Folsom Sexual Assault Lawyer

Sexual assault charges can result in serious penalties. These are not charges you should fight alone. You need to work with an experienced Folsom sexual assault lawyer who will develop an aggressive defense to help you avoid the harshest consequences.

Accused of sexual assault in Folsom, CA? Call Walsh Law today at (916) 610-3558 or use our online contact form to schedule a confidential consultation with one of our Folsom sexual assault attorneys.

What Is Sexual Assault in California?

Sexual assault and battery (California Penal Code Section 243.4 PC) is defined as the non-consensual touching of another person’s intimate body parts for sexual arousal, gratification, or abuse. This offense is a “wobbler” and may be charged as either a misdemeanor or a felony.

In some states, sexual assault and rape are used interchangeably. That is not true in California. Unlike sexual assault, rape must involve sexual penetration or sexual intercourse. Thus, it is possible to be charged with both offenses at once.

Elements of Sexual Assault

Folsom prosecutors must prove three essential elements to convict you of sexual assault:

1. Touching of an Intimate Body Part

The prosecution must prove that you touched an intimate body part of another person.

The touch may occur directly, through your clothing or the alleged victim’s clothing. If there is contact with the bare skin of the alleged victim, the charge will be a felony. If clothing, blankets, or another item was between the offender and the alleged victim, then the offense may be a misdemeanor unless there are other aggravating factors.

An intimate body part includes a female’s breast or anyone’s anus, groin, sexual organ, or buttocks.

2. Non-Consensual

A violation of California’s sexual assault and battery law requires a lack of consent. In order to consent, the alleged victim must have acted freely and voluntarily knowing the nature of the act to which they were consenting.

It is important to note that a person cannot consent if they are misled about the nature of the act to which they’re consenting. For example, if a doctor tells a person they are performing an exam and the purpose is actually for sexual gratification, then the doctor has committed sexual assault.

3: Purpose of Sexual Arousal, Gratification, or Abuse

The prosecutor must prove that the non-consensual touching was for the purpose of sexual arousal, sexual gratification, or sexual abuse.

Sexual arousal and gratification indicate that you intended sexual pleasure for yourself through the acts that you committed.

Sexual abuse against someone means you intend to injure, hurt, humiliate, intimidate, or cause pain to the intimate body parts. Thus, sexual battery may take place even if you did not intend to enjoy sexual gratification or sexual pleasure for yourself.

Charges Related to Sexual Assault

Sexual assault charges are serious, but you may also be facing other charges that are related to sexual assault and battery, including:

• Rape (California Penal Code Section 261 PC): This felony involves non-consensual sexual penetration or sexual intercourse.
• Battery (California Penal Code Section 242 PC): This wobbler offense involves unwanted or uninvited touching (whether it is sexual or not).

Sexual Assault Penalties in California

Sexual assault and battery in California is a “wobbler” offense. That means it can be charged as either a misdemeanor or a felony depending on the circumstances of the crime.

A misdemeanor sexual assault conviction can result in up to six months in county jail and a fine of up to $2,000. If the alleged victim was your employee, you may face a $3,000 fine. You could also face up to five years of informal (summary) probation. If there are aggravating circumstances, including serious bodily injury to the alleged victim, you may face up to one year in jail for a misdemeanor sexual assault conviction.

If you are charged with a felony sexual assault and battery in California, you could face up to four years in prison, or more if the individual suffered serious bodily injury. You could also be assessed a fine of up to $10,000. This serious offense can also result in Tier 3 sex offender registration for life.

Other Potential Consequences of Sexual Assault

In addition to the criminal penalties of a sexual assault and battery conviction, you could face:

• Community service
• Informal (summary) probation for a misdemeanor
• Formal probation for a felony
• Sex offender registration
• Suspension or loss of professional licenses
• Citizenship or immigration issues
• Loss of civil rights (gun ownership, voting, etc.)

Defenses for Sexual Assault Charges in Folsom

Your situation may seem overwhelming, but you still have options. This is not the end of the road. With the help of Folsom sexual assault attorney Chris Walsh, you can get the best outcome possible. Chris knows how the prosecution develops cases like this because he used to be a prosecutor. Now, he dedicates his legal services to helping people get out of trouble.

