Sexual battery, when charged as a California crime of domestic abuse, occurs when an individual touches his or her intimate partner in a sexual way for his or her own gratification against that partner’s will. With respect to the gay community, one’s intimate partner may be his or her partner or former partner in a civil union, the person with whom he or she lives or previously lived, the person with whom he or she has children or the person whom he or she is or was dating.

If convicted of this offense as a misdemeanor, the accused faces up to one year in county jail and a maximum $2,000 fine. If convicted of this crime as a felony, the sentence increases to a minimum of two years in the state prison, and as many as four, and a maximum $10,000 fine. While these penalties may seem stiff, they are by no means exhaustive as there are other consequences that a convicted individual will face. In addition, the fines and jail/prison time just stated may be further increased if there were aggravating factors that coincided with the charged incident or if the defendant has a prior sexual battery conviction. These are just some of the reasons why it is so important for an individual accused of a DV sexual battery conviction to hire a California domestic violence attorney who knows the most successful ways to ward off these severe penalties.

The punishment imposed with a sexual battery conviction, in addition to the fines and jail/prison time previously mentioned, will generally involve a probationary sentence. If the defendant is granted probation, there are specific terms of probation that he or she must complete. These terms of probation are general to almost all domestic violence cases and include the booking process, being named as the restrained party in a criminal protective order, participation in a batterer’s class, additional fines and participation in a community service project.

Perhaps the most devastating penalty that is imposed when one is convicted of sexual battery is that he or she must register as a sex offender. Registration is for life, has many requirements, and if those requirements aren’t met, the convicted faces additional penalties, including additional time in jail and/or prison. A defendant convicted of sexual battery will also be required to pay an additional $200 - $300 fine for committing the offense, which will be paid to the Department of Justice.

A conviction for sexual battery may also bring professional licensing restrictions if it is proven that the battery substantially relates to the defendant’s job. Sometimes it isn’t even necessary for the crime and the job to be substantially related, as there are certain professions that may revoke a license without hesitation when convicted of any sexually related crime, regardless of the circumstances. Firearm restrictions will also remain in effect for an individual who has been convicted on this charge.

It should also be noted that civil penalties might additionally face an individual accused of sexual battery. If sued in civil court, the accused faces additional heavy fines but cannot be sentenced to any additional jail or prison time.

The consequences facing an individual charged with this offense are severe and possibly devastating, both emotionally and financially. In order to best avoid these ramifications, it is vital that the accused contacts the unparalleled GLBT criminal defense lawyers at the Kavinoky Law Firm. With law offices located in Los Angeles and throughout California, they are available to help anyone accused of a D.V. crime in this state. They specialize in domestic violence and know how to effectively handle any challenge that is thrown their way, including the unique issues that their gay, lesbian, bisexual and transgender clients face and raise. To secure the best representation, contact them today for a free consultation.