Law Offices of Erik Steven Johnson

247 N. Third Street, San Jose, CA 95112

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408-246-3004

San Jose Sexual Battery Defense Attorney

san jose sexual assault and battery lawyer

Criminal Defense Lawyer Serving Mountain View, Milpitas, and Santa Clara County

In California, sexual assault and battery laws prohibit unwanted touching of another's intimate parts. Sexual battery is simply an offensive touching of the "intimate part" of another person, done for purposes of sexual arousal, gratification or abuse. Misdemeanor offenses include placing a hand on someone's buttocks or fondling a woman's breast without permission. Skin-to-skin contact is not an element of this crime and the unwanted touching can be over the clothing.

A conviction of sexual battery can carry particularly severe consequences. It is important to obtain the assistance of a skilled criminal defense lawyer if you have been charged. Attorney Erik Johnson is dedicated to protecting your rights and fighting for your best interests.

Sexual Battery Charges

A charge of sexual battery can be a misdemeanor or felony offense depending on the circumstances. The elements of a misdemeanor offense are:

  • The defendant offensively touched the victim.
  • The touching was done without permission.
  • The purpose of the touching was done for purposes of sexual gratification or arousal of either the defendant or victim.

Felony sexual battery is a more serious offense, but requires aggravated facts. Examples include:

  • The conduct took place while the victim was restrained, hospitalized, or mentally incapacitated.
  • The victim was unconscious or intoxicated at the time.
  • The victim was forced to touch the intimate parts of someone else.

Sexual battery is serious offense—whether it be a misdemeanor or felony. This is where an experienced defense attorney can begin an aggressive defense of your rights. Attorney Erik Johnson has a proven record of obtaining dismissals, reduced charges and avoiding the sex registration requirement.

Misdemeanors and Felonies in California

If convicted of misdemeanor sexual battery, a person may face:

  • Fines up to $2,000 unless the defendant was the victim's employer, then the fines increase to $3,000.
  • Registration as a sex offender.
  • Up to six months or one year in county jail.

Felony sexual battery charges can result in even more life-changing penalties. A felony conviction carries:

  • Fines up to $10,00.
  • Significant time in a state penitentiary.
  • Lifetime registration as a sex offender.

Defenses for Sexual Assault and Battery Charges

A skilled lawyer can help raise a variety of defenses in response to charges of sexual battery. Some of the most common defenses include:

  • The alleged victim consented to the contact.
  • The alleged touching never occurred.
  • The contact was not made for the purpose of sexual satisfaction.
  • The contact was an accident.

Contact a Skilled Criminal Defense Attorney

If you are charged with sexual battery, it is easy to feel overwhelmed and uncertain about your future. Fortunately, criminal defense lawyer Erik Johnson has the experience and relentless nature to defend your rights and pursue your best interests. Contact our office today at 408-246-3004 to schedule your free consultation. Our law firm serves clients in Santa Clara County, Alameda County, and throughout the San Francisco Bay Area.

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