Sexual Battery Defense Lawyer

San Diego Sexual Battery Defense Lawyer

Facing Sexual Battery Charges? Dod Law is Here to Defend You.

If you’ve been arrested or charged with sexual battery under California Penal Code 243.4, it’s critical to seek immediate legal representation. Sexual battery is a serious offense that can have devastating consequences on your freedom, reputation, and future opportunities. At Dod Law, our San Diego criminal defense team has the experience, skill, and commitment to fight for your rights and provide the strongest possible defense.  Learn more about Dod Law a San Diego sexual battery defense lawyer.

What is Sexual Battery Under California Law?

Under Penal Code 243.4 PC, sexual battery is defined as the unlawful and intentional touching of another person’s intimate parts for sexual arousal, gratification, or abuse, without their consent. Depending on the circumstances, this offense can be charged as a misdemeanor or a felony.

“Touching” includes even minimal physical contact, whether over or under clothing, and can be considered criminal if it’s done without consent and with sexual intent.

Key Legal Elements the Prosecution Must Prove

To convict someone of sexual battery under Penal Code 243.4, the prosecution must prove beyond a reasonable doubt:

• Unlawful Touching – Any unwanted sexual contact with intimate parts (genitals, buttocks, female breasts).
• Sexual Intent – The touching must be done for sexual arousal, gratification, or abuse.
• Lack of Consent – The act was done without the voluntary agreement of the alleged victim.
• Possible Use of Restraint or Deception – In more severe cases, the crime may involve fraud or physical restraint.

Types of Sexual Battery Charges (Penal Code 243.4 Subsections)

• PC 243.4(a) – Sexual battery involving unlawful restraint of the victim (Felony).
• PC 243.4(b) – Sexual battery committed against a person who is institutionalized or medically incapacitated (Felony).
• PC 243.4(c) – Sexual battery obtained through fraud or false professional pretense (Felony).
• PC 243.4(d) – Forcing someone to touch themselves or another person sexually (Felony).
• PC 243.4(e)(1) – Misdemeanor sexual battery involving non-consensual touching without additional aggravating factors.

Potential Penalties for Sexual Battery

Misdemeanor Conviction:

• Up to 6 months in county jail
• Fines up to $2,000 ($3,000 if the victim is an employee)
• Summary probation
• Mandatory registration as a sex offender under PC 290

Felony Conviction:

• 2 to 4 years in state prison
• Fines up to $10,000
• Formal probation
• Lifetime sex offender registration

Legal Defenses to Sexual Battery Charges

Dod Law will thoroughly examine every detail of your case to build a strong defense. Common strategies include:

• Consent – Arguing that the alleged contact was consensual and voluntary.
• Lack of Sexual Intent – Showing the touching was accidental or not sexually motivated.
• False Accusations – Exposing motives for fabricated claims (e.g., revenge, jealousy, custody disputes).
• Mistaken Identity – Presenting alibis or evidence proving you were not the perpetrator.
• Lack of Evidence – Challenging the sufficiency or reliability of the prosecution’s evidence.

Why Choose Dod Law?

With over a decade of experience handling complex sex crime cases in San Diego, Attorney Dod Ghassemkhani an award-winning attorney has a proven track record of achieving favorable outcomes for clients facing serious criminal charges. We understand the emotional and reputational toll that sexual battery allegations can cause—and we know how to fight back.

Act Now! – Your Future is on the Line | Call Dod Law a San Diego Sexual Battery Defense Lawyer

Being accused of sexual battery is not the same as being guilty. At Dod Law, we’re here to listen to your side of the story, protect your rights, and deliver an aggressive defense strategy tailored to your unique case.

Dod Law a San Diego Sexual Battery Defense Lawyer

If you or a loved one is facing sexual battery charges, don’t wait. Contact Dod Law today for a confidential consultation and take the first step toward defending your rights and future.

To schedule a free consultation with a member of our first-class legal team, call us today at our downtown San Diego office (619) 814-5110 | Santa Ana, Orange County office 949-681-7020  | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form