San Diego Sexual Assault Attorney
Criminal Lawyer for the Defense of Sexual Assault & Battery Charges
The crime of sexual assault, also known as sexual battery, is defined as any sexual contact that is unwanted. Any non-consensual kissing, sexual fondling or touching, oral, vaginal or anal intercourse are all acts of sexual assault. Men and women can both be the victims of sexual assault. When proving this crime, consent is a prime factor. Consenting to sexual contact means that the person giving their consent is participating in the act knowingly and willingly.
Some circumstances in which a person is unable to give their consent are when they have been incapacitated due to alcohol or drugs, or if they have a physical or mental condition that makes it impossible to give their consent. If a person has been forced or is acting under duress, the act is said to be non-consensual. Additionally, even if two people are in a relationship or are married, it does not mean that such an act is automatically consensual. Minors under the age of 18 are considered to be unable to give consent, which can lead to a charge of statutory rape, even when they mutually agreed to the sexual activity.
If you have been charged with sexual assault, it is crucial that you contact a well-informed San Diego criminal defense attorney from the law firm of Ardalan & Associates as early as possible. Our proactive early investigation of your case will enable us to formulate a strategy with which to build a strong defense upon.
Consequences and Penalties for Sexual Assault
The penalties for misdemeanor sexual assault/battery in San Diego may include some or all of the following:
- Jail time of up to 6 months
- Informal probation (you do not need to meet with a probation officer) of up to five years that may include community service, treatment in a batterer's education program, and/or getting help for sexual compulsion or abuse problems
- Registration as a sex offender
The penalties for felony sexual assault include:
- Formal probation
- Two to four years' incarceration in a State Prison
- Registration as a sex offender
Being convicted of sexual assault is a very serious matter. We have been helping those unjustly accused of sexual assault and other sex crimes for over a decade. A San Diego criminal defense lawyer from the firm will provide you with the vigorous legal support you need to protect your rights and defend your reputation.
Contact a San Diego sexual assault lawyer
today for an aggressive defense when facing sexual assault charges.