In San Diego sexual assault is charged through sexual battery charges. Sexual battery involves the unlawful touching of another\u2019s private parts motivated by a desire to sexually arouse or gratify themselves or offend or abuse the other person. It is important to note that even touching through a person’s clothes is enough for sexual battery. If you have any doubts about this, best to reach out to a well-versed lawyer for clarification<\/a>.<\/p>\n In consideration of the seriousness of sexual battery,\u00a0California has criminalized it under Penal Code section 243.4. Under this law, \u201cAny person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).\u201d<\/p>\n Basically, to convict someone of PC 243.4, the prosecutor must prove each of the following elements:<\/p>\n The willful and unlawful touching of another\u2019s private parts is a wobbler. A wobbler is a charge that the prosecutor has discretion to file as either a misdemeanor or a felony. In sexual battery cases, the issuing attorney at the District Attorney\u2019s Office determines the severity of the charges based on the following factors:<\/p>\n Penal Code section 290 requires anyone\u00a0convicted under Penal Code section 243.4 for sexual battery to register as a sex offender in California. Sex offender registration is a lifetime duty that requires a person to provide local law enforcement agencies\u00a0with a\u00a0head shot, known aliases, general description, latest address, and details of the offense and conviction. Also, a\u00a0registered sex offender will have to update this\u00a0information with DOJ annually, within five working days of their birthday and each time they change residence, within five days of the move. All of this\u00a0information\u00a0goes on a registered sex offender database that is\u00a0published by the California Department of Justice on\u00a0Megan’s Law web site. Megan’s Law\u00a0web site gives the general public access to the registered sex\u00a0offender’s information. The Sex Offender Tracking Program will be responsible for updating a\u00a0registered sex offender’s\u00a0information on the web site daily, keep track of the next required update, and if a registered sex offender is in violation notify the public that the sex offender registrant may pose a risk. You do not want to be labeled a predator and have to go thru this hassle the rest of your life. Contact experienced criminal defense attorney Vik Monder at (619)405-0063 now so that he can help you\u00a0avoid this detriment while you still can. The reality is that once you have been convicted\u00a0for a sexual battery it will be too late. You cannot opt out of registering or purposely fail to register as a sex offender, doing so will only result in additional felony charges against you!<\/p>\n In addition\u00a0to the criminal penalties under PC 243.4, a defendant who is not a U.S. citizen and is convicted of sexual battery\u00a0will face immigration consequences. Sexual battery\u00a0is a crime of violence that if convicted as a felony will be automatically considered an aggravated felony if a sentence of one year or more is imposed. Sexual battery\u00a0is also considered a crime or moral turpitude.\u00a0Crimes of moral turpitude are offenses that the U.S. government considers go against society’s standards of morality. Consequently, a conviction for sexual battery or prostitution\/ solicitation\u00a0could\u00a0render a non U.S. citizen defendant inadmissible. Inadmissibility means that the defendant will not be eligible for a green card, citizenship or be\u00a0allowed to re-enter the U.S. If you are facing charges\u00a0of sexual battery\u00a0under California Penal Code 243.4, you may\u00a0be subject to removal or deportation proceedings if convicted. This does not have to happen to you, contact attorney Vik Monder, he will fight to keep everything you have worked so hard to build a life in this country! At Monder Law Group, we know\u00a0the immigration implications your charges carry and we\u00a0will ensure that your\u00a0defense strategies focuses on avoiding these detrimental consequences at all cost.<\/p>\n These are some of the criminal defenses that we can assert on your behalf to help you overcome the charges sexual assault\u00a0filed against you:<\/p>\n If you are being charged with sexual assault\/battery charge, make sure to contact experienced criminal defense attorney Vik Monder in order to get your best defense prepared as soon as possible. Sexual assault\/battery requires convicted defendant\u2019s register as sex offenders for life. The sooner you call experienced attorney Vik Monder, the better chance you will have at beating your case and getting it dismissed. All sex crime charges<\/a>, such as charges for rape<\/a> or charges for sexual assault and battery are serious charges that can change your life. Do not cheat yourself and hire an experienced attorney that knows how to fight for your rights and get you the results you deserve!<\/p>\n Sexual Battery in San Diego In San Diego sexual assault is charged through sexual battery charges. Sexual battery involves the unlawful touching of another\u2019s private parts motivated by a desire to sexually arouse or gratify themselves or offend or abuse the other person. It is important to note that even touching through a person’s clothes […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-372","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\nUnderstanding Penal Code Section 243.4<\/h2>\n
How can the prosecutor prove sexual battery?<\/h2>\n
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Sexual Battery Can Be Filed\u00a0As a Misdemeanor or a Felony<\/h2>\n
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Misdemeanor Sexual Battery\u00a0Penalties<\/h3>\n
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Felony Sexual Battery\u00a0Penalties<\/h3>\n
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Implications of PC 290\u00a0for Sexual Battery<\/h2>\n
Immigration Implications for\u00a0Sexual Battery<\/h2>\n
How We Can Prove You Are Not Guilty of Sexual Battery in San Diego<\/h2>\n
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Securing Your Best Defense against Sexual Battery Charges in San Diego<\/h2>\n
Contact San Diego Sexual Battery\u00a0Criminal\u00a0Defense Attorney Vik Monder for a FREE\u00a0consultation today at:\u00a0619-405-0063<\/a><\/h4>\n","protected":false},"excerpt":{"rendered":"