Are you facing sexual assault and battery charges in San Jose, CA? Before talking to the police, it’s important to understand your rights and get immediate legal guidance from an experienced San Jose sex crimes lawyer at Ahmed & Sukaram, Criminal Defense Attorneys at (408) 217-8818 to schedule a confidential consultation.
Allegations like these carry severe criminal penalties and personal consequences that are hard to imagine.
Law enforcement and prosecutors in Santa Clara County take these cases extremely seriously, and every statement you make early on can have a long-term impact.
We have over 30 years of combined experience. Contact us today!
Why Choose Ahmed & Sukaram to Help Me if I’m Arrested for Sexual Assault and Battery in San Jose?
If you’re facing sexual assault and battery charges in San Jose, CA, having the right attorney can make all the difference. Ahmed & Sukaram bring decades of experience protecting clients in California’s courts. We know the law, the local prosecutors, and what you stand to lose in cases like these.
Here’s why so many people choose our San Jose battery lawyers for their most challenging cases:
- CA State Bar Certified Specialist in Criminal Law
- Honored as members of the National Trial Lawyers Top 100
- More than 50 jury trials successfully defended
- Over 3,000 criminal cases won
Trying to navigate sexual assault and battery charges is overwhelming, even when you have a lawyer by your side. We’ll do everything we can to make it as simple as possible for you. Reach out today to schedule a consultation with one of our San Jose criminal defense lawyers.
Overview of Sexual Assault and Battery in California
In California, sexual assault/battery is defined as any non-consensual sexual contact. The following are the specific types of sexual battery that can occur under the law:
Sexual Battery Involving Restraint
This occurs when someone unlawfully restrains another person, using physical force, threats, or any means of preventing their movement, and then touches an intimate body part for sexual arousal or satisfaction, or to degrade or abuse.
Sexual Battery Against A Dependent or Institutionalized Adult
This subsection of the offense is charged when the accused knowingly touches a private area of a person hospitalized or otherwise institutionalized for medical care or treatment, and that person is gravely disabled or incapable of consenting.
Sexual Battery by Fraudulent Professional Pretense
This occurs when someone is misled into submitting to a sexual act because they believe it serves a legitimate professional purpose. Typical cases can involve therapists, doctors, or other trusted professionals who provide a false reason for the touching.
Sexual Battery by Compelled Touch or Masturbation
Here, a defendant causes someone else, who may be restrained, incapacitated, or unable to freely choose, to either touch themselves, the defendant, or another person’s intimate area, or to masturbate.
Simple Sexual Battery
This is the form most people think of: any uninvited sexual touching, even if minor or brief, that is done for sexual gratification, arousal, or abuse.
Sexual assault/battery does not require penetration of any kind. Even limited or brief bodily contact can lead to criminal charges.
What Are the Penalties for Sexual Assault and Battery in San Jose, California?
The consequences for a sexual assault or battery conviction vary depending on the circumstances of the case. If there are no major aggravating factors, sexual battery is usually charged as a misdemeanor. This can result in up to six months in jail and a maximum fine of $2,000.
If the case involves aggravating factors, the charge can be increased to a felony. A felony conviction can bring up to four years in state prison.
Sexual assault/battery is a wobbler offense, which means it can be charged as a misdemeanor or a felony, depending on what the prosecutor decides.
What Defenses Can Be Raised if I’m Arrested for Sexual Assault and Battery?
Sexual assault and battery accusations are serious, but there are defenses that can be raised to fight for your innocence:
Consent
If there’s clear evidence that both parties voluntarily agreed to the contact, consent can be a strong defense. This could include surveillance footage, witness testimony, text messages, or any other evidence that points to consent.
False Allegations
Sometimes charges result from arguments or even an attempt to gain an upper hand in family court and custody disputes. Your attorney can uncover motives for the false claim and bring forward alibi evidence or contradictions in the testimony.
Accidental or Incidental Contact
If any contact was truly accidental or happened in a non-sexual context (such as movement in a crowded space or by mistake), it may not meet the definition of sexual assault or battery under California law.
No Sexual Intent
The prosecution must prove beyond a reasonable doubt that touching was done for sexual gratification, arousal, or abuse. If there’s no evidence of sexual intent, this could lead to a not guilty verdict.
Talking with a lawyer right away gives you the best chance to protect your future.
Being arrested for sexual assault or battery puts your freedom and future at real risk, but you do not have to go through this alone. Being convicted isn’t automatic, and skilled legal representation can make a crucial difference for your case, from exploring possible defenses to protecting your reputation throughout the legal process.
You deserve to have your side heard and all available evidence reviewed. If you’re under investigation or facing charges, call Ahmed & Sukaram to schedule a consultation with a San Jose battery lawyer.