Sexual Assault Charges in the Sacramento Area
If you find yourself accused of sexual assault in the Sacramento area, there is no better firm to assist you. With over 20 years of experience and a law practice that focuses on sex crime defense, the attorneys at Spaulding & Campi know how to get dismissals and wins at trial.
Many of our sexual assault clients are successful professionals who don’t have a criminal record and are unfamiliar with the legal system. They are naturally anxious, knowing that the prospect of jail time, a criminal record and in this case – potential sex crime registration – could have drastic effects on their lives.
Beating a Sexual Assault Charge in California
In Sacramento, California law defines sexual assault as “touching against the will of the person touched..for purposes of sexual arousal, sexual gratification or sexual abuse”. Misdemeanor sexual assault is fully defined in CA Penal Code 243.4 (CA PC 234.5) as follows:
(e) (1) Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of misdemeanor sexual battery, punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
This crime can also be prosecuted as a felony depending upon the facts of the case and the individual’s criminal history.
There are several defenses we use to fight these charges which include:
- The alleged victim consented to the act.
- There was a false allegation and the act didn’t occur.
- There is insufficient evidence to prosecute the case.
Over the years, we have seen that these cases often aren’t what they appear to be. Allegations of sexual assault are often he said/she said situations where there were no witnesses and no physical evidence. The prosecution must show – beyond a reasonable doubt – that the alleged assault actually occurred and without sufficient evidence, we can get these cases dismissed.