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#1 Walnut Creek Sexual Assault & Sexual Battery Lawyer

Walnut Creek Sexual Assault And Battery Lawyer

If you or someone you know is facing sexual assault or battery charges under Penal Code 243.4, understanding the crime, its consequences, and the legal process is crucial.

At the Tabibnia Law Firm, Cyrus Tabibnia is committed to providing expert legal counsel and representation in sex crime cases. With extensive knowledge of the law and a compassionate approach, he will protect your rights and strive for the best possible outcome. Contact us today at 866-713-2159 or online to schedule a free consultation with an LA criminal defense attorney.

What is Sexual Assault?

Sexual assault, also known as sexual battery, is a serious crime that involves non-consensual sexual contact or behavior. It violates a person’s autonomy, dignity, and bodily integrity. The specific definition and elements may vary depending on the jurisdiction.
In California, sexual assault is covered under Penal Code 243.4 and includes a range of non-consensual sexual acts, such as unwanted touching or groping. It is important to note that assault and battery are typically treated as separate offenses. Assault involves attempting to physically harm someone or instilling fear of imminent harm, while battery refers to non-consensual touching. The touch does not have to cause physical injury to the victim, it can be harmful or offensive.
In some jurisdictions, including California, the terms “sexual assault” and “sexual battery” are used interchangeably. Consult an experienced sex crime defense lawyer if you have any questions. 

Elements of Sexual Assault

To prove a sexual assault charge, the prosecution must establish the following elements:

  • Non-Consensual Act: The sexual contact or behavior must have occurred without the victim’s consent, which means freely and voluntarily agreeing to engage in the specific sexual act. If a person is unable to provide consent due to age, intoxication, mental incapacity, or unconsciousness, any sexual contact is considered non-consensual.
  • Sexual Contact: The offense involves intentional and unlawful touching of the intimate parts of another person, such as the breasts, buttocks, genitals, or other private areas.
  • Lack of Lawful Justification: There must be no legal reason or valid excuse for the sexual contact or behavior. Consensual encounters or medical examinations would not qualify as sexual assault.
  • Specific Intent: The perpetrator must have the specific intent to sexually arouse, gratify, or abuse themselves or another person through the sexual contact. The act is carried out with the purpose of obtaining sexual satisfaction or causing sexual harm to the victim.

How Does Sexual Assault Differ from Rape?
(Penal Code 261)

Sexual assault and rape are distinct crimes, although they share similarities.

Rape, addressed in Penal Code section 261, generally involves non-consensual sexual intercourse.

Sexual assault encompasses a broader range of non-consensual sexual acts, including but not limited to penetration. Consult a knowledgeable attorney to understand the specific legal definitions and implications in your case.

Penalties for Sexual Assault Crime

The penalties for sexual assault vary depending on the severity of the offense, the defendant’s criminal record, and aggravating circumstances. In California, sexual assault can be charged as a misdemeanor or a felony.

Misdemeanor Sexual Assault

  • Up to 1 year in county jail
  • Fines and restitution

Felony Sexual Assault

  • Formal probation or up to 1 year in county jail.
  • State prison sentence ranging from 16 months to 4 years.
  • Fines and restitution

Defense Strategies

In a sexual assault case, various defenses may apply, depending on the circumstances. It’s crucial to consult with a skilled attorney to determine the best defense strategy. Common defenses include:

  • Consent: Demonstrating that the sexual act was consensual through evidence such as witness testimonies or communication.
  • Lack of Intent: Arguing that the defendant did not have the intention to commit a sexual act without consent, asserting that it was accidental or unintentional.
  • False Accusation: Presenting evidence that the allegations are false or motivated by ulterior motives, revealing inconsistencies in the accuser’s statements.

Does a Sexual Assault Conviction Require Sex Offender Registration?

A sexual assault conviction doesn’t automatically require sex offender registration in California. However, depending on the severity of the offense and other factors, the court may order registration under Penal Code section 290. The requirement for sex offender registration depends on factors such as the nature of the offense, the age of the victim, and the defendant’s criminal history. An attorney can provide guidance on the specific requirements and potential relief options.

