges feel more informed and prepared for their legal proceedings.
Perhaps we can challenge the nature of the physical contact. The prosecution must prove beyond a reasonable doubt that the intimate parts of the victim's body were touched. If evidence casts doubt on whether contact was made to an intimate area, it can weaken the case for sexual battery.
Perhaps we can argue the contact was incidental. For a sexual battery charge, there must be an intent for sexual gratification or abuse. If we can demonstrate that the physical contact with intimate parts was accidental or incidental, there may be grounds to have the sexual intent element dismissed.
For more information, contact the Hedding Law Firm, located in Los Angeles, CA.
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