Building a Defense Against Aggravated Sexual Assault Charges in San Diego

Posted on: November 26th, 2024 by Dod Law

Aggravated Sexual Assault Charges in San Diego

What’s an aggravated sexual assault charge, and how does it differ from a standard sexual assault charge in San Diego? Is that distinction important, and can it impact your future?  Learn more about Aggravated Sexual Assault Charges in San Diego

Our sexual assault defense attorneys in San Diego can answer these questions on your behalf. You can collaborate with our team at Dod Law to learn more about your aggravated sexual assault charges and the evidence the prosecution intends to bring against you. Together, we can cultivate a defense that challenges those charges. 

How Does California Define Aggravated Sexual Assault?

An aggravated sexual assault charge accuses the defense of using reckless and unchecked violence to engage in lewd acts with non-consenting parties, including but not limited to minors.

Aggravated sexual assault charges grow more complicated if the person charged with the crime:

• Allegedly used a weapon to escalate the situation
• Cause the victim serious injury, disfiguration, and/or paralysis
• Threatened the victim into participating

In other words, the state of California considers the factors that go into aggravated sexual assault charges on a case-by-case basis. 

Is Aggravated Assault a Misdemeanor or Felony Charge in California?

California usually charges parties accused of assault with misdemeanors. However, aggravated sexual assault charges escalate a person’s possible penalties to felony level. You may face felony charges if you’re accused of aggravated sexual assault. Those come with fines that fluctuate based on the harm that befell the victim, as well as your relationship to the victim:

• Aggravated sexual assault involving an employee and employer can see fines increase to $3,000
• Aggravated sexual assault resulting in great bodily injury can see fines escalate to $10,000

Parties accused of aggravated sexual assault may also see themselves added to California’s sex offender registry.

California’s Courts Can Add Additional Felony Charges to the Case Brought Against You

The charges brought against you may grow more complicated if you’re accused of other crimes on top of aggravated sexual assault. For example, the alleged use of illegal substances to aid in an aggravated sexual assault may see you face charges for purchasing, possessing, and using those substances. Aggravated sexual assault involving a minor can also see you face statutory rape charges on top of your assault charges. 

How Can You Build a Defense Against Charges in San Diego?

You have the right to reach out to an attorney and request representation if someone accuses you of aggravated sexual assault. The faster you can connect with an experienced criminal defense attorney, the faster you can get ahead of any compound charges the court attempts to foist against you.

The specific defense you use to challenge accusations of aggravated sexual assault should account for the following:

• The nature of the accusations leveled against you
• The evidence the prosecution used to establish reasonable suspicion

You can also emphasize your lack of a criminal history when establishing your defense. While a clean criminal record won’t automatically exonerate you, it sets a good precedent for challenging accusations of misconduct. You can discuss your specific circumstances with an attorney during your free defense consultation.

Common Aggravated Sexual Assault Defenses

Some of the most common defenses against aggravated sexual assault charges include the following:

• Establishing consent
• Mistaken identity or misidentification
• Inaccurate DNA or forensic evidence
• Accusations as retaliatory behavior

It’s easier to cultivate a defense against aggravated sexual assault charges when you have an attorney on your side. Attorneys can speak to court representatives on your behalf, ensuring you don’t compromise a not-guilty plea by saying the wrong thing to the wrong person. We can also work with experienced investigators to gather the evidence needed to throw the prosecutor’s evidence into question.

Don’t Let Charges Go Unchallenged

Everyone in California has the right to private counsel when accused of a crime. It’s in your best interest to work with an attorney to build a defense against aggravated sexual assault charges. An experienced lawyer can prevent those charges from landing you in jail, costing you exorbitant amounts of money, and compromising your reputation.

Our team at Dod Law has worked for years to defend San Diego residents against wrongful accusations of aggravated sexual assault. To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 814-5110 | Orange County office 949-681-7020  | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form