You should not take an arrest for sexual battery lightly in Utah. If convicted on such charges, your life might be forever altered. Because of this, you should contact our lawyers to begin building your defense right away.
Sexual battery is classified as a class A misdemeanor in Utah and is defined as the intentional touching, whether through clothing or not, of another person’s genitals, in a manner that would affront or offend them. It differs from other sexual crimes in terms of severity in sentencing. For example, a conviction of a class A misdemeanor charge could result in up to a year in jail and a fine of up to $2,500, while a conviction of a felony offense related to sexual violence might come with more serious penalties. If you were arrested for sexual battery in Utah, stay silent and wait for our lawyers to arrive. We can then build your defense and prepare your case for court. If you were convicted of sexual battery in the past, our lawyers may be able to get it expunged from your criminal record, depending on how much time has passed since your conviction.
To have our Salt Lake City sex crimes defense lawyers review your case for free, call Overson Law, PLLC today at (801) 758-2287.
How Does Utah Define Sexual Battery?
Sexual battery is a legal term used to describe certain criminal unwanted sexual actions or advances. Though a serious charge, it does not carry the same penalties as other crimes related to sexual violence in Utah.
According to Utah Code § 76-9-702.1(1), Utah defines sexual battery as the intentional touching, through or under clothing, of certain parts of another person’s body, such as their genitals, in such a manner that it would alarm or upset the person being touched. For example, grabbing someone in an aggressive sexual manner could be considered sexual battery in Utah.
Some actions notably do not meet the definition of sexual battery and are often more serious charges. These include rape of an adult or child, forcible sexual abuse, aggravated sexual assault, or any attempts to commit such acts.
In Utah, sexual battery is categorized as a class A misdemeanor, while other sexual offenses, like rape, may be considered felonies in the first degree. Because of this, getting charges reduced to sexual battery might allow those facing initially more severe charges to avoid life-altering consequences.
How Are Those Convicted of Sexual Battery Penalized in Utah?
Since sexual battery is a class A misdemeanor, the penalties associated with a conviction might be less severe than what defendants anticipate. Still, having a criminal record pertaining to sexual violence in any way might negatively impact your life moving forward.
According to Utah Code § 76-3-204(1), a conviction of a class A misdemeanor in Utah could lead to about a year in jail. Those convicted of sexual battery might also be fined up to $2,500. Depending on the specifics of your case and the judge assigned to it, you might get no jail time in exchange for probation and a fine if convicted. If this is your first offense, you might be likely to get a lesser sentence.
On top of the legal repercussions you might face for a sexual battery conviction, you might face social consequences as well. Those with criminal records might face difficulty securing employment or safe housing. Our South Jordan sex crimes defense lawyers will aim to build a case capable of getting the charges against you dropped, or depending on the facts of your case, we might be able to reduce the charges against you, eliminating the chances of you going to jail for sexual battery.
What to Do if You Are Arrested for Sexual Battery in Utah?
If you were arrested on charges related to sexual battery in Utah, contact our lawyers immediately so that you do not unintentionally jeopardize your case. For example, speaking with law enforcement after an arrest might undermine your defense.
While getting arrested for sexual battery can be confusing and shocking, it is important to remain quiet after being arrested. Ask to contact our lawyers right away, and do not speak with police officers without us present. If you do, you might misspeak and say something that hurts your defense.
After you are arraigned on charges related to sexual battery or other sexual offenses, our lawyers can explain how to post bail if bail is set in your case. Posting bail will be important so that you can contribute to your defense as you await trial and throughout your case in Utah.
Can You Get a Sexual Battery Conviction Expunged in Utah?
Because sexual battery is classified as a class A misdemeanor in Utah, you might be eligible for expungement after enough time has passed since your conviction.
If you want a sexual battery conviction expunged from your criminal record, our lawyers can determine if your charges are eligible. Generally speaking, class A misdemeanors can be expunged once five years have passed from a conviction. If you were arrested for sexual battery and the charges against you were dismissed, whether before or during trial, you can get the arrest expunged far more quickly.
Fortunately for many defendants, first-time convictions of sexual battery will not put you on the sex offender’s registry in Utah. That said, additional convictions of sexual battery will put you on the sex offender’s registry. Even though you will not have to register as a sex offender for a conviction of a class A misdemeanor related to sexual battery, such information will be available through a search of your criminal record. Because of that, seeing if your charges are eligible for expungement and taking the necessary steps to get them erased from your record may be important for your future.
Call Our Utah Lawyers About Your Case Today
You can call Overson Law, PLLC at (801) 758-2287 to get a free case review from our Park City, UT sex crimes defense lawyers.
