Sexual Assault Lawyer Orange County

Dependable Legal Counsel in Orange County, Riverside, San Bernardino & Los Angeles

If you are searching for a legal team that is willing to fight to protect your rights, look no further than the Law Offices of Randy Collins. We offer personalized legal representation for clients facing sexual assault charges in Orange County and Riverside.

To discuss your case with our Orange County sexual assault lawyers, call (844) 285-9559today. We are committed to our clients’ success.

What Is Sexual Assault?

In California, sexual assault laws prohibit the unwanted touching of another individual's intimate parts. According to the California Penal Code, "intimate parts" refer to any victim's buttocks, groin, anus, or sexual organ, and any female's breasts. Sexual assault that leads to nonconsensual intercourse is charged as rape.

Aggravating & Mitigating Factors for Sexual Assault

In a sexual assault case, judges will also consider what are known as “aggravating” and “mitigating” factors when they determine the precise sentence for a sexual assault conviction. Aggravating factors are those elements of the crime or the defendant’s criminal history, which call for a harsher punishment. Mitigating factors are those that make a case for a lighter sentence.

Penalties for Sexual Assault in California

It is important to note that each state has different laws when it comes to sexual assault sentencing and penalties. In addition, if you are convicted of a federal crime, the sentencing schedule might be different. Under California law, a sexual assault conviction could result in up to 48 months in prison and a possible $10,000 fine. The judge will determine the appropriate prison sentence and fine depending on the facts and circumstances of the case, the evidence presented by the prosecution and the defendant’s prior criminal history.

In addition to prison time and monetary fines, one of the most devastating consequences of a sexual assault conviction is the requirement to register as a sex offender for life.

When a person is found guilty of sexual assault in California, they can face a range of penalties depending on the specific circumstances of the case. When deciding the exact terms of the sentence, judges will take several factors into consideration, including any aggravating and mitigating factors.

The penalty structure for sexual assault in California is as follows:

• Misdemeanor sexual battery – punishable by a maximum fine of $2,000 ($3,000 if the defendant is the victim’s employer) and up to 6 months in jail
• Felony sexual battery – punishments start at up to 1 year in jail and a fine of up to $2,000, but in certain cases imprisonment can last up to 2, 3, or 4 years and fines can be as high as $10,000

Federal Sexual Assault Penalties in CA

Sentencing in federal sexual assault cases takes into account a number of factors including the defendant’s criminal history and his or her admission of guilt or taking responsibility for the crime. Those convicted of a federal sexual assault crime could get up to 20 years in federal prison and face fines. In addition, federal law requires those convicted of sexual assault must compensate victims for expenses related to the crime such as attorney’s fees, medical expenses or therapy costs.

It's important to have an experienced defense firm on your side that understands how to present compelling evidence to get your charges reduced or even dropped altogether. When you work with the Law Offices of Randy Collins, you are represented by a legal team that has over 45 years of combined experience and has handled thousands of cases. We have an excellent track record in helping our clients avoid these harsh penalties.

Defending Against Sexual Assault Charges

Any successful strategy in defending against sexual assault charges is focused on countering the prosecution’s case.

To prove a case of sexual battery, a prosecutor must establish three essential elements, including:

• The victim’s intimate parts were touched by the defendant (while being restrained by either the defendant or another individual) either through direct contact with the skin or through the clothing
• The victim did not consent to being touched in this manner
• The touching was for the purpose of sexual arousal, sexual gratification, or sexual abuse

In order to win your case, you will need to cast doubt on the evidence the prosecution team has that substantiates these three elements. For example, if you can prove that the sexual contact did not violate the victim's will, the prosecution could not confirm your guilt.

Get Help with Your Sexual Assault Case in California

The Law Offices of Randy Collins is here to help you defend against your charges. Get in touch today to schedule a free consultation to discuss your rights and legal options.

Call (844) 285-9559 now for reliable legal advice from our Orange County sexual assault attorneys.