Being charged with sexual assault or battery in Redwood City, CA, can turn a defendant’s entire life upside down overnight. The legal system in California takes these accusations extremely seriously, and even a mere allegation can impact every single aspect of your life. Many people facing these charges are overwhelmed by fear, confusion, and uncertainty about what to do next.
You need an attorney who will listen to your side and answer your questions without judgment. With skilled legal guidance from Ahmed & Sukaram, Criminal Defense Attorneys, in Redwood City, it’s possible to challenge the allegations. Contact us today at (650) 299-0500 to schedule a confidential consultation with our Redwood City sexual assault and battery attorneys.
Why Hire Ahmed & Sukaram, Criminal Defense Attorneys If You’re Arrested for Sexual Assault and Battery in Redwood City, CA?
Sexual assault and battery charges in Redwood City, CA, can bring lifelong consequences, making it critical to have the right criminal defense team from the very beginning. At Ahmed & Sukaram, Criminal Defense Attorneys, we know these cases are complex and high-stakes.
Advantages of choosing our Redwood City sex crimes lawyer include:
- Our attorneys have 30 years of combined experience
- A member of our team is a CA State Bar Certified Specialist in Criminal Law
- Recognition among National Trial Lawyers Top 100
- Consistently rated by Super Lawyers for skill and client service
- A record of over 50 jury trials and over 3,000 cases won
You can trust that we know how to challenge evidence in California cases involving sex crimes. Reach out today to schedule a case consultation with our Redwood City criminal defense lawyers.
Overview of Sexual Assault and Battery in California
Sexual assault and battery charges in California cover a wide range of unwanted sexual conduct.
Sexual Battery
Sexual battery usually means any intentional touching of another person’s private or intimate parts without their permission. This can also apply if you force or trick someone into touching your body or someone else’s.
Sexual battery charges may become much more serious if there’s unlawful restraint, like holding someone down, or if consent is gathered by trickery (such as pretending to be a doctor. Sexual battery can also happen if the victim is unable to consent, whether due to being drugged, drunk, intoxicated, asleep, or because of a mental disability.
Sexual Assault
Sexual assault, commonly referred to as rape in California, is non-consensual sexual intercourse, meaning any form of penetration without the person’s agreement. Prosecutors must prove that the act happened because of force, intimidation, threats of harm, or when fear is used to get compliance.
Legal definitions of sexual assault also include intercourse obtained by fraud; for example, when someone is misled or lied to about what’s really happening. Sexual assault includes situations when the victim cannot freely give consent due to age, intoxication, unconsciousness, or a qualifying mental health condition.
Our Redwood City sex crimes attorneys can assist clients facing these severe allegations.
What Are the Penalties for Sexual Assault and Battery Convictions in Redwood, California?
If you are charged with sexual assault or battery in Redwood City, the penalties can be harsh and have significant consequences.
Penalties for Sexual Battery
This charge is a wobbler, meaning it can be charged as a misdemeanor or a felony.
Misdemeanor Sexual Battery Penalties
Misdemeanor sexual battery can lead to up to 6 months or 1 year in county jail (depending on how the charge is brought), fines up to $2,000 or $3,000, and possible informal probation.
Felony Sexual Battery Penalties
Felony sexual battery carries a sentence of 16 months, 2, 3, or even 4 years in state prison, plus fines as high as $10,000. In limited situations, formal probation may be possible.
Sex offender registration is required for those convicted of most sexual battery offenses, lasting 10 years (Tier 1), 20 years (Tier 2), or a lifetime for more serious offenses (Tier 3).
Penalties for Rape (Sexual Assault)
Sexual assault, legally called rape, is always charged as a felony in California.
Penalties can include:
- If the alleged victim is an adult, typical sentences are 3, 6, or 8 years in state prison.
- For cases involving a minor, penalties range from 7, 9, to 11 years, with even harsher sentences if the victim was under 14 and force was used.
- Extra years in prison can be added if there are aggravating factors, like a weapon was involved, there was great bodily injury, multiple victims, or there was a kidnapping.
The fine for felony sexual assault may be up to $10,000, and for most cases involving force, probation is generally not allowed. Sex offender registration is mandatory for people with felony sexual assault convictions, and it is usually Tier 3 (lifetime registration).
Our Redwood City sexual assault and battery attorneys can help you navigate the legal process and fight for your rights every step of the way.
What Defenses Can Be Raised If I’m Arrested For Sexual Assault and Battery?
If you’re accused of sexual assault or battery in Redwood City, several different defenses might apply depending on the exact charge and details of your case.
Common legal defenses in these cases include:
- Consent: Arguing that both people willingly agreed to the acts, and no force or threats were involved.
- False Allegations: The defense can present evidence that the accusation was invented or made out of anger, jealousy, or other motivation.
- Mistaken Identity: Sometimes, victims or witnesses make mistakes in recognizing a person under stressful conditions. This defense argues you are simply not the right person accused.
- Insufficient Evidence: Challenging the amount or reliability of the evidence against you is also an option. This might include questioning physical evidence, timelines, or witness stories, and arguing that the prosecutor hasn’t proven your guilt beyond a reasonable doubt.
- Violation of Constitutional Rights: If the police carried out an illegal search, arrest, or failed to read Miranda rights, parts or all of the case may be thrown out.
A Redwood City criminal defense attorney can carefully examine what happened and what evidence the prosecutors have. Our team can work to build the strongest case possible.
If you are under investigation or have been arrested for sexual assault or battery in Redwood City, acting quickly can protect both your legal rights and your peace of mind. The penalties for these charges are severe, but with an experienced criminal defense attorney from Ahmed & Sukaram, Criminal Defense Attorneys, on your side, you’ll have someone who knows how to question the evidence and fight for your future.
Don’t take risks by trying to handle things on your own or by talking to the police without legal assistance; having the right lawyer could mean the difference between a conviction and being able to move forward with your life. Reach out as soon as possible to start building your defense and schedule a consultation with a Redwood City sexual assault and battery lawyer.