Sexual Assault Defense Lawyer in San Diego

California Sexual Assault Laws

California’s sexual assault laws outlaw unwanted sexual acts with another party’s intimate body parts, as well as making sexual contact without consent. The California Penal Code Section 243.4 states that ‘intimate parts’ are the other person’s sexual organs, anus, buttocks, groin, or breast of a female. If the alleged sexual assault is followed by intercourse without consent, the crime is charged as rape. State law also defines various types and degrees of sexual assault, such as sodomy, sexual battery, lewd conduct, indecent exposure, child sexual abuse, and attempted rape.

Proving sex without consent in California requires the prosecutor to prove the following against the accused:

• The defendant made contact with the intimate parts of the alleged victim while they were retrained by the accused or another party.
• The sexual touching was against the plaintiff’s will.
• The defendant planned to engage in the sexual touching without the consent of the alleged victim for their sexual arousal, abuse, or gratification.

If there is a conviction, the penalties can be up to a year in county jail and a fine of $2,000. However, the California Penal Code also allows for a prison term of up to four years and a $10,000 fine. You also may be required to register as a sex offender for life. A first-degree felony sexual crime can be punished by up to life in prison, depending on the case details. Sexual assault cases are known as ‘wobblers’ in California, meaning they can be charged as misdemeanors or felonies.

It’s essential to consult immediately with experienced sexual assault attorneys to avoid a conviction and receiving the harshest penalties.

The Sex Offender Registry

Jail time, fines, and probation aren’t the only penalties if you’re found guilty of sexual assault and violence in California. You also may be placed on the sex offender registry for engaging in unwanted sex with force. Once your name is on the sex offender registration list, you must notify law enforcement every time you move. This requirement is burdensome, and the public can easily search your name and photo. Being on the sex offender registry can make it difficult to obtain housing, employment, and educational opportunities.

California used to require all sex crime offenders to register for life. However, in 2021, California law created a tiered system:

• Tier One: Those persons convicted of the least severe sex crimes must be on the sex offender registry for at least 10 years.
• Tier Two: Those persons convicted of mid-level sex crimes must be on the registry for at least 20 years.
• Tier Three: Those persons convicted of the most severe sex crimes must be on the sex offender registry for life.

You should talk to an experienced sexual assault and violence attorney if you have questions about the sex crimes registry and the legal process.

Frequently Asked Questions

It’s understandable to have questions if you were charged with sexual assault in San Diego. Below are the most common questions we receive about sexual assault:

• How much does a defense attorney cost in California?
  In San Diego, the cost of your criminal defense attorney depends on the situation and legal complexity. Many criminal law firms charge either a flat or hourly fee for sexual assault and other crimes. It’s also possible to pay a flat fee and an hourly rate.
  
  A flat fee is a set price the defendant pays the attorney, usually for a certain stage of the case process. The advantage of a flat fee is knowing what you are paying, regardless of the number of attorney hours worked. However, many lawyers won’t use a flat fee if the sexual assault case appears complicated because they may anticipate more hours on your case.
  
  Paying by the hour is typical for more complex criminal cases. This payment arrangement ensures they are paid for all their hours of legal work and research for you. The amount per hour depends on the attorney’s experience and education, among other factors. You can expect to pay between $200 and $500 per hour. Many criminal defense attorneys require clients to pay a deposit or retainer.
  
  Ensure that you understand how your attorney bills before you agree to have them represent you.
  
  
  
• How do I defend myself against sexual assault charges?
  There are several important ways to defend yourself against a sexual assault charge. First, hire a criminal defense attorney if you are being investigated for a sex crime. The sooner you have an attorney, the better the chances of a favorable result.
  
  Second, don’t attempt to contact your accuser. Trying to contact your accuser could make things significantly worse. Only talk about the case with your criminal defense attorney.
  
  Third, give your sexual assault defense attorney any evidence you have to disprove the allegations. Important evidence may be cell phone and social media messages, video camera footage, or photos taken during the alleged incident. The more evidence provided, the better the chances of being acquitted.
  
  Fourth, painstakingly document your version of events. Witness testimony isn’t always reliable because memories and motivations differ from person to person. Write down or video everything you remember about the days and moments leading up to the incident and what happened during the incident. Turn every documented detail of the events over to your lawyer.
  
  
  
• What are the three main defenses to a sexual assault accusation?
  There are many possible defenses to criminal offenses and allegations of sexual assault. The most common are:
  
  • Mistaken identity: This means that the accused was not the person who committed the alleged sexual assault. Mistaken identity can be proven if you can provide a strong alibi showing you weren’t at the scene of the alleged crime.
  • Consent: This defense means that the accused had consent to engage in sex with the other party.
  • Mistaken belief in consent: This means that the accused thought that they had consent for the sexual activity.
    
    Make sure that you speak to an experienced sexual assault attorney immediately to build the best defense.
    
    
• Can PC 288 be a misdemeanor?
  In most cases, a PC 288 offense is considered a felony. However, there are exceptions, which is why some legal experts consider PC 288 a “wobbler,” meaning it could go either way. For example, PC 288 offenses are sometimes considered misdemeanors as part of a plea bargain, when they involve first-time offenders, when the age difference between the alleged victim and offender is relatively small and when there is no provable sexual intent.
  
  
• Does conviction under PC 288 require penetration?
  It’s a common misconception that a PC 288 offense needs to involve sexual penetration or sodomy in order to result in a conviction. Any inappropriate touching, fondling or sexually explicit behavior with the intent to cause arousal can result in conviction.