Sexual battery is a California domestic violence offense that will be charged if a person touches his or her intimate partner against that person’s will for purposes of sexual and arousal or gratification. The touching can occur directly or indirectly through the clothes of the perpetrator or victim. The term intimate partners applies to many relationships – straight and gay couples who are married, divorced, living together, dating or formerly dating, or who have children in common.

According to California law, a licensing board may suspend or revoke a professional license if the license holder has been convicted of a crime that is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. Whether a conviction resulted or whether the defendant entered a guilty or no contest plea, the license may be revoked.

The suspension or revocation occurs once the defendant is placed on probation, the conviction has been affirmed on appeal, or the deadline to file an appeal has lapsed. Further, many professional licensing boards maintain their own standards and practices related to disciplining their license holders that entail additional consequences.

For a proper defense against a professional license restriction, the accused should hire a competent attorney who understands the procedures behind the suspension or revocation. A good lawyer has the knowledge and available resources to articulate why a typical sexual battery conviction is not substantially related to the qualifications, functions, or duties of the defendant’s job. The attorney will also be cognizant of when the defendant’s employer is unlawfully imposing such a restriction as an excuse to fire an otherwise competent employee.

Crimes that are wobblers in California can be charged as either misdemeanors or a felonies depending on the facts of the individual case. Sexual battery falls under this classification. Misdemeanor sexual battery with no aggravating circumstances is punishable by a maximum of six months in jail and a $2,000 fine. However, if the touching takes place while the accuser is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, 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 state prison and a $10,000 fine.

California law asserts that when an individual is convicted of sexual battery, there are some mandatory penalties that will be imposed and some possible penalties that may be imposed. Restriction of a professional license is not mandatory, but may result depending on the professional board making the determination.

The most important thing to know if you are facing a sexual battery charge or if you have been recently convicted of the charge, is that hiring an experienced, knowledgeable criminal defense lawyer is imperative to protect against professional licensing restrictions and other penalties. The skilled attorneys at the Kavinoky Law Firm have knowledge of the procedures for licensing restrictions and understand how to make successful arguments to prevent their clients from losing their families, careers and freedom. Contact the Kavinoky Firm today and discuss your options with a trained legal professional.