One of California’s domestic violence offenses is sexual battery. This crime occurs when an individual touches an intimate partner against that person’s will for sexual gratification. Domestic violence laws in California protect intimate partners, a term that has been defined by the state as people, gay or straight, who are married, divorced, dating, living together or who have children in common. The touching can be slight and can occur directly or through the clothing of either the victim or the perpetrator. Sexual battery is a wobbler and therefore can be charged as a misdemeanor or a felony, depending on the circumstances of the incident. The maximum penalties are four years in prison and a fine of $10,000.

After the suspect has been arrested on a sexual battery charge, the court will set bail according to a predetermined schedule. However, the amount can be lowered through an application that the defendant submits directly, or is submitted on that individual’s behalf. The arresting officer can also submit a similar application to increase the bail amount. If the alleged victim suffered serious bodily injury as a result of the abuse, a bail hearing is required to determine whether the amount should be modified.

During the bail hearing, the judge will consider the defendant’s prior criminal history, potential flight risk, and the facts of the pending case to determine whether to adjust the set bail amount or to release the defendant on his or her own recognizance (OR). The judge makes a presumption of guilt when making this decision. It is very important for the defendant to hire a skilled criminal defense lawyer to handle the bail hearing.

The judge usually denies an OR release for an intimate partner abuse charge, so the defendant must then be released through one of two methods: posting cash bail or posting a bail bond. For a cash bail release, the defendant must post certified funds (or cash) in the full amount of the bail with either the arresting agency or with the clerk of the court. If the defendant attends all court appearances, the cash will be returned within 60-90 days after the case is resolved. However, if the defendant fails to appear, the cash bond is forfeited to the court.

A bail bond is a contract with a bail agent where the agent agrees to post bond in the full bail amount. The typical fee a bondsman charges is ten-percent of the bond amount. The bondsman may also require collateral to secure the bond. If the defendant doesn’t repay the bond, the bondsman has the legal right to keep or sell the defendant’s collateral. Upon resolution of the case, the bond is exonerated, and the collateral is then released.

A domestic violence accusation can be a stress provoking and stigmatizing experience. California takes a harsh stance on sexual battery and the consequences are quite serious. The defendant has a great deal to lose, including his or her career, family and freedom. To prevent the court from imposing the maximum penalty available, a defendant should retain a competent California defense attorney immediately after being arrested. The lawyer will help the accused navigate through the criminal court system and will develop the best defense possible. Attorneys at the Kavinoky Law Firm have litigated hundreds of sexual battery cases. They treat their clients with dignity and respect and understand the seriousness of these charges. Contact the Kavinoky Firm today and explore your legal options.