The differences for a sexual assault charges that affect the bond:
The biggest difference is these cases seem to have bail bond changes more often than other charges. Having a good bail bondsman is very important because often these changes will require your bondsman to rewrite the bond or give credit towards a new bond or you will pay twice. These are just a few things that happen more often in a sexual assault case.
- Late filing or filing by DA after the court has exonerated the original bond
- Charges originally filed are often changed or increased requiring a new larger bond
- Bonds reduced or increased will affect premium and collateral used for the bond
- Restraining orders are often place against the arrestee making living arraignments difficult
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 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.
I will explain the bail process so you can make an informed decision. 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