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What is different about a bail bond for a sexual assault?

California Penal Code 243.4 – Sexual Battery

Sexual battery as (which is also called sexual assault) is a serious battery offense under California Penal Code Section 243.4 that can carry severe consequences such as prison time and registration as a sexual offender.

What is different about a bail bond for a sexual assault arrest/charge?

The biggest differences in a bail bond posted for sexual assault verse most other crimes are:

  • The time it takes for the district attorney to file charges
  • Charges originally filed or the counts charged with are often changed or increased
  • Bonds are reduced or increased affecting premium and collateral
  • Restraining orders may be in place against the defendant or arrestee
  • The investigation period in ongoing

What elements must the district attorney have to prove for felony sexual battery?

  • The defendant (or an accomplice) unlawfully restrained another person. Someone is unlawfully restrained when his or her liberty is controlled by words, acts, or authority of another and the restraint is against his or her will. Unlawful restraint requires more than just the physical force necessary to accomplish the sexual touching.
  • While this person was restrained, the defendant touched an intimate part of this other person or touched this other person with his or her own intimate part.
  • The touching was done against the other person’s will.
  • The touching was done for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.
  • The defendant must have touched the bare skin of the other person’s intimate part.OR the other person’s bare skin must have touched the defendant’s intimate part either directly or through clothing. Intimate part is defined as the anus, groin, sexual organ or buttocks of anyone and the breast of a female.

What is the difference between a Misdemeanor and a felony sexual assault?

Misdemeanor sexual battery removes the requirement that the other person be restrained and that touching be made on or with bare skin. Example: someone fondles a woman’s breast through her shirt could be prosecuted for misdemeanor sexual battery as long as the victim was not restrained. If restrained it could be charged as a felony assault.

If you need a bail bondsman who understands sexual assault bonds and specializes in helping people charged with felony and misdemeanors.

A bondsman that will not only explain the bond process but discuss, explain and prepare you for what changes could occur or need to be prepared for. I am Chad Conley the owner of Chad Conley Bail Bonds and I specialize in bail bonds for sexual assault charges. I will give you the lowest priced, honest, straight forward, professional, private, experienced care you need. Please call me to discuss your case at 855-223-2423

Domestic Battery or Violence Bail Bond 101?

Ca “Domestic Battery” Law Penal Code 243(e)(1) PC

The charge of “domestic battery” is one of the more common domestic violence charges.

What is Penal Code 243? 

California’s domestic battery law, Penal Code 243(e)(1) is any willful and unlawful touching that is harmful or offensive—and is committed against the defendant’s spouse or former spouse, the defendant’s cohabitant or former cohabitant, the defendant’s fiancé(e) or former fiancé(e), a person with whom the defendant has or used to have a dating relationship, or the father or mother of the defendant’s child.

What is there is no injuries?

A defendant can be arrested and convicted of domestic battery (sometimes known as “spousal battery”) even if the “victim” is not injured. All that’s required is that the defendant use “force” or “violence”.

What is the difference between Domestic Violence and Domestic Battery?

PC 273.5 Domestic Violence charge which requires that the victim suffer some form of physical injury. Domestic violence is also commonly referred to as domestic abuse, spousal abuse or spousal battery. “Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury. “Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has a dating or engagement relationship.

PC 243 Domestic Battery which is corporal injury on a spouse, cohabitant, or parent not requiring physical injury.

What are the unintended consequences that come with a domestic violence conviction?

Although PC 243 is a misdemeanor it is still crime that will go on your record and can cause you to loose your license if you are a doctor, realtor, lawyer bail bonds etc because it is considered a crime of moral turpitude. If you have been arrested for any form of domestic violence you should post a bail bond immediately and find a good criminal defense attorney to help you with your case. 

What should I do if arrested for DV? 

The first thing you should do is post a bail bond immediately. This will allow you to meet with your attorney or interview attorney’s. Your attorney can be proactive in trying to get the district attorney to not file charges. Sometimes PC243 arrests have nothing more than a he said she said and the police arrest a person because they have liability if someone later gets hurt and yet there is not enough evidence to file and win a case. This is when a good attorney maybe able to convince the DA’s office that the case is too weak to file.

Why should a bail bond be posted immediately when arrested for domestic battery or violence?

It is important to remember that all jail phone calls are recorded. This means you have no privacy to discuss what just occurred. You cannot interview attorney’s nor have a lengthy comfortable private meeting with your attorney to discuss your defense. 

Can Domestic Battery PC 243 be increased to Domestic Violence PC 273.5?

Yes, and this is another reason to post a bail bond immediately. You are arrested for Domestic Battery with no signs of injury. Later bruising shows up and if reported it can give the district attorney the reason to argue the charge should be increased or the defendant should be charged with domestic violence a greater charge which can also be charged as a felony. 

What is the bond amount for Domestic Violence or Domestic Battery?

Domestic Battery is generally charged as a misdemeanor whereas Domestic Violence can be a misdemeanor or a felony. Bail bond amounts generally go from $20,000 to $100,000. The majority of PC 243 bonds are up to $20,000 and the majority of PC 273.5 bonds are $50,000.

If you need help with a domestic violence or battery bail bond please call me for a complete explanation of the process and options. Payments plans available.

Chad Conley Owner of Chad Conley Bail Bonds 855-223-2423