California’s stringent domestic violence laws protect intimate partners. For purposes of these laws, the term intimate partner is broadly defined to include girlfriends, boyfriends, spouses, divorcees, cohabitants and people with children in common. The partners may be homosexual or heterosexual.

Sexual battery is a California domestic violence crime that occurs if a person touches an intimate part of his or her intimate partner against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse. Touching can refer to any physical contact, whether accomplished directly, through the clothing of the victim, or through the clothing of the defendant. Sexual battery can occur regardless of how long the intimate partners have been together or their current relationship status.

As a misdemeanor, a sexual battery conviction carries a maximum of six-months in jail and a $2,000 fine. If the touching occurs while the victim is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the crime will be charged as a felony, punishable by a maximum of four years in the state prison and a $10,000 fine.

In some sexual battery cases there are facts and circumstances surrounding the alleged incident called aggravating factors. The presence of these factors may lead a court to impose additional sentencing if the suspect is convicted. Aggravating factors include a variety of circumstances. First of all, if the alleged victim was employed by the accused at the time of the alleged offense, the court would impose additional jail and/or prison time. A second aggravating factor occurs if the accused either lives with or lived with the alleged victim or a minor, or the accused was married to the victim, or the accused is a parent, stepparent, adoptive parent, foster parent, or other blood relative of the minor, and the alleged abuse occurred in the presence the minor. Finally, a sexual battery conviction will entail more severe penalties if, as a result of the abuse, the victim suffers a substantial physical injury. The presence of a significant bodily injury on the victim can lead to an additional three to five years in state prison. An individual who is convicted of sexual battery in this situation faces up to nine total years in prison.

Prior to imposing a sentence, the court will hear from both parties regarding the presence of mitigating or aggravating circumstances that should be taken into consideration. A showing of aggravating circumstances by the prosecution usually moves the court to impose the strictest penalty available. However, a good defense attorney will try to persuade the court that such action is not in the best interests of the defendant or society.

Anyone charged with sexual battery should immediately hire an experienced attorney, and when aggravating factors are part of the charge, the necessity for a lawyer is even greater. The skilled criminal defense lawyers at the Kavinoky Law Firm have defended many individuals charged with domestic violence in California. They are familiar with sexual battery cases and will zealously advocate for their clients to minimize any penalties. Contact the Kavinoky Firm today and speak to a legal professional.