Sexual Assault Lawyer in Orange County

Trusted Sexual Assault Defense in Orange County

Any sexually related charge is a serious matter that can lead to the loss of your freedom and negatively impact other aspects of your life. 

If you are being investigated for or have been charged with a sexual assault offense, it is imperative that you retain the services of a trusted and proven criminal defense lawyer. In Laguna Beach and the surrounding areas, you can turn to my firm for the help you need.

It is critical to remember never to give statements to law enforcement or accept any kind of plea bargain without consulting with a lawyer. As an Orange County sexual assault attorney, I, Attorney Castillo, can draw on my 25+ years of experience to help protect your rights and seek a favorable result. 

The sooner you call me, the sooner I can get to work examining the details of your arrest to find holes in the evidence and build a strong defense for you.

Arrested for sexual assault? Contact me online or call at (949) 234-6525 as soon as possible to arrange for a free, initial consultation to discuss your situation.

Understanding Sexual Assault Laws in California

In California, "sexual assault" is a broad term that covers several different statutes under the Penal Code. As your Orange County sexual assault lawyer, I begin by identifying the specific charges the prosecution is pursuing. 

The legal definitions of these crimes are precise, and the differences between them can mean the difference between a misdemeanor and a life-altering felony.

• Sexual Battery (Penal Code 243.4): This is the legal term for what many call "sexual assault." It involves the unwanted touching of an intimate part of another person for the purpose of sexual arousal, gratification, or abuse. Depending on the circumstances—such as whether the victim was restrained or institutionalized—this can be charged as a misdemeanor or a felony.
• Rape (Penal Code 261): This statute defines rape as non-consensual sexual intercourse achieved through force, violence, duress, menace, or fear. It also includes situations where the victim was incapable of giving consent due to intoxication or unconsciousness.
• Forcible Penetration (Penal Code 289): This involves the use of a foreign object or body part (other than a sexual organ) to penetrate the genital or anal opening of another against their will. Like rape, this is a serious felony that triggers severe mandatory penalties.
• Lewd Acts with a Minor (Penal Code 288): Any sexual contact with a child under 14 is prosecuted with extreme severity, regardless of whether the minor allegedly "consented."

When you work with a sexual assault attorney in Laguna Beach, it is vital to distinguish these charges from related offenses. I use my 30 years of experience to dissect the prosecution's specific claims and identify the statutory weaknesses in their case.

Penalties and Collateral Consequences of Sexual Assault Convictions in California

The "penalties" for a sexual assault conviction are among the most restrictive in the United States. Our firm works tirelessly to protect you from the long-term damage these convictions cause.

Depending on the circumstances, sexual assault may be charged as either a misdemeanor or a felony. For example, if the act was done by a medical professional who convinced the victim that it was for medical purposes, the offense is a felony. It would also be likely charged as a felony if the victim was seriously disabled or incapacitated.

Potential Penalties for Sexual Assault in California:

• Misdemeanor offense (without aggravating factors): up to 6 months in jail, a fine of up to $2,000 or a fine of up to $3,000 if the victim was employed by the defendant, or probation for up to 5 years, which can include community service, a batterer's program, or other probationary conditions
• Felony offense: 2, 3, or 4 years in a state prison, a fine of up to $10,000, or formal felony probation; if the victim was seriously injured, the prison term could be extended by 3 to 5 years

You may also be required to register as a sex offender, which can severely impact many aspects of your life, including employment, housing, and more. If you are a registered sex offender, some of your personal identifying information becomes public, which means anyone can access it.

Defending Against Sexual Assault Charges

A strong defense to a sexual assault accusation begins with a thorough, independent review of all available information rather than simply relying on the police version of events. I look for inconsistencies between statements, gaps in the investigation, and physical or digital evidence that may contradict the allegations. 

In many cases, text messages, social media posts, or surveillance footage from locations in Orange County can provide important context about the nature of the relationship, the events leading up to the incident, or the motivations of the complaining witness. Careful analysis of this material can uncover defenses that are not obvious from the initial police report.

There is no single strategy that fits every case, so I tailor the defense approach to the specific facts and risks you are facing. Possible defenses may include:

• Challenging whether any touching occurred
• Disputing that any contact was for sexual purposes
• Asserting that contact was consensual
• Arguing that the identification of the accused person is unreliable

I may also question how law enforcement conducted the investigation, including whether they failed to interview witnesses, ignored exculpatory evidence, or used suggestive techniques that influenced statements.

In some situations, it may be appropriate to consider negotiated resolutions that reduce charges or penalties, especially where the evidence is disputed and the potential trial risk is significant. I discuss all available options with you, including the possibility of prefiling intervention, early dismissal motions, or alternative sentencing programs that may be available in specific courthouses.

Honest Advocacy for Results—Contact Us Now

At Alan Castillo – Attorney at Law, I stand ready to help you at this critical time. Allow me to use my considerable knowledge and skills to fight for you.

When I take on a sexual assault case in Orange County, I start by listening carefully to your account so I understand what happened from your point of view and what is at stake for you personally and professionally. I then compare your statement to the police reports, forensic evidence, and any witness interviews to identify inconsistencies, exaggerations, or gaps in the government's case.

Many clients facing these charges are professionals, students, or parents who have never been in trouble before and are unfamiliar with the local court system. I guide you through each stage of the process in Harbor Justice Center, Central Justice Center, or other Orange County courthouses, explaining what to expect at arraignment, pretrial hearings, and, if necessary, trial.

 Throughout your case I stay accessible to answer questions, review options, and help you weigh the risks and benefits of any offer so you are not making decisions in the dark.

Call my firm at (949) 234-6525 or contact me online to get started today. Available 24/7.