Immigration and Employment Consequences

A sexual assault conviction can have significant immigration and employment consequences. Non-U.S. citizens may face deportation or inadmissibility, while employment opportunities may be impacted due to background checks. Consult an immigration attorney to understand the potential impact on immigration status and explore available options. Seek legal counsel to understand employment rights and possible avenues to mitigate employment consequences.

Contact Cyrus a Sex Crimes Attorney

When facing charges for a sex crime, it is crucial to have an experienced Walnut Creek sexual assault lawyer by your side. A skilled attorney can help you understand the pros and cons of a plea bargain, protect your rights, and navigate the long-term consequences of a sexual offense conviction. Immediate involvement of an attorney ensures protection from illegal actions by law enforcement officers, investigators, and prosecutors. Contact us today for effective advice and guidance through this challenging process.

Call (866) 713-2159 today to schedule your free consultation with an experienced Walnut Creek sex crime defense lawyer. You can also contact us online.

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    EXCELLENT rating
    Based on 39 reviews
    I would like to sincerely thank my attorney Cyrus Tabibnia and the Tabibnia Law firm for everything you have done for me and my family. Highly satisfied customers and excellent service is what you want when you hire an attorney. I was always treated with respect, if I needed anything or had any questions or concerns Mr. Tabibna was always available. I give a five-star rating as one of his clients and would honestly give a ten-star review if I could, because he is an awesome attorney worth every penny. I would highly recommend to anybody looking for a criminal defense attorney that Cyrus Tabibnia and his law firm be the one you consider
    Pharroh Knight
    Pharroh Knight
    2 April 2024
    Thank you for being so generous with your time and expertise and providing a legal consult! We really appreciate it
    Eli Elay
    Eli Elay
    6 February 2024
    My family had an urgent matter late on a Friday night. Cyrus took our call at 10p, listened to our situation, and answered all our questions. He was thorough in his explanations and addressed our concerns. What we appreciated the most was that he was not pushy and walked us through different approaches for our situation. We have not needed legal representation yet, but with Cyrus’ flexibility, transparency, and straight forwardness, we would highly recommend him.
    14 December 2023
    I had a DUI charge where I was having difficulties having an attorney give me the time of day to hear me about my case. I called different places and finally found Cyrus Tabibnia Law Firm a criminal Defense Attorney. I called him and he promptly returned my call. He sat down with me and listened to me, he understood my situation and gave me the peace of mind that lifted the stress I was going threw off my shoulders. He took control and walked me through everything. He explained the process of what to expect and what to do. Whenever I needed to talk to Cyrus, he made himself available to me. I was happy with the outcome of my case and would definitely recommend anyone to give Cyrus Tabibnia a call if they need a dependable criminal attorney to represent them.
    E T
    E T
    19 November 2023
    Mr. Cyrus Tabibnia has been outstanding in his knowledge and work related to legal matters. I have very much appreciated working with you.
    14 November 2023
    I have appreciated working professionally with Mr. Cyrus Tabibnia and his law firm on various cases that will assist his clients.
    Roxanna Rahban
    Roxanna Rahban
    14 November 2023
    Excellent Attorneys AND Customer service. They were patient, kind, and incredibly clear in their communications regarding my case and followed up promptly at each step of the process. I felt seen, heard and valued as a client and highly recommend this firm to anyone who is looking for kindness, professionalism and great results.
    Alexandra Sophia Marsalis
    Alexandra Sophia Marsalis
    14 November 2023
    Dedicated Attorney I have had the privilege of knowing attorney Cyrus Tabibnia since 2010, when he used to be a dedicated Board member at our local Bar Association in Los Angeles. He has always been respected by his colleagues for his legal contribution to the members of the Bar Association. While interacting with him professionally, I have found him to be a man of integrity, a competent counsel and zealous advocate for his clients in a variety of civil and criminal cases. Despite his busy professional schedule, Cyrus adheres to his family values and keeps his precious friendship with the rest of us. I am honored to call Cyrus a colleague and endorse him for the services that he offers to the public.
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    Zaher Fallahi
    14 November 2023
    I endorse the Tabibnia Law Firm. Mr. Tabibnia is colleague and staunch professional. He is clearly dedicated to his clients, craft, and practice. Do not hesitate to reach out to Mr. Tabibnia for services.
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    Daniel Forouzan
    10 November 2023