Sexual battery, when committed against one’s intimate partner, will be prosecuted as a California crime of intimate partner abuse. One’s intimate partner within the GLBT community may be his or her partner or former partner in a civil union, the person with whom he or she lives or lived, the person whom he or she is or was dating or the person with whom he or she has children.

Sexual battery is what’s known as a “wobbler,” meaning that the offense can be charged as either a misdemeanor or a felony depending on the severity of the individual case. If a person touched an intimate part of his or her partner against that partner’s will for the purpose of sexual arousal, sexual gratification or sexual abuse, he or she may be charged with sexual battery as a misdemeanor. “Touching” can be any physical contact – however slight – whether accomplished directly, through the clothing of the accused, or through the clothing of the accuser. It is important to understand that this crime may be charged even between partners involved in an on-going, intimate relationship. When charged as a misdemeanor, sexual battery carries a maximum of a six-month jail sentence and a $2000 fine. However, if the touching takes place while the accuser is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail sentence may increase to a maximum of one year or the crime may rise to a felony, punishable by a maximum of four years in the state prison and a $10,000 fine. In addition, an individual convicted of sexual battery must register as a sex offender, pursuant to the California Penal Code, section 290.

Because the consequences of a sexual battery conviction can be so severe, it is vital to hire a skilled California domestic violence attorney. The gay friendly, criminal defense lawyers at the Kavinoky Law Firm specialize in California crimes of domestic abuse and are dedicated to protecting the rights of any client accused of sexual battery. They maintain an exceptional success record and are here to help.

Many California intimate partner violence charges, including sexual battery, may require that in addition to jail/prison time and fines, the defendant participate in a batterer’s education program or other similar types of counseling and/or classes. The accused may also face professional licensing issues and, if convicted, will definitely face firearm restrictions.

The penalties that a sexual battery conviction carries are serious and possibly even life altering, but there are many defenses available, such as consent, insufficient evidence and innocence. An experienced California domestic violence lawyer will focus on the accuser’s motives and credibility, any supporting medical and/or physical evidence and possible lesser-included offenses. Sometimes the accused faces false allegations based on factors such as jealousy or revenge, or even good-faith accusations that simply don’t warrant criminal prosecution. Contacting a skilled defense attorney as soon as possible allows the attorney to question witnesses and examine evidence soon after the event, providing the best opportunity for a successful defense.

An assertive attorney will cast reasonable doubt in the juror’s minds by brining out the inconsistencies in the alleged facts. He or she will effectively cross-examine witnesses and leave the jury with the understanding that DV charges are usually based on an intense, highly emotional incident that always reveals at least two sides to the story.

The LGBT supportive attorneys at the Kavinoky Law Firm vigorously defend their clients with integrity and skill and treat each with compassion and respect. They understand that their non-heterosexual clients may have unique privacy concerns and will likely face additional challenges that their “straight” counterparts may not. They are sensitive to those issues and will do their best to see to it that the judge and jury relate to their client as a person, casting aside any negative biases they may otherwise have about same sex relationships. Contact the Law Offices of Darren Kavinoky today for a free consultation.