Pasadena Sexual Assault Defense Attorneys
Our Lawyers Can Defend Your Rights
Sexual assault is a general term that encompasses a number of sex crimes, including rape. California's sexual assault laws prohibit unwanted touching of an individual's intimate parts. If these acts lead to non-consensual sexual intercourse, it is considered rape. If you have been charged with a sexual assault of any kind, it is imperative to act quickly by hiring an experienced Pasadena sexual assault defense attorney that can quickly and efficiently form a defense that protects you and your rights.
How Are Sexual Assault Charges Prosecuted?
In order to prove a case of sexual assault, several elements must be established:
- The prosecutor must prove that the defendant touched the victim's intimate parts while the victim was restrained by the defendant or another person. This includes direct contact to the victim's skin or indirect contact through the victim's clothing.
- The prosecutor must also prove that the touching was against the victim's will.
- The prosecutor also needs to show the defendant's intent.
Defenses Against Sexual Assault Charges
A common defense against sexual assault charges is to attempt to prove that the acts were consensual. If the defendant can prove this, the prosecutor will have a much more difficult time establishing the elements of a sexual assault. However, in regard to children or individuals lacking mental capacity, consent is not an accepted defense. Another defense may be to show that the victim was touched for a non-sexual purpose.
Penalties for Sexual Assault Convictions
Punishments for a sexual assault conviction depend on whether the crime was charged as a misdemeanor or felony. For a misdemeanor conviction, the defendant may have to serve up to six months in jail, a $2,000 fine, or both. For a felony account, the defendant may have to serve up to a year in county jail or up to a $2,000 fine. However, felony charges can carry larger sentences depending on the individual circumstances.
Call us today at (626) 325-0142 to get the help of a Pasadena sexual assault defense lawyer.
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