Sexual Assault Attorney in Dublin

Defending Those Accused of Sexual Misconduct in the Tri-Valley

California law refers to sexual assault as sexual battery. This crime recognizes that certain types of touching, which are sexual in nature, constitute serious offenses that may lead to misdemeanor or felony charges. Sexual assault is often alleged in domestic violence cases, where one individual claims sexual misconduct against a spouse, romantic partner, or even a relative.

If you or someone you know has been accused of sexual assault in or around the Tri-Valley area, your first priority should be to contact The Law Office of Christopher A. Lamiero. This is a crime that can have serious repercussions, including long periods of incarceration, heavy fines, and mandatory registration as a sex offender. 

Our Dublin sexual assault defense attorney has a long history as a former prosecutor, which gives him a unique advantage in understanding and strategizing against the other side. Having seen how unjust the criminal process can be toward defendants, Attorney Christopher Lamiero brings complete dedication to every case.

Contact us today at (925) 259-3337 for an honest assessment of your case and how it can be defended by a sexual assault lawyer in Alameda County.

California Sexual Assault Laws Explained

In California, "sexual assault" is a broad term that encompasses various offenses. The most common and severe are defined in the Criminal Sexual Assault statutes (often colloquially referred to as "rape" in its broader context) and Sexual Battery.

Key California Sexual Assault Statutes:

• Rape (Penal Code § 261): This is the core statute for non-consensual sexual intercourse (vaginal penetration). A person commits rape if they engage in an act of sexual intercourse with another person under various circumstances where consent is absent.
• Sexual Battery (Penal Code § 243.4): This applies to non-consensual "sexual contact" (touching intimate parts for sexual arousal/gratification). It is sometimes also referred to as "sexual assault."
• Unlawful Sexual Intercourse (Statutory Rape - Penal Code § 261.5): This applies to sexual intercourse with a minor who is under 18 years of age, but consents to the act. It is still illegal because the minor is legally incapable of giving consent due to age.
• Lewd Acts with a Child Under 14 (Penal Code § 288(a)): This is a severe felony, applicable when a person commits any lewd or lascivious act upon or with a child who is under the age of 14, with the intent of arousing or gratifying the sexual desires of either the person or the child. This offense does not require penetration.
• Continuous Sexual Abuse of a Child (Penal Code § 288.5): This targets patterns of abuse rather than single incidents. It applies when a person repeatedly commits acts of sexual abuse (including sexual contact or penetration) with a child over a period of 3 months or more.

What The Prosecution Must Prove:

In any criminal charge, the prosecutor has the burden of proving all elements of the offense as defined under the law.

The elements of California sexual assault include:

• You touched intimate body parts of the alleged victim while they were restrained by you or someone else; this can include touching through clothing or direct skin contact.
• You touched the alleged victim against their will.
• Your purpose for the unwanted touching was sexual gratification, arousal, or abuse.

Penalties of Sexual Assault Convictions in California

Sexual battery may be charged as a misdemeanor or felony. Penalties for a misdemeanor conviction can include up to six months in jail and fines of up to $2,000. If you were the alleged victim’s employer, fines may increase to $3,000.

Felony penalties can vary, depending on the circumstances. These can include up to a year in county jail and a fine of up to $2,000, or a state prison sentence for two, three, or four years and/or fines up to $10,000. Felony penalties apply in cases where the alleged victim was mentally incompetent or disabled or where fraud was used to make the victim believe the touching was legitimate, such as for medical purposes. 

Most felony sex crimes will result in mandatory sex offender registration, which restricts many aspects of your life and stigmatizes your identity. You may also face a civil lawsuit by an alleged victim in line with the current #MeToo social movement as well.

Since sexual assault may not result in physical injury, such as bruising or otherwise, allegations can be made falsely and with little proof. These types of allegations often form part of domestic violence accusations made out of spite, jealousy, or retaliation for some perceived slight. The benefit of having a strong defender in such circumstances cannot be overstated.

Key Defense Strategies Against Sexual Assault Accusations

Successfully defending against sexual assault charges requires a meticulous examination of the prosecution's evidence and a strategic application of various legal defenses. Our approach focuses on challenging the core elements of the crime and protecting your constitutional rights.

• Lack of Consent: Argue that sexual activity was consensual, presenting evidence of relationship dynamics, prior encounters, and communications to counter claims of force or incapacitation.
• Fabricated or False Allegations: Thoroughly investigate the accuser's credibility and motives (e.g., revenge, jealousy) and highlight inconsistencies in their statements or behavior.
• Mistaken Identity: Prove that you were not the perpetrator by using alibi evidence, challenging eyewitness identifications, or showing other potential perpetrators exist.
• No Force or Threat of Force: For charges requiring "force or threat of force," argue that no physical force or credible threat was used.
• Incapacity to Consent Not Proven: Challenge whether the prosecution can prove the alleged victim was incapable of knowing consent (e.g., due to intoxication) or that you knew of this incapacity.
• Insufficient Evidence: Argue for dismissal or acquittal by highlighting weaknesses, inconsistencies, or a lack of credible evidence (e.g., unreliable witnesses, lack of corroborating physical evidence, or a delayed report).
• Constitutional Violations: File motions to suppress evidence obtained through unlawful searches/seizures, coerced confessions, or violations of your right to counsel.
• Alibi: Present compelling evidence that you were in a different location at the time the alleged crime occurred.
• Challenging Age of Victim/Defendant (for Statutory Offenses): Meticulously examine age discrepancies; specific facts about false age representations by the child may impact the degree of the crime or sentencing.
• No "Sexual Penetration" or "Sexual Conduct" Proven: Challenge whether the alleged conduct meets the strict legal definitions required by the specific statute, potentially distinguishing it from a lesser offense.

Why Choose The Law Office of Christopher A. Lamiero

When your freedom and future are at stake, the attorney you choose can make all the difference. At The Law Office of Christopher A. Lamiero, our Dublin criminal defense lawyer is committed to providing the highest level of representation, backed by a unique blend of experience, integrity, and dedication.

Here’s what sets our firm apart:

• Over 30 Years of Experience on Both Sides: I, Christopher A. Lamiero, bring over three decades of legal experience to your case. This includes nearly 25 years as a state prosecutor, focusing on complex and high-profile felony cases like murder and rape. This experience offers unique insight into the inner workings of police and prosecuting agencies, allowing me to build defense strategies that put your rights and your freedom first.
• A Hard-Fighting, Respected Litigator: My experience as a prosecutor taught me that no one is more important than the defense attorney. I am a fierce litigator with a deep understanding of the law, a combination that has earned me the respect of the local legal community. I will vigorously fight for your interests, seeking acquittals, charge reductions, and favorable plea deals.
• Accessible and Personalized Service: I understand that facing criminal charges is a daunting experience. My firm is committed to being communicative, accessible, and available 24/7. I offer same-day appointments and, as a Spanish speaker, ensure that language is never a barrier to a strong defense. I provide personalized support and guidance, guaranteeing that your interests are protected every step of the way.

Don’t risk your freedom. Trust a seasoned criminal defense attorney who knows the system from every angle.

Contact Our Sexual Assault Attorney in Dublin, CA Today

At The Law Office of Christopher A. Lamiero, your case will receive the attention and care it deserves, with direct handling from our accomplished attorney from start to finish. When facing any kind of sexual misconduct charge, it is not the time to compromise on legal representation. Bring your case to a proven professional who will work tirelessly on your behalf.

Ready to defend your rights. Call (925) 259-3337 or reach out online for a free case review. Se habla español.