Sexual battery may be charged when an individual touches another either directly or through either person’s clothing in a sexual manner against the other person’s will. When the person being touched is the individual’s intimate partner (that is, a person with whom he or she is or was romantically involved), the charge will be filed as a crime of domestic abuse in California. If convicted of this offense, the accused faces up to four years in the state prison and a maximum $10,000 fine. Furthermore, the accused will face a variety of additional consequences, some that are mandatory and others that are not, that are applicable to domestic violence sex crimes.

Professional license issues, such as a license suspension or revocation, may face the accused but are not a part of sentencing. California law permits a licensing board to suspend or revoke a professional license if the individual who holds the license has been convicted of a crime that substantially relates to the functions, qualifications or duties of the profession or business for which his or her license was issued. There are, however, certain licensing boards that maintain their own professional standards (surgeon and physician boards for example) that may impose discipline upon a license holder based solely on the crime committed without regard for the similarity between the conviction and the individual’s job. The manner in which the defendant was convicted is irrelevant, as a suspension or revocation may follow a trial or a guilty or “no contest” plea and the restriction may be imposed once the defendant has been placed on probation, once his or her conviction has been confirmed on appeal or once the period of time within which to file an appeal has lapsed.

Professional license restrictions may be avoided if the accused hires an experienced defense lawyer who can successfully articulate the reasons that an intimate partner abuse sexual battery conviction would not substantially relate to the qualifications, functions or duties of his or her client’s job. A gay friendly attorney would be able to further recognize and defend against an illegal attempt by an intolerant or homophobic board to discipline an otherwise competent license holder based on the fact that his or her sexual orientation was publicly revealed.

The consequences facing an individual charged with a DV sexual battery charge are severe enough without the added pressure of possibly losing his or her professional license which could, in effect, end that individual’s career. This is just one reason why it is so important for the accused to immediately hire a skilled California domestic violence lawyer immediately after a sexual battery arrest who can begin building a defense right from the start to help avoid these devastating ramifications. The GLBT supportive attorneys at the Kavinoky Law Firm specialize in California crimes of domestic abuse and are among the best criminal defense lawyers in the state. With law offices in Los Angeles and throughout California, their help is only a phone call or click away. For legal advice about a sexual battery charge and its possible consequences, contact them today for a free consultation.