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A sexual assault charge can change everything.
At David P. Shapiro Criminal Defense Attorneys, we know what’s on the line—and we’re here to protect your future with relentless focus.
When you work with us, you get a team that fights smart, moves fast, and keeps you informed at every turn. This isn’t just another case; it’s your life, and we’re committed to giving you the defense you deserve.
Contact us today and put San Diego’s top criminal defense firm on your side.
Sexual assault, which is referred to as sexual battery, includes a range of different offenses under California law.
Under California Penal Code 243.4, sexual battery involves touching an intimate part of another person against their will for the purpose of sexual arousal, gratification, or abuse.
Sexual battery could be charged as either a misdemeanor or felony, depending on the specific circumstances:
A person commits misdemeanor sexual battery when they:
Penalties include:
Note: “Touching” includes physical contact whether direct or through the clothing of either person.
More serious circumstances that qualify as felony sexual battery include when:
Penalties include:
To convict you of sexual battery, whether misdemeanor or felony, the prosecution must prove:
This statute is separate from rape (California Penal Code 261) and can be charged alongside other applicable crimes.
Our San Diego team brings the full weight of experience to protect your rights and ensure your voice is heard at every step of the process. Some potential defense strategies may include:
If there was actual consent to the intimate contact, this may provide a complete defense. However, consent must be freely and voluntarily given by someone capable of consenting.
The prosecution must prove every element beyond a reasonable doubt. Often, these cases lack physical evidence and may rely heavily on witness testimony, which can be challenged.
Unfortunately, false accusations do occur, sometimes arising from:
If law enforcement violated your rights during the investigation, like conducting illegal searches or failing to read Miranda rights, certain evidence may be suppressed.
A conviction for sexual assault may result in:
These serious consequences make it essential to have experienced legal representation from the earliest stages of your case.
When facing a sexual assault charge, having the right defense team on your side is priority one.
Here’s why David P. Shapiro Criminal Defense Attorneys should be your first call:
Facing a sexual assault charge is terrifying, but with the right defense team, you can reclaim control of your future. Trust David P. Shapiro Criminal Defense Attorneys to stand by you.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.
Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
Here’s what you need to know to regain control of your future
You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.
Do not speak with law enforcement or investigators without an attorney present. Even if you believe you can explain the situation, anything you say may be used against you. Contact an experienced criminal defense attorney immediately to protect your rights.
Depending on the circumstances and evidence in your case, charges may be reduced or dismissed. However, each case is unique and requires thorough evaluation by an experienced attorney to determine potential outcomes.
The length of an investigation varies significantly based on many factors, including the complexity of the case, available evidence, and law enforcement resources. Some investigations may take weeks or months to complete.
No. Any contact with the accuser or their family could be used against you or result in additional charges. All communication should go through your attorney.
In California, the decision to pursue criminal charges lies with the prosecutor, not the accuser. However, if the accuser recants or becomes uncooperative, this may affect the strength of the prosecution’s case.
“I came to David Shapiro to end my probation early and expunge my case. I had a very positive and very informative experience with him. David and his assistant Maria were excellent and always kept in the loop of what was going on.”
“Helping good people get their lives back is not just a catch phrase. They mean what they say and are serious about taking care of the client. Ally Keegan and the team at Law Office of David Shapiro are AMAZING! My charges for a 25 plus year old case were dismissed, it was not easy but I truly believe that if I had went with any other Law Firm that the outcome would have been very different. Thank you Ally for helping me get my life back!”
“I called many lawyers after I got my DUI. Stefano was the only lawyer who put my mind at ease and gave me a sense of relief. He constantly communicated with me about my case and laid out all my options. He was willing and able to do whatever he could to help me. He went above and beyond what was expected.”
“I have used David 2 times in the past and he has by far exceeded my expectations. He has great knowledge and knows the system. He is straight forward and honest and somebody you can trust without doubt. I would recommend him to friends, family, and anybody that needs help. Best attorney I’ve ever come across.”
“Stefano Molea was extremely professional and consistently timely with responses to my questions. Most of all, Stefano was reliable. Stefano was diligent with discovery and always prepared and tenacious when relevant to the situation. Stefano is an attorney that you can count on for the best outcome. Thank you Stefano for all you did in my case. You’re so awesome!!!!”
“Ally was an absolute pleasure to work with. Her calm and reassuring demeanor was matched with her excellent knowledge, dedication, thoroughness. We unfortunately found ourselves in need of a criminal lawyer and we can without a doubt say that having Ally and her firm represent us from the beginning was the best choice we could have made.”
