Sexual battery charges may be filed against an individual who touched another person in a sexual way against that person’s will. This offense will additionally be filed as one of domestic violence in California if the person touched is an intimate partner of the charged individual. The proof required to prove this charge is quite low, as touching can be accomplished through the clothing of either one of the partners and will be sufficient for prosecution no matter how slight it was. It should also be noted that this offense may be charged even when the partners are involved in an on-going sexual relationship.

Defenses to this crime are much easier to come by if the accused hires a California domestic violence lawyer immediately upon his or her arrest so that the attorney can begin thoroughly investigating the facts of the case right away. An experienced criminal defense lawyer recognizes that most charges of sexual battery arise out of a heated, emotional incident that may have simply spiraled out of control and will help ensure that the judge and jury not only hear the defendant’s side of the story, but believe it as well.

Defenses to an intimate partner abuse case alleging a sexual battery may only be devised after the defendant’s attorney carefully reviews all of the facts of the case. The attorney must interview any and all witnesses, check the criminal background of the alleged victim and make sure that the accused hasn’t also been abused by his or her intimate partner. A good lawyer will also most likely hire a private investigator to make sure that no stone is left unturned so that his or her client receives the most comprehensive case analysis possible.

Sometimes an attorney will be able to have a sexual battery charge reduced or even dismissed before the case goes to trial. If after reviewing the case, the defendant’s attorney hasn’t found any physical proof of the charge or any eyewitnesses to corroborate the alleged victim’s testimony, he or she may be able to convince the court that there is insufficient evidence to proceed. Similarly, if the attorney, after interviewing the officers involved in the case, can prove that any evidence that was collected was illegally obtained or even inadvertently tainted, he or she may be able to have the case dismissed altogether.

A sexual battery charge requires that the touching be against the will of the one touched. A knowledgeable domestic violence attorney will fight that element by challenging consent, which may be easy to do when the partners are involved in an ongoing sexual relationship. He or she will also examine the possibility that the partner initiated false charges based on anger, jealousy or revenge.

The outstanding, GLBT supportive attorneys at the Kavinoky Law Firm are dedicated to providing the most comprehensive defenses available. They will do their best to make sure that every applicable defense is effectively communicated to the judge and jury so that they understand that the defendant was, quite simply, wrongly accused. With law offices located in Los Angeles and throughout California, they are available to those individuals who have been accused of a sexual battery charge no matter where they reside within the state. They specialize in crimes of domestic abuse and provide unparalleled service to their gay, lesbian, bisexual or transgender clients who may otherwise have a difficult time finding an attorney who is not only equipped to tackle the challenges that a same sex sexual battery case may invite but who also is comfortable addressing these very private, personal issues in a compassionate and respectful manner. They are familiar with and have mastered the defenses available to an accused facing a sexual battery charge and pride themselves on defending each case with the utmost skill and integrity. For legal advice about a sexual battery charge, contact them today for a free consultation and for the best representation.