Sexual Assault Attorney in San Jose/Santa Cruz, Monterey
Providing Diligent Representation to Clients in Santa Cruz and San Jose
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/Santa Cruz/Monterey
criminal defense lawyer, Christine McGuire has a thorough knowledge of
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.
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 defend your rights. With experience as a former prosecutor, Attorney
McGuire will defend you.
Call the office today at (408) 214-0626 for a free consultation.