Temecula Sexual Assault Attorney

Defending Against Sex Crimes Accusations in California

Accused of sexual assault? Reach out online to a Temecula sexual assault lawyer from the firm today for the counsel you need. Or call (951) 221-4331 to schedule a consultation.

What Is Sexual Assault?

Sexual assault is defined as the touching of another person's body for sexual gratification, arousal, or abuse without their consent. 

Some of the most common types of sexual assault charges in California include:

• Rape: Non-consensual sexual intercourse, which can include both vaginal and anal penetration.
• Sexual Battery: The unlawful touching of another person’s intimate parts without consent for sexual arousal, gratification, or abuse.
• Attempted Rape: Trying, but failing, to commit rape.
• Unlawful Sexual Intercourse: This can apply in cases where one person has sex with another who is under the legal age of consent.

The penalties for a conviction depend on the specific charge, the age of the victim, and whether any aggravating factors exist, such as the use of force or the victim’s age. The law can be complex, but a Temecula sexual assault lawyer will thoroughly investigate the details of the case, identify potential weaknesses in the prosecution’s arguments, and formulate a defense strategy that best protects your interests.

What Are the Penalties for Sexual Assault in California?

If convicted of sexual assault, the penalties in California can be severe, and the consequences can follow you for the rest of your life. Some potential penalties include:

• Prison Sentences: Depending on the charge, the penalty can range from several years to life in prison. For example, a conviction for rape can lead to a sentence of 3, 6, or 8 years in state prison, while a more serious offense, such as aggravated sexual assault, can result in a life sentence.
• Sex Offender Registration: If convicted, you will face a lifetime sentence on the California sex offender registry, affecting your employment opportunities and housing availability.
• Fines: In addition to imprisonment, those convicted may face significant fines and restitution to the victim.
• Parole: Even if a defendant is released from prison, parole conditions may be imposed, which could include mandatory therapy, restrictions on contact with minors, and regular check-ins with a parole officer.

When you are facing these penalties for a sex crime, The Law Office of David E. Grande is here to aggressively fight for your rights.

Understanding Consent in Sex Crimes Charges in California

Under California law, consent refers to a person’s agreement to engage in a sexual act. It must be given freely, willingly, and without force or fraud. California law specifies that the victim’s agreement to sexual activity must be explicit and communicated. A person cannot be considered to have consented if they were coerced, manipulated, threatened, or under duress at the time of the act. Additionally, consent must be ongoing, meaning that it can be revoked at any time during the encounter. A person’s silence or lack of resistance is not legally considered consent.

Several factors can affect the ability of an individual to give valid consent. These include:

• Intoxication or Impairment
• Age of Consent
• Coercion or Manipulation
• Mental or Physical Incapacity

Can I Be Arrested For Sexual Assault If The Act Was Consensual?

Yes, if the alleged victim claims that the sexual encounter was non-consensual, you can be arrested for sexual assault, even if you believed the act was consensual. It’s important to remember that the law emphasizes the victim’s perception of consent and may not take into account whether you thought consent was given. A skilled Temecula sexual assault lawyer can help challenge such claims.

What If The Alleged Victim Was Under The Age of Consent?

If the victim is under the age of consent in California (18 years old), any sexual activity with them is considered statutory rape, which can lead to serious criminal penalties, even if the sexual activity was consensual. In cases involving minors, the court may impose additional penalties, such as mandatory sex offender registration and lifelong restrictions.

How to Defend Against Sexual Assault Charges in Riverside County?

Sexual assault can be claimed even if there is no sexual intercourse or if the alleged victim is already in a sexual relationship with the accused. The complicated nature makes convicting these kinds of crimes extremely difficult for the prosecution.

Some common defenses to sexual assault claims are:

• Consent or reasonable belief of consent
• Insufficient evidence
• False allegations

Even if you have been accused of sexual assault, you are entitled to rights under the law. Working with our sex crime attorney can help you consider the defenses that apply to your case.

Get Defense for Sexual Assault Allegations Today

With hundreds of successful criminal cases under the firm's belt, The Law Office of David E. Grande can face your sexual assault charges with you.

If you or a loved one are up against sexual assault charges, call our Temecula sexual assault attorney to schedule a free consultation by calling (951) 221-4331.