Los Angeles Sexual Assault And Battery Lawyer

Name: Criminal Defense Attorney Los Angeles
Brand: Tabibnia Law Firm
SKU: 000000000
Availability: InStock
Rating: 5 (396 reviews)

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 in Los Angeles County
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 Los Angeles 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 Los Angeles sex crime defense lawyer. You can also contact us online.

EXCELLENT rating
Based on 28 reviews

I consulted Cyrus Tabibnia on a civil legal matter / tenant matter and he provided very helpful legal guidance. He's quite knowledgeable and experienced, as well as professional and genuinely concerned. I highly recommend Tabibnia law firm.

shay khan

28 September 2023

Let’s be real needing a Criminal Defense Attorney is always unexpected and stressful. If the unexpected happens call Cyrus, he is extremely knowledgeable and professional. Grateful we had Cyrus on as a defense Attorney!

Isaac Lopez

18 September 2023

Several years ago, I was contending with a serious legal issue. Out of the blue, I became aware that a corporation had obtained a large civil money judgment against me, in court, and on a case I was not aware of. When I became apprised of the judgment and the company's efforts to enforce the debt against me, I became angry and concerned. How would this case and judgment affect my financial future? Was there any way to fix this? I approached several other attorneys for assistance, but they all said the same thing: that because the judgment was over a year old (almost 2 years old, actually) it would be extremely difficult, if not impossible, to remove the judgment and to re-open the case. Given what other attorneys had told me about my case, I was not hopeful. But I decided to turn to and hire the Tabibnia Law Firm because I was aware of their strong reputation in both civil law matters and criminal defense cases. Mr. Tabibnia went out of his way to fight for me. To my great surprise, he convinced the court to set aside the judgment against me and to re-open the case. And months after getting the case re-opened, I was astonished when he then got the case completely dismissed! So, I went from having a large money judgment against me to getting the judgment removed and case dismissed in a matter of months. Throughout the process, I found Mr. Tabibnia to be honest, aggressive, competent and extremely fair with his fees. Most importantly, he kept me informed throughout the case. I cannot recommend the Tabibnia Law Firm highly enough.

Arian T

27 August 2023

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Mike Panadar

24 July 2023

I had the pleasure of working with the Cyrus at Tabibnia Law on my case and I could not have been more pleased with the results. From the start, he gave my case the time and attention it deserved and showed a deep understanding and knowledge of the law. He provided clear guidance through the entire process and was always available to answer questions and provide legal advice. He really went the extra mile to make sure I got the best possible outcome and was extremely understanding and patient, always taking the time to explain the details and nuances of the law to me. I am very grateful for his expertise and the care they took in my case and it was definitely worth every penny. I highly recommend his services and would not hesitate to use him again in the future. Tabibnia Law is truly a top-notch law firm and I am so thankful to have worked with them.

F V

15 March 2023

Having never needed a lawyer before, and being very scared and confused, I reached out to Cyrus after reading some outstanding reviews online. Cyrus gave me peace of mind and made me feel like I was in good hands. I highly recommend and I will probably use them again for any future legal needs that may arise. Thank you Cyrus.

Ehab Totri

9 March 2023

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MELVIN SANDOVAL

13 September 2022

This correspondence shall serve to memorialize that Cyrus is a excellent attorney, I recommend Cyrus because he is intuitive and has great communication skills. Cyrus is very honest and will never drag a case just to make more money

Bobby Vafa

29 July 2022

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DJ Cab

7 July 2022