Prior Convictions and Sexual Battery

Sexual battery can be charged in a California domestic violence case involving intimate partners. The term 'intimate partners' applies to any couple - heterosexual, same-sex, married, divorced, living together, and individuals who have children in common or are dating or formerly dating.

Sexual battery is a California domestic abuse law known as a "wobbler" because it can be charged as either a misdemeanor or a felony depending on the severity of the individual case. If a person touches an intimate part of another against that person's will for the purpose of sexual arousal, sexual gratification or sexual abuse, he or she may be charged with sexual battery as a misdemeanor.

In a sexual battery case, any physical contact can be considered "touching," whether it occurs directly or through the clothing of one of the individuals involved. Even a partner involved in an ongoing intimate relationship can face sexual battery charges in California.

When charged as a misdemeanor (with no aggravating circumstances), sexual battery carries a maximum of a six-month jail sentence and a $2,000 fine. However, if the touching takes place while the accuser is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail term may increase to a maximum of one year or the crime may rise to a felony, punishable by a maximum of four years in the state prison and a $10,000 fine.

A four-year prison sentence is the maximum amount of prison time that a defendant convicted of sexual battery as a felony could possibly serve. The law says nothing about mandatory jail or prison time for an offender. If the accused has no prior criminal history, if this charge is his or her first domestic abuse charge or if the facts surrounding this allegation aren't too horrifying, an experienced criminal defense lawyer may be able to convince a court to impose probation conditions that don't include imprisonment.

However, if the defendant has a prior conviction for sexual battery and, in the pending case, the accused commits another sexual battery under certain conditions listed above (while the intimate partner is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious) and the intimate partner was a minor (a person under 18) at the time of the alleged offense, he or she will automatically be charged with a felony punishable by at least two years in state prison and possibly up to four. In addition, he or she will still face up to $10,000 in fines. It is also worth mentioning that an individual who commits a sexual battery against a minor will likely face additional criminal charges as well and should immediately contact an attorney upon an accusation.

Unfortunately, the judge is not the only one who hears about the defendant's prior domestic violence convictions. While most criminal cases exclude prior conduct from evidence, domestic abuse crimes are an exception. Evidence of the defendant's prior acts of intimate partner violence (any prior acts, sexual battery or otherwise) are admissible against the accused in a jury trial. This means that a jury will be allowed to hear that the accused has committed similar offenses in the past and, as a result, they are likely to conclude that he or she did so again.

This is another reason why it is so important for an accused - especially an accused who has a history of prior domestic abuse - to retain legal counsel that has experience dealing with California intimate partner abuse cases and is familiar with all of the issues that prior acts of domestic violence raise. The attorneys from the Kavinoky Law Firm have successfully defended countless individuals who were facing sexual battery charges. They receive on-going education and training in this specific area of the law, which is directly responsible for their outstanding results. An experienced defense lawyer can answer any questions about a sexual battery charge in California domestic violence case during a free consultation.