Vista Sexual Battery Defense Lawyer | 243.4 (PC) -Call 24/7

A man holds a woman's arms down to illustrate sexual battery charges in vista

Sexual battery charges are nothing to be taken lightly. A conviction can leave you behind bars for years —and on the sex offender registry for life. If you have been accused of sexual battery (Penal Code 243.4 (PC)) in Vista or North County San Diego, contact defense attorney Peter M. Liss as soon as possible. All consultations are 100% free and confidential.

Table of Contents

What is Sexual Battery Under California Law?
- Sexual Battery Vs. Rape
Penalties for Sexual Battery in San Diego County
- Sex Offender Registration Requirements for Sexual Battery
Defenses to Sexual Battery Charges in Vista
Why Choose Peter Liss as Your Sexual Battery Defense Attorney
Call Now for a Free Consultation
FAQ About Sexual Battery Charges in Vista

What is Sexual Battery Under California Law?

Sexual battery, California Penal Code 243.4 (PC), is often known as “unwanted touching.” These charges can be filed after someone touches an unwilling victim’s intimate areas for sexual purposes. Under the law, touch can be done directly or through clothing. Intimate areas covered by the law include the victim’s:

vagina
penis
breasts
butt

While most cases are done for the purposes of sexual gratification, the crime can also include sexual abuse meant to injure, physically harm, intimidate, or embarrass someone.

Sexual Battery Vs. Rape

Sexual battery and rape are both sexual assault crimes, but rape requires penetration. Unwanted groping or fondling without penetration is charged as sexual battery.

Penalties for Sexual Battery in San Diego County

Sexual battery is usually a misdemeanor, punishable by up to six months in jail. It becomes a felony punishable by up to four years in prison if aggravated factors apply, such as when the victim:

was restrained
was incapacitated in a hospital for medical or mental health treatment
was tricked into believing the touching was done for a professional purpose, such as a medical examination
was forced to touch the genitals or other intimate parts of another person

Sex Offender Registration Requirements for Sexual Battery

Those convicted of misdemeanor sexual battery will end up on the lowest tier of California’s sex offender registry. As a result, these individuals will only need to register for 10 years. However, those convicted of a felony will need to register for life.

Defenses to Sexual Battery Charges in Vista

The appropriate defense to these charges depends on the unique circumstances of the case. These sexual battery defenses are the most commonly used by attorneys in San Diego County:

The Victim Consented

Consensual touching is usually legal. However, this does not apply if the victim is a minor, overly intoxicated, or unable to consent due to physical or mental disabilities.

False Allegations

If the victim has reason to make false accusations of sexual battery against you, a Vista lawyer could use this fact to support your defense. Be warned that this defense can backfire if you appear to be victim-blaming.

Mistaken Identity

If the victim or witness may have confused you with someone else, mistaken identity may be a strong defense.

Insufficient Evidence

Often, sex crime allegations rely on conflicting personal accounts. If the prosecution does not have credible, independent proof supporting the accusation, your lawyer may argue that the evidence is insufficient to convict you.

Why Choose Peter Liss as Your Sexual Battery Defense Attorney

If someone accuses you of unwanted sexual touching, do not speak to the police, victim, or post about the situation on social media. Remember that anything you say can be used against you. Instead, contact attorney Peter M. Liss as soon as possible to start building your defense against the charges.

Peter Liss is a seasoned Vista defense lawyer with over 40 years of experience and a degree from the top-rated University of Berkeley Law School. He has represented hundreds of clients accused of criminal offenses, including many sexual battery cases. Mr. Liss has a proven track record of success with both misdemeanor and felony offenses. Clients praise his compassionate, yet aggressive representation.

Call Now for a Free Consultation

If you’re facing unwanted touching charges in Vista or the rest of San Diego County, please contact attorney Peter M. Liss to discuss your case. You can schedule a free, confidential consultation by calling (760) 643-4050 any time, 24/7.

FAQ About Sexual Battery Charges in Vista

Is Sexual Battery Always a Felony in California?

No, in fact, most of these charges are misdemeanors. However, certain aggravating factors can cause the charges to become felonies.

Does Sexual Battery Require Touching the Victim’s Bare Skin?

No. These charges can be filed when the contact was made over clothing.

Can Sexual Battery Charges Be Reduced or Dismissed?

Yes. If your attorney shows there is insufficient evidence or the victim may have lied, prosecutors may reduce or drop the charges.

Do I Have to Register as a Sex Offender if I am Convicted of Sexual Battery?

Yes. A misdemeanor conviction will require you to register for ten years, and a felony conviction requires lifetime registration.

Can I Get Probation Instead of Jail for Sexual Battery?

Yes, attorney Peter Liss may be able to arrange for clients to be sentenced to probation so they can avoid spending time behind bars.