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