Sexual Battery is a very serious charge that can devastate your life, your career, and your family. San Diego Police and District Attorneys investigate and prosecute these cases very aggressively. The best lawyers will conduct a similarly aggressive investigation to exonerate you. MyCriminalDefense lawyers have the experience, skills, and resources to get you on an even playing field and to fight back.
What is Sexual Battery?
Penal Code §243.4 defines Sexual Battery as a crime committed by any person who touches an intimate part of another person without that person’s consent while that person is unlawfully restrained and for the purpose of sexual gratification.
What Must The Prosecution Prove to Convict Someone of Sexual Battery?
In order to be found guilty of Sexual Battery, the prosecution must prove beyond a reasonable doubt that the defendant:
The defendant unlawfully restrained the victim, and without the victim’s consent, touched an intimate part of the victim for the purpose of sexual gratification, arousal or abuse.
The attorneys at MyCriminalDefense are very aggressive when it comes to defending sex crimes. For the crime of sexual battery, like sexual assault, our defense team consists of a professional investigator, a sex crimes expert and the attorney who has defended his clients many times over against unfounded sex crime allegations.
We evaluate the accusations, and if we are fortunate enough to be in the pre-arraignment period (before charges are filed) we commit all of our efforts to obtaining evidence that that shows that the allegations are false and that the evidence points clearly towards our client’s innocence. We remember that our mission is accomplished if we can produce even a reasonable doubt as to the allegations because, with reasonable doubt, the prosecutor has a sworn duty to reject the allegations against our client.
Defending Sexual Battery Charges
Our defense team sets out to identify and interview any witnesses that may have a substantial bearing on the way the prosecution views the complainant’s allegations. Since a material element involves the non-consent of the victim, interviews of eyewitnesses are often critical in establishing that the victim, in fact, did consent to the sexual contact.
In one of our cases, we interviewed at least a half dozen witnesses at a party who all gave sworn statements that the alleged victim was “bumping and grinding” against our client during a couple of rap dances. The accounts given by every witness verified our client’s assertion that the victim used her hands aggressively and sexually against our client. Reports were prepared of these sworn statements and given to the District Attorney who sent their own investigators who confirmed the accounts of our witnesses. As a result of this swift pre-arraignment defense strategy, the DA refused to prosecute our client.
Sexual Battery is a very serious charge requiring the skill and expertise of an experienced criminal defense team like MyCriminalDefense. Please don’t try to be your own defense attorney.
Contact MyCriminalDefense today to set up a FREE confidential consultation to protect your freedom and reputation against unjust prosecution!!
Our attorneys initially attempt to carry out these defense strategies before the District Attorney has made a decision on whether or not to file charges. By presenting favorable sworn statements, polygraph results and psychological evaluations of our clients, we are often able to convince the District Attorney to reject the case and not file charges.
If our clients hire us too late to conduct a pre-file defense, we can often employ the very same defense strategies to convince the District Attorney that they don’t have sufficient evidence to move forward with the prosecution. We actively lobby for a dismissal of all charges which we have been very successful in accomplishing.
In the event, the District Attorney refuses to dismiss the charges, we are ready to go to trial and win a not guilty verdict on our client’s behalf. Because we have prepared so thoroughly and so early in the case, we are a step ahead of the prosecution and find that we are much better prepared at trial than they are. Our percentage of not guilty verdicts is very high because of how thoroughly we prepare our client’s defense and how much more prepared for trial we are than our opponent. WE NEVER ALLOW OUR OPPONENTS TO OUT PREPARE US! WE PRIDE OURSELVES ON OUR TRIAL DEFENSE PREPARATION!
My Criminal Defense has successfully defended many clients who have been falsely accused of Sexual Assault by conducting a thorough investigation of the facts of each of our clients’ cases. Our criminal defense attorneys have extensive experience handling such cases and, with our defense team of investigators and experts, our attorneys can help defend your legal rights and protect you against wrongful and unjust prosecution.
With more than 27 years of experience serving as a legal sex crime defense team in San Diego, we pride ourselves in our ability to create successful strategies that will protect your life and freedom. TAKE IMMEDIATE STEPS TODAY to protect your life and freedom. Call Us Now to set up a FREE confidential consultation.