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Home » Sex Crimes » Sexual Battery

Sexual Battery

California Penal laws distinguish between the simple battery and sexual battery and have more severe punishments for the persons charged with sexual battery. The law discriminates between the normal act of physical touching or physical assault and that of sexual nature. The statute 243.4 in the California Penal Code specifically addresses the problem of sexual battery. In case you, your friend or a family member is cited for sexual battery, it is in the best interest of the defendant to consult a professional defense lawyer with knowledge of sexual crimes and battery laws in the state. If you are considering fighting your case on your own or rely on a public defender, you may end up with harsh sentences and a conviction that can alter your life for worst. Since, there is a significant risk of conviction in the cases of sexual battery, a defense attorney from the established and reputed law office can be your best chance for a successful defense of your case.

First of all, it is important to know what sexual battery is and what are the elements of the crime in these cases.

What is Sexual Battery Under 243.4?

As stated in the statute 243.4, any person who touches the intimate parts of another person or touches another person with his intimate parts against the will of the person touched while restrained or restrained by an accomplice for arousal or sexual gratification is guilty of sexual battery. Based on this definition there are four elements of the crime that prosecutor must establish for a conviction.

The defendant or an accomplice restrained another person.
The defendant touched the victim’s intimate part, OR the defendant touched his or her intimate part to the victim.
The touching was the will of the person touched.
The touching was done for sexual gratification or arousal or sexual abuse.

The intimate parts of the person defined in this law groin, anus, buttocks, or breasts of a female and restrained in the law mean controlling the liberty of another person.

For example, a man approached a woman on a lonely street, grabbed her and while grabbing fondled her bare breasts. The person can be charged with sexual battery as he restrained her movement and touched her intimate part on bare skin.

Penalties of Sexual Battery Under 243.4

Sexual battery is a wobbler in California and can be charged as a misdemeanor or a felony depending on the severity of circumstances and criminal record of the defendant.

Misdemeanor

The above-mentioned elements of the crime are used to establish first offense a misdemeanor. In a misdemeanor conviction, the sentences are up to one year in county jail and up to $2000 in fines.

Felony

The defendant will be charged with a felony if in addition to the above elements,

243.4(b): The victim was institutionalized for medical treatment, was physically incapacitated, or disabled.

243.4(c): The touching was done under the guise of professional treatment.

For example, a doctor inserted his fingers into the vagina of his patient and fraudulently convinced her that it is for her treatment, the doctor will be guilty of felony-level sexual battery.

The felony level offense can be sentenced to two, three or four years in state prison, up to $10, 000 in fines or both.

Available Defenses in Sexual Battery

If you are facing charges of sexual battery, you should not despair. We understand that many people are falsely accused of sexual battery because of personal or professional grudges with the victim. At David S. Chesley’s law office, a team of qualified and highly competent criminal defense attorneys is waiting to help you out in this situation. Even though we take each case individually and prepare a specific defense, some of the common defenses in the cases of sexual battery include,

False Accusation: The defendant was falsely accused of the charges by the victim. We prove this by finding relevant details about your relationship with the victim and finding proofs of false accusation.

Lack of Evidence: We employ aggressive defense aiming to invalidate evidence presented by the prosecutor.

Consent: The defendant had victim’s consent for touching, and it was a consensual physical touching.

Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

What our clients say Client Testimonials

I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Rodrigo L.

I left court yesterday with my last case being wrapped up. Two court appearances and that’s it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Ricardo Esteves

My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Erica Geller

I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Elizabeth F.

I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Leon Hanley

I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David’s knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn’t charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Britanny Givens

David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David’s services again in the future.
Andrew A.

very satisfied being a client with the Law Offices of David Chesley.. Negin represented both my husband and I and got both our cases dis issued… Negin was on top of our cases she really cares and did everything she said she would do!!! thanks a lot Negin
Rita K.

I don’t write many reviews, however this time I had to share my admiration and appreciation for this firm. Attorney Negin Akhavan is definitely a person you want representing you in any criminal legal battle. She is the clear definition of the frace “is not what you know, but who you know ” she is not only knowledgeable, she also has the relationships with the right people. I couldn’t be happier with the results she was able to provide.

Thank you Negin.
Gabriel V.

An old felony charge came up, so I hired David and his team in June, and he got me a release on my own cognition on a felony charge in July which has never happened to me, and got it dismissed in October. He was responsive when I called and always kept me updated. Got my case dismissed, was easy to work and handled everything for me. He did an excellent job. I highly recommend David Chesley for any criminal defense.
Jason Corona

They really helped me out in a timely manner. I had a drug charge from 16 years ago and they dealt with it quickly. I can’t recommend them enough. If you have a criminal charges check them out they are awesome.
Santiago L.