The best defense may be able to get your charges reduced or dropped entirely. Some common sexual assault defenses include:

You Had Consent

If the touching was consensual or you had reasonable belief that the alleged victim consented to it, then you should not be convicted of sexual assault. Consent may be shown through texts, emails, voicemails, eyewitness accounts, past actions, and other circumstantial evidence.

You Did Not Touch in a Sexual Manner

We may be able to show that the touching that occurred was not sexual or occurred by mistake. For example, if you accidentally brushed against someone’s chest in a crowd, you should not be charged with sexual battery.

You Were Falsely Accused

False accusations of sexual assault can ruin a person’s life. That’s why it is important to dig into an investigation and find out what really happened. We can do this by determining if there is actual evidence that you committed a sexual battery. We will also undermine the accuser’s credibility to show they were motivated by jealousy, revenge, or anger. There are many tactics we can use to show you were falsely accused.

Sexual Assault Charge FAQs

What is the difference between sexual assault and rape?

Sexual assault and rape both involve intimate touching without consent. However, rape is defined under California Penal Code Section 261 PC and involves actual sexual penetration or intercourse. You may be charged with both offenses at the same time.

Can I be sued for sexual assault?

Yes, California civil courts allow the alleged victim to try to recover damages they incurred due to the offense. This may include medical bills, lost wages, pain and suffering, and more. A civil lawsuit is different than a criminal case and has a lower standard of proof. Thus, the alleged victim can win a civil sexual assault lawsuit even if the offender is not found guilty.

Will I have to be on the sex offender registration list if I’m convicted of sexual assault?

You may have to register as a sex offender if you are convicted of sexual assault. If you are convicted of felony sexual assault, you may even have to register for life. That’s why you must work closely with a sexual assault attorney who can guide you through the legal process and help you avoid the harshest consequences like lifetime sexual offender registration.

Understanding Your Rights After Being Accused of Sexual Assault in Folsom

Facing accusations of sexual assault is an incredibly serious and stressful experience. It is vital to understand your legal rights and the steps you should take to protect yourself during this challenging time. This guide outlines your key rights and the importance of legal representation to ensure your defense is as strong as possible.

1. Right to Remain Silent

One of the most critical rights you have is the right to remain silent. Anything you say can be used against you in court, so it's crucial to avoid making any statements to law enforcement without an attorney present. Politely inform officers that you choose to exercise your right to remain silent until you have consulted with legal counsel.

2. Right to an Attorney

You have the right to legal representation. An experienced attorney can provide crucial guidance, help you understand the charges against you, and develop a strategic defense plan. They will be your advocate throughout the legal process, protecting your rights and working towards the best possible outcome.

3. Right to a Fair Trial

Every accused individual is entitled to a fair trial. This means you should expect due process, where your case is heard impartially, evidence is presented according to legal standards, and you have the opportunity to defend yourself against the charges.

4. Importance of Legal Counsel

Do not underestimate the importance of having an attorney with experience in sexual assault cases. They can assist you in several ways, including:

• Evaluating Evidence: Your attorney can analyze the evidence against you, identifying any weaknesses or inconsistencies that can be challenged.
• Building a Defense: They will work with you to gather evidence, find witnesses, and develop a defense strategy tailored to your case.
• Negotiating with Prosecutors: An attorney can negotiate with prosecutors to potentially reduce charges or secure a plea agreement that minimizes legal consequences.
• Representing You in Court: Should your case go to trial, your attorney will represent you, presenting your defense and advocating on your behalf.

5. Understanding Potential Legal Consequences

Being accused of sexual assault can lead to severe legal consequences, including imprisonment, fines, and mandatory registration as a sex offender. These penalties can have lasting effects on your personal and professional life, making skilled legal representation essential.

Understanding your rights and the legal protections available to you is fundamental when facing accusations of sexual assault. Knowing your rights and having the right legal support will help you navigate the complexities of the legal system in Folsom with confidence and clarity. 

Get Help from a Folsom Sexual Assault Lawyer

Sexual assault and battery penalties can be devastating. They will ruin your reputation and your future. At Walsh Law, our Folsom sexual assault lawyers know what you’re facing and how to get your charges reduced or dismissed entirely. The sooner you , the sooner you can return to your normal life.

Call (916) 610-3558 today or fill out our secure contact form to schedule a free and confidential consultation with our Folsom sexual assault attorney.