Under California domestic violence law, just about every type of relationship can be considered an intimate partnership including boyfriends, girlfriends, spouses, divorcees, couples who are dating, and people with children together. Any individual who touches an intimate partner against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse can face a misdemeanor sexual battery charge, regardless of whether the partners were involved in an ongoing relationship. Touching has been determined to mean any physical contact – regardless of how slight – whether through direct touching or though the clothes of either individual.

A misdemeanor sexual battery charge (with no aggravating circumstances) carries a maximum penalty of six months in jail and a $2,000 fine. However, if the touching takes place under the following conditions ? while the accuser is unlawfully restrained, institutionalized, medically incapacitated, seriously disabled, or unconscious ? the jail sentence may be increased to a maximum of one year. Under very dire circumstances, the crime may rise to a felony, punishable by a maximum of four years in the state prison and a $10,000 fine.

While the items above include most of the maximum penalties for a first time offender, it is not a complete list of the penalties that the accused may ultimately face. Furthermore, aggravating factors (facts that surround the charged incident that make the incident seem even worse) and/or a prior sexual battery conviction can lead a court to impose an even stiffer sentence.

As is typically the case, the defendant will be placed on probation for at least three years. The state has created certain mandatory terms of probation with respect to any California intimate partner abuse crime and include the booking process (if the defendant wasn’t booked upon arrest), issuance of a criminal protective order against the defendant, a year long requirement to attend a batterer’s class and an additional fine payable to various domestic violence funds.

Of the penalties for a sexual battery conviction, one of the most devastating is mandatory registration as a sex offender. Such registration lasts for life, has many requirements, and if those requirements aren’t completed, the convicted defendant faces additional time in jail and/or prison. A defendant convicted of sexual battery will also be required to pay an additional $200 - $300 fine to the Department of Justice for committing the offense.

In some instances, a conviction for sexual battery may also bring professional licensing restrictions. Under 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. A professional licensing restriction could damage or even end an individual’s career.

Finally, in addition to the criminal charge for sexual battery, an individual may be sued in civil court for the tort of sexual battery as well. In a civil court, a person who is found liable for committing this wrong is subject to additional fines and a civil protective order, but cannot be sentenced to jail or prison.

A person facing a potentially life-altering criminal conviction deserves an attorney who knows how to zealously advocate for an acquittal for his or her client. The attorneys from the Kavinoky Law Firm are familiar with all of the defenses that apply to sexual battery and have successfully helped countless individuals who were facing intimate partner violence charges. Contact Kavinoky today and speak to a professional who can help explore your legal options.