Sexual Assault Lawyer

What Constitutes Sexual Assault

Under California law, sexual assault is considered to be sexual contact or behavior that occurs without explicit consent of the victim. Types of sexual assault include the following:

  • Fondling another individual
  • Unwanted, non-consensual sexual touching
  • Forcing someone to perform sexual acts (e.g., oral sex or penetration) 
  • Attempted rape
  • Penetrating another individual (i.e., rape)

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What’s the difference Between Sexual Assault & Sexual Battery?

Under California’s criminal code, sexual assault and sexual battery share many similarities. However, there are notable differences. For example, to be charged with alleged sexual battery, there needs to be, at a minimum, an offensive touching. In contrast, sexual assault charges can be levied if the alleged victim suffered a mere threat or possible injury.

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Four Degrees of Sexual Assault

First Degree

First-degree sexual assault – also known as aggravated sexual assault – is considered to be the most serious degree of the crime (with the harshest penalties if convicted). First-degree sexual assault involves alleged sexual penetration where the alleged victim was under the age of 13 or the alleged victim is between the ages of 13-18 AND one of the following:

  • The alleged victim was a member of the same household as the defendant
  • The alleged victim was a relative of the defendant
  • The defendant was in a position of authority over the victim
  • The defendant used some form of force or coercion to assault the victim
  • The defendant was allegedly armed with a weapon
  • The alleged victim suffered an injury
  • The alleged assault occurred while another crime was being committed by the defendant

If convicted of first-degree sexual assault, a defendant could be ordered to spend the remainder of their life in prison.

Second Degree

Second-degree sexual assault involves alleged sexual contact that took place in the above-described situations.

If convicted of second-degree sexual assault, a defendant could be ordered to serve up to fifteen years in prison.

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Third Degree

Third-degree sexual assault involves alleged sexual penetration that took place in the context of the following situations: 

  • The victim was a minor
  • The victim was forced and/or coerced
  • The victim was incapacitated at the time

If convicted of third-degree sexual assault, a defendant could be ordered to serve up to fifteen years in prison.

Fourth Degree

Fourth-degree sexual assault involves alleged sexual contact that took place in the context of the following situations: 

  • The alleged victim was a minor;
  • The alleged victim was forced and/or coerced into the alleged sexual contact; and/or
  • The alleged victim was incapacitated at the time of the alleged sexual contact

The punishment associated with a fourth-degree sexual assault conviction will vary depending on the specific circumstances of your case.

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How Kevin Heaney Can Help You

If you find yourself in need of sexual assault lawyer near you,  then look no further. The Law Offices of Kevin Heaney are here to help.

If you were charged with allegedly committing sexual assault, you owe it to yourself to retain top-notch legal representation. As described above, the ramifications of a sexual assault conviction are serious and potentially life-altering. An experienced and knowledgeable sexual assault defense attorney can help guide you through the complexities of the California legal system and advocate for your best interests.

To learn more, contact the Law Offices of Kevin Heaney today. Kevin possesses more than two decades of experience helping individuals charged with an array of criminal offenses, including sexual assault and other sex crimes. Schedule a case evaluation today.

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Testimonials

Here’s what clients had to say about Kevin Heaney’s work
Kevin did an amazing job. He turned a nightmare into a really manageable situation. Without going into detail, I was facing some complications due to my record that would have made for a lengthy and grand problem. He was able to get it mitigated and really came away amazing, compared to where we started. Worth every penny and more. I feel that the work he did was more than commensurate for what he charged me. I will use him in the future and I would recommend him to family and friends.
G.K.
Amazing honest and efficient lawyer! Kevin knows the ins and outs of the criminal system. He is the definitely the guy to have on your side. I won’t go into the details of the case, but my brother got involve in a domestic violent situation and we needed a good Marin lawyer that wouldn’t charge an arm and a leg to take his case. I was referred to Kevin by a friend of mine. I noticed on the initial phone consultation that he really wanted to help. We were able to work out a very reasonable price for the handling of the case, so we hired him. Kevin worked hard since day one, and he got my bro a very good deal with the DA. Our family is thankful to have hired him.
M.T.
I contacted Kevin when I needed legal representation in a case which I felt required a high level of client service and representation. He was always right there for me when I needed him, whether it was showing up early for hearings, to the individualized attention I received at the courthouse, and having private meetings in his office anytime, as often as needed without any rescheduling. Kevin approached my case with care and made me feel comfortable as he took the time to thoroughly review my case history, explain my options to me, and was readily available and responsive when I had questions or just needed to talk to him. He treated my case with genuine care and attention it deserved and my case results certainly reflected his strong personal and professional attributes. I wouldn’t hesitate to contact Kevin again if the need arises.
M.K.
I received the best possible outcome by giving my case to Kevin Heaney. He fought for me the entire way until he got my case dismissed! I have never come across a lawyer that cares so much about his clients or what happens to them. His rates are very affordable and he is open to negotiate the numbers. It is clear that he wants to help. Kevin knows his stuff and he is on top of it. He is also very personable, kept me in the loop of things throughout the process and always returned my calls and emails. I am grateful and lucky to have found Kevin. He is a true professional and knows how to get it done.
N.H.
I wanted to thank you for the excellent job you did on getting Luis Correa’s case dismissed. You were very efficient and with minimal stress to Mr Correa. He had full confidence in you and you made it very easy for him to put this case in your hands. The fact that he only had to meet with you a few times and only able to provide you with minimal information he had on his case was a blessing that you were able to get the case dismissed! You know your stuff! Thank you once again and Mr Correa is very pleased with the outcome and can get on with his life without this case over him.
M.S.