A 20 year old Santa Ana man is facing a maximum of 3 years and six months in custody after being arrested and charged with 1 count of Felony attempted sexual battery, four misdemeanor counts of indecent exposure and three misdemeanor counts of child annoyance. If convicted, he must also register as a sex offender.
It is alleged that the man approached young, underage girls in his car, as they are walking to school and exposed himself. In one incident, it is alleged that he grabbed one young girls wrist, and attempted to pull her arm inside his vehicle through his open window. This young man is facing very serious charges that, if convicted, can have life-long effects. Hiring an Orange County Criminal Defense Attorney, familiar with the laws and defenses associated with these charges and familiar with the Court, Judges and DA’s involved in the case, will ensure the best possible outcome.
Penal Code 243.4 PC California’s sexual battery law makes it a crime to touch another person without that person’s consent with the specific intent to cause sexual arousal, sexual gratification or sexual abuse. Most instances of sexual battery, also known as sexual assault, are prosecuted as misdemeanors. However, if the alleged victim is unlawfully restrained, institutionalized or unaware of the true nature of the act, the offense may be prosecuted as a felony. A conviction of sexual battery, whether filed as a misdemeanor or felony, is punishable by fines, incarceration and registration as a sex offender.
California Penal Code 314 PC makes it illegal to “expose” yourself in public with the specific intent to draw attention to your genitals for the purpose of either (1) sexually arousing yourself or another person, or (2) sexually insulting or offending another person or other people. Although this is typically filed as a misdemeanor, aggravated offenses will be charged as felonies. A conviction of this type also requires registration as a sex offender.
Penal Code 290 PC – The Sex Offender Registration Act requires that people who are ordered by a judge to register as a sex offender do so for the rest of their lives as long as they live, work or attend school in California. When you “register” it means that you keep your local law enforcement agency informed as to your whereabouts. A wide variety of factors dictate how often you must update this information.
There are a variety of legal defenses to these types of charges that a good California criminal defense attorney can present on your behalf. If, however, the evidence is too overwhelming to dispute, exploring the possibility of having your named removed from Megan’s list and/or filing a certificate of rehabilitation or a Governor’s pardon to end your sex offender registration requirements, should be considered.
If you would like to know more about the legal defenses to sexual assault, indecent exposure or sex offender registration, contact Orange County Criminal Defense Attorney William Weinberg at his Irvine, CA office at 949-474-8008 or at www.williamweinberg.com.