California’s domestic violence laws cover several offenses against intimate partners. The term intimate partner includes both heterosexual and same-sex couples that are married, divorced, cohabitating, dating, or who have children together. Many intimate partner abuse charges begin as relatively harmless situations that spin out of control and result in very emotional, highly charged incidents. Sexual battery is a California domestic violence crime that takes place when 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. The definition of touching, according to California law, includes any physical contact that occurred either directly or through the clothing of the victim or perpetrator. Sexual battery will be charged regardless of the length or intensity of the couple’s relationship.

With no aggravating circumstances, a misdemeanor sexual battery charge carries a maximum of a six-month jail sentence and a $2,000 fine. If, however, the touching occurs while the accuser is unlawfully restrained, seriously disabled, institutionalized, unconscious, or medically incapacitated, the jail sentence may increase to a maximum of one year or the crime may rise to a felony punishable by a maximum of four years in the state prison and a $10,000 fine.

Physical evidence can be crucial in a sexual battery case because there is no requirement of physical injury to press charges. Physical evidence is any evidence that is visible (such as a bruise), scientific (such as DNA), or tangible (such as medical records). The very nature of intimate abuse prevents most incidents from having eyewitnesses and many cases are based on “He said, she said,” statements unless there is some physical evidence of the abuse.

Examples of physical evidence in a sexual battery case include cuts, scratches, burns, bruises, hair removal, bite marks, broken bones, ripped clothing and damage to personal property. If an expert who deals with these types of injuries can verify the evidence, the prosecution will be in a better position to secure a conviction from the jury. A talented attorney, however, will try to discredit the evidence or downplay its significance. The skilled criminal defense lawyers from the Kavinoky Law Firm aggressively defend their clients and know which arguments to use to convince a judge to exclude damaging evidence. They will also work to include evidence that is favorable to their clients.

Like other criminal defense attorneys, the lawyers at the Kavinoky Firm work closely with private investigators and expert witnesses to help acquit the defendant. The private investigator will take photos of the scene, including any visible evidence of injuries or damage to property. He or she will interview everyone involved in the incident, including anyone who witnessed the event or anyone who has intimate knowledge of the parties’ history. The expert witness can analyze any injuries to determine if they really could have been caused in both the manner and timeframe alleged. After gathering all the pertinent information, the attorney will develop an effective defense strategy.

Sexual battery charges are very serious. A conviction can lead to jail time, financial penalties and in some cases, a requirement to register as a sex offender. A person facing such charges should retain an attorney who is experienced in this complex and technical area of the law. The attorneys at the Kavinoky Law Firm have litigated numerous domestic violence cases and are very familiar with sexual battery offenses. They receive ongoing education and keep up to date on evidentiary issues and cutting-edge trial strategies. Contact the Kavinoky Firm today and protect yourself against a sexual battery conviction.