Sexual Assault Attorney in San Jose

Providing Diligent Representation to Clients in Santa Cruz and San Jose

The McGuire Law Office has guided numerous clients to successful legal outcomes. If you have been arrested and charged with sexual assault, it is important to seek knowledgeable legal services immediately. California imposes harsh penalties on those convicted of sexual assault, and Attorney McGuire will work tirelessly to protect your rights in court. As a San Jose criminal defense lawyer, Christine McGuire has a thorough knowledge of federal and state laws regarding sexual assault. Contact the law office today to discuss your case with a tenacious legal advocate.

Sexual Assault Laws in California

Sexual assault involves a number of offenses, including sexual battery, rape, and forcible penetration with a foreign object. Allegations of sexual assault and abuse must be thoroughly investigated to determine the facts of the incident. Evidence may involve witness statements, medical records, police reports, and pictures or other documentation of the scene.

In general, sexual assault involves sexual actions with a person who:

  • Is forcibly restrained
  • Is mentally incapacitated
  • Is unconscious
  • Is otherwise unwilling or unable to give consent

Sexual battery involves touching a person’s intimate parts for sexual gratification while they are restrained, and can be charged as a misdemeanor or felony. If convicted of a misdemeanor, the defendant may face up to a year in jail and up to $2,000 in fines. However, a felony conviction could result in 2-4 years in state prison and up to $10,000 in fines.

Rape involves sexual intercourse with another person who is unable or unwilling to give consent. It often involves the use or threat of force and physical violence. Penalties include 3-8 years in prison, and if the victim is between the ages of 14 and 18, the penalties will increase to 7-11 years in prison. However, if the victim was under the age of 14, the penalties will increase to 9-13 years in prison.

Forcible penetration with a foreign object involves penetrating a victim’s genitals or anus with an object. This is a felony offense that is punishable by up to 8 years in prison, as well as restitution and fines. Furthermore, those convicted will have to register as sex offenders with the state of California, as will those who have been convicted of other sexual crimes.

Efficient Representation for Clients in San Jose

Attorney Christine McGuire, of The McGuire Law Office, passionately represents clients charged with sex offenses. If you have been arrested and charged with sexual assault, our San Jose criminal defense lawyer can uphold your rights. With experience as a former prosecutor, Attorney McGuire will listen to your concerns and represent you diligently in court.

Call the office today at (408) 214-0626 for a free consultation.

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