Sexual battery is a California domestic violence crime that will be charged against intimate partners. The term intimate partners applies to any heterosexual or homosexual people who are dating, married, divorced, living together, or have children in common. The crime is a wobbler under California law because it can be charged as either a misdemeanor or a felony depending on the severity of the individual case. When a person touches an intimate part of another against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse, he or she may be charged with misdemeanor sexual battery.

In a sexual battery case, any physical contact, whether it occurs directly or through the clothing of one of the individuals involved, can be considered touching. Partners involved in an ongoing intimate relationship can face sexual battery charges in California.

Misdemeanor sexual battery (with no aggravating circumstances) carries a maximum of a six-month jail sentence and a $2,000 fine. However, if the touching takes place while the accuser is seriously disabled, institutionalized, unlawfully restrained, medically incapacitated or unconscious, the jail term 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.

A four-year incarceration period is the maximum amount of prison time that a defendant convicted of sexual battery as a felony could possibly serve. The law is silent in regard to mandatory jail or prison time for a convicted offender. If the accused has no prior criminal history and this is his or her first domestic abuse charge, or if the facts surrounding the allegation aren’t too horrifying, an experienced criminal defense lawyer may be able to convince a court not to impose a prison sentence, but rather to recommend probation conditions that don’t include imprisonment.

However, a defendant with a prior conviction for sexual battery who commits another sexual battery against a minor under the conditions listed above (while the intimate partner is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious) will automatically be charged with a felony punishable by at least two years in state prison. In addition, he or she will still face up to $10,000 in fines. An individual who commits a sexual battery against a minor under any circumstances (even without any prior convictions) will likely face additional criminal charges and should immediately retain a seasoned defense attorney.

Unfortunately, the rules of evidence allow for the prosecution to enter into the record all of the defendant’s prior domestic violence convictions. While most criminal cases exclude prior conduct from evidence, domestic abuse crimes are an exception. Evidence of any of the defendant’s prior acts of intimate partner violence are admissible against the accused in a jury trial. This means that a jury will be allowed to hear that the accused has committed similar offenses in the past. Such information will likely persuade the jury that the defendant probably committed the abuse again.

Any person accused of sexual battery, especially one who has a history of prior domestic abuse, should retain legal counsel who has experience dealing with California intimate partner abuse cases and who is familiar with issues surrounding prior allegations and convictions. The attorneys from the Kavinoky Law Firm have effectively advocated for numerous clients who faced sexual battery charges, some of whom had prior D.V. convictions. They receive ongoing education and training in this specific area of the law and can answer any questions about a sexual battery charge or any other California domestic violence charge.