Irvine Sexual Assault Attorneys

Over 30 Years’ Combined Experience in Sex Crimes Cases

Under California law, the crime of sexual assault is commonly known as “sexual battery.” A person accused of sexual assault or sexual battery faces possible incarceration, fines, and other penalties. Because of this, as well as the considerable social and professional stigma attached to a conviction of a sex crime, a person accused of sexual assault should protect his or her legal rights as soon as possible. Our Irvine sexual assault lawyers at the Law Firm of Pilchman & Kay, P.L.C. have represented many defendants who are fighting these charges. Consulting a sex crimes attorney at our firm can make a critical difference in your case.

Schedule a free consultation today by calling our firm at (949) 558-0042 or contacting us online.

Defending Against a Sexual Assault Charge Under California Law

The essence of the crime of sexual assault is that the defendant is alleged to have engaged in an unwanted touching of another person’s intimate parts, defined by statute as the sexual organs, anus, groin, buttocks, or female breasts. The elements of sexual assault are that the defendant actually touched the alleged victim and that the defendant’s intent in touching the victim was sexual gratification, sexual arousal, or sexual abuse. The touching does not have to be skin-to-skin but can consist of indirect contact through clothing.

A person who has been accused of a crime is presumed innocent until proven guilty. The State has the burden of proving each element of a criminal case beyond a reasonable doubt. The defendant also has a constitutional right to refrain from testifying at trial or otherwise incriminating him or herself. There are very detailed rules of evidence that the State must follow in prosecuting any criminal case, and an aggressive criminal defense attorney will be well aware of those rules and hold the State accountable for any violation of them.

There are several possible defenses to an accusation of sexual assault:

  • One common argument is that the victim consented, assuming that the victim had the legal, mental, and physical capacity to give consent.
  • Another potential defense is that the defendant did not touch the alleged victim for the purpose of sexual gratification, arousal, or abuse.
  • There is also the possibility of filing a motion to exclude evidence, such as physical evidence obtained from the victim or the crime scene, if it was obtained in violation of the defendant’s constitutional rights.

Penalties for Sexual Assault in California

It is important that a defendant explores every possible strategy to fight a sexual assault accusation because there are very harsh penalties if it resulted in conviction. Depending upon the circumstances, a sexual assault or sexual battery case may be prosecuted – and punished – as either a felony or a misdemeanor.

Generally, a felony conviction can result in:

  • More than a year in prison, although the California Penal Code dictates that a felony sexual battery conviction can result in up to four years in prison.
  • A fine of up to $10,000 is also a possibility
  • A life-long status as a convicted felon
  • Loss of privilege of lawfully possessing a weapon and other legal rights, not to mention future employment opportunities

Misdemeanor convictions, while resulting in only a year or less of jail time, can still trigger sizable fines and result in a criminal record that could have long-lasting effects.

Consult a Sexual Assault Lawyer in Orange County

In order to increase the chances of the charges being reduced or obtaining a jury verdict in your favor if the case proceeds to trial, you need tough but compassionate representation. Our experienced Irvine sexual assault attorneys at the Law Firm of Pilchman & Kay, P.L.C. are former prosecutors who know all the nuances of the law and understand how the criminal justice system works.

To put us to work on your case, call (949) 558-0042 or contact us online to set up a free consultation. Our firm represents clients throughout Orange County and other nearby cities.

A Winning Combination of Legal Abilities

  • We are backed by over 30 years of experience.
  • We have handled thousands of criminal defense cases.
  • We are fully certified by the State Bar of California.
  • We have repeatedly resolved cases during pre-trial.
  • We are backed by a professional background in prosecution and medical board defense.

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