Mandatory Terms of Probations in a Sexual Battery Conviction
Intimate partners may be charged with sexual battery is a California domestic violence case if one individual is accused of touching the other for purposes of sexual gratification or abuse. Almost any type of relationship can be considered an intimate partnership – the couple may be of the same or opposite genders, and can be married, divorced, living together, have children in common, dating or formerly dating.
A sexual battery charge can stem from any type of touching or physical contact of another person’s intimate parts, whether it occurs directly, through the clothing of the accused, or through the clothing of the accuser. Even an individual involved in an ongoing relationship can face a sexual battery charge. This offense can be charged as a misdemeanor or a felony with penalties of up to one-year in jail or up to four years in prison and fines of up to $10,000.
While that is the maximum prison sentence and fine that can accompany a first time sexual battery conviction (a person with aggravating factors and/or prior sexual battery convictions faces more severe punishment), it is not a complete list of the penalties that ultimately face the offender. If a defendant is convicted of any intimate partner abuse crime in California, and is granted probation, there are certain conditions that must be imposed.
Upon a conviction of sexual battery, the defendant is placed on a minimum of three years probation, which may be formal or informal, depending on whether the crime was charged as a felony or a misdemeanor. During that time, a criminal court protective order will be issued against the defendant to prevent further acts of violence against the victim and, if appropriate, will contain a residence exclusion or stay-away conditions. It should be noted that the victim will be notified about the outcome of the case. The defendant will also be required to register as a sex offender and required to pay an additional $200 – $300 fine for committing the offense, which will be paid to the Department of Justice Sexual Habitual Offender Fund. Registration is for life, has many requirements, and if those requirements aren’t met, the convicted faces additional penalties, including additional time in jail and/or prison.
In addition to the procedural conditions just described, the convicted must pay a separate fine of at least $200 to various domestic abuse funds that are distributed by the state. He or she will also be required to attend a minimum two-hour “batterer’s class” on a weekly basis for at least one year. Depending on the circumstances surrounding the charged incident, the court may also order the defendant to enroll in a drug and/or alcohol dependency program. Community service will also be required.
In lieu of an additional fine (but not in lieu of the $200 – $300 or $400 payments described above), the court may order the convicted to pay up to $5,000 to a battered women’s shelter or to reimburse the victim for any reasonable expenses that the court believes were incurred as a direct result of the abuse.
When the court evaluates the defendant’s progress, it takes into consideration his or her ability to pay and his or her willingness and diligence in following through with these mandated conditions. Finding good cause, the court may modify, extend or even revoke probation. If probation is revoked, the maximum prison sentence will likely be imposed. Having an experienced criminal defense lawyer is the key to ensuring that these probation requirements are kept to a minimum.
The understanding attorneys at the Kavinoky Law Firm treat each client with compassion and respect. They sympathize with their clients and do their best to help each client through this difficult time. A knowledgeable defense lawyer can explain the complexities of a California sexual battery charge during a free consultation.
