Sexual Assault Attorney in Rancho Cucamonga

Felony & Misdemeanor Sexual Battery Defense Under California PC 243.4

A charge under California Penal Code 243.4 moves fast. The arrest alone can cost you your job, your housing, and your standing before a single court date is set. The Law Offices of Kirk Tarman & Associates defends clients facing sexual assault and sexual battery charges in Rancho Cucamonga and throughout Southern California. Kirk Tarman has spent over 25 years in San Bernardino County courtrooms, the firm’s practice is 100% criminal defense, and our attorneys are available around the clock for new client calls.

Our firm has obtained Not Guilty verdicts on two felony counts of sexual battery. Past results don’t guarantee the outcome of any future matter, but those verdicts reflect the trial-tested defense we bring to every PC 243.4 case.

Facing a sexual battery charge? Call us now at (909) 658-7341 for a free case evaluation. We’re available 24/7 and offer Spanish-language service.

What California PC 243.4 Actually Covers

Sexual battery under Penal Code 243.4 is the unlawful touching of another person’s intimate parts without consent and for the purpose of sexual arousal, gratification, or abuse. No intercourse or penetration is required. That’s the key distinction between PC 243.4 and rape under PC 261, which requires non-consensual sexual intercourse. Someone accused of unwanted sexual contact short of intercourse faces a sexual battery charge, not a rape charge.

PC 243.4 is a wobbler offense, meaning prosecutors can file it as either a misdemeanor or a felony. The charging decision depends on the specific facts and the defendant’s criminal history. To convict, the prosecution must prove beyond a reasonable doubt that the defendant touched an intimate part of another person, that the touching was against that person’s will, and that it was done for a sexual purpose.

Felony charges require an additional aggravating element: the prosecution must show unlawful restraint of the victim, that the victim was unconscious or medically incapacitated, or that the victim was institutionalized for medical treatment at the time of the alleged offense.

Penalties for a PC 243.4 Conviction

The sentencing range differs significantly depending on whether the charge is filed as a misdemeanor or a felony.

Misdemeanor PC 243.4:
Up to one year in county jail and fines up to $2,000. Firearm possession is prohibited for 10 years following conviction.

Felony PC 243.4:
Two, three, or four years in California state prison and fines up to $10,000. If great bodily injury occurred, an additional three to five years may be added. Firearm possession is permanently prohibited.

Sex Offender Registration:
Both misdemeanor and felony convictions require registration under California Penal Code 290. Under California’s tiered Sex Offender Registration Act, registration can run 10 years, 20 years, or for life depending on the tier assigned to the offense. Registration affects where a person can live, what jobs they can hold, and what professional licenses they can keep.

PC 243.4 is classified as a crime involving moral turpitude, which can affect immigration status and professional licensing. It isn’t a strike offense under California’s Three Strikes law. A felony charge may also be eligible for reduction to a misdemeanor through a PC 17(b) motion, which asks the court to reclassify the offense based on the facts of the case.

Defense Strategies for Sexual Battery Charges

Every PC 243.4 case turns on its specific facts. Kirk Tarman investigates each matter independently, including witness interviews, evidence gathering, and a full review of how law enforcement conducted its investigation.

Defenses we examine in sexual battery cases:

• Consent: If the alleged victim consented, or if the defendant reasonably believed the contact was consensual, no sexual battery occurred. Text messages, voicemails, and eyewitness accounts can all support a consent defense.
• Lack of sexual intent: PC 243.4 is a specific intent crime. If the touching was accidental or had no sexual purpose, the prosecution can’t meet its burden of proof.
• False allegations: Accusations sometimes arise from personal disputes, relationship conflicts, or a party seeking leverage in civil proceedings such as a divorce. We investigate the accuser’s motive and look for inconsistencies in their account.
• Mistaken identity: When the alleged victim didn’t know the accused, or multiple people were present, alibi evidence and surveillance footage can be decisive.
• Insufficient evidence: Many PC 243.4 cases rest on witness testimony alone. We challenge the reliability of that testimony to create reasonable doubt.
• Constitutional violations: Evidence obtained through illegal searches, seizures, or improper interrogations can be suppressed, which may result in reduced or dismissed charges.
• Prefiling intervention: Before charges are formally filed, an attorney can present the defense to investigators or the filing prosecutor and potentially prevent a criminal filing altogether.

Why Acting Early Matters in Sexual Battery Cases

An allegation alone, well before any finding of guilt, can damage professional relationships and community standing. Sexual battery cases typically depend on witness credibility and circumstantial evidence, and that evidence is most effectively challenged before accounts solidify. Waiting weakens your options. Getting an attorney involved early, before charges are even filed, can affect whether a case moves forward.

Defending Sexual Assault Cases at the Rancho Cucamonga Courthouse

Our firm appears regularly at the Superior Court of California, County of San Bernardino, Rancho Cucamonga District. That consistent courthouse presence means Kirk Tarman knows the local prosecutors, understands judicial preferences, and applies that knowledge to bail decisions, plea negotiations, and trial strategy.

The firm has been recognized by Three Best Rated for criminal defense in Rancho Cucamonga in both 2024 and 2026. Kirk Tarman personally oversees every case from investigation through trial, and the practice is 100% criminal defense. Flexible payment plans are available.

Get a Free Case Evaluation From a Sexual Assault Lawyer in Rancho Cucamonga

If you’ve been charged with sexual battery or are under investigation for a PC 243.4 offense, don’t wait. Call The Law Offices of Kirk Tarman & Associates at (909) 658-7341 to speak with our team. We offer free case evaluations, are available 24 hours a day, and provide Spanish-language service to clients in Rancho Cucamonga and throughout Southern California.