A person in California may be charged with sexual battery if he or she is accused of touching an intimate partner against that individual’s will for purposes of sexual gratification or sexual abuse. California domestic violence laws state that almost any type of relationship constitutes an intimate partnership – the couple may be boyfriends, girlfriends, spouses, divorcees, cohabitants, or have children in common.

Sexual battery charges can be made as a result of any unwanted touching of a person’s intimate parts, whether the touching occurs directly, through the victim’s clothing, or through the clothing of the defendant. Even if the couple has been involved in an ongoing relationship, any nonconsensual touching could lead to a sexual battery charge. The crime can be classified as a misdemeanor or a felony with penalties of up to one-year in jail or up to four years in prison and fines of up to $10,000. If the defendant had a prior sexual battery conviction, or if there were aggravating factors surrounding the incident, the penalties may increase.

In addition to the above-mentioned legal consequences, an offender facing a sexual battery charge will have other concerns. In California, if a defendant is convicted of any intimate partner abuse crime and is granted probation, certain mandatory probation conditions will be imposed. A sexual battery conviction usually carries a three year probation period, either formal or informal depending on whether the charge was a misdemeanor or felony. During probation, a criminal court protective order containing residence exclusions or stay-away conditions will be issued against the defendant to prevent further acts of violence toward the victim. The victim will receive notification as to the outcome of the case as soon as it is resolved.

The defendant will also be required to register as a sex offender and must pay an extra $200 - $300 fine that will be deposited into the Department of Justice Sexual Habitual Offender Fund. The registration requirement lasts for the life of the defendant and if the requirements aren’t met, the defendant will face additional penalties such as more jail or prison time.

In addition to the extra fines for the DOJ, the convicted defendant must pay a separate fine of at least $200 to various domestic abuse funds distributed by the state. He or she must attend a two-hour batterer’s class once a week for at least one year. If drugs and alcohol played a part in the sexual battery, the court may order the defendant to enroll in a chemical dependency program. The court will also mandate a certain number of community service hours for the defendant to complete.

In some cases, the court will direct the defendant to pay up to $5,000 to a battered women’s shelter or to reimburse the victim for any reasonable expenses that the court believes were incurred as a direct result of the abuse. The court will consider the economic situation of the defendant when imposing the sentence.

If the court detects a true willingness and diligence by the defendant to follow through with these mandated conditions, it may modify the probationary period. Any unwillingness or refusal to cooperate by the defendant may move the court to extend or even revoke probation. If probation is revoked, the maximum prison sentence will likely be imposed. Having a seasoned criminal defense lawyer is the best way to make sure that all probationary requirements are kept to a minimum.

Attorneys at the Kavinoky Law Firm have treated their clients with compassion and respect for years. They have litigated many delicate sexual battery cases and understand the various issues that can arise including mandatory probation requirements. They will guide each client through the criminal court system and will devise a strategic defense based on the circumstances surrounding the charges. Contact a knowledgeable defense lawyer at the Kavinoky Firm today.