Sexual assault and sex offense charges in California: what are they, and what happens to your case?

California charges sexual contact or sexual acts without legal consent under several Penal Code sections, from misdemeanor sexual battery to rape, which carries three, six or eight years in state prison (§§ 243.4, 261 and 264). Many of these convictions also require sex offender registration for at least 10 years, at least 20 years, or life, depending on the tier (§ 290). Once a rape or a registrable offense is charged, the court must consider a criminal protective order on its own motion (§ 136.2).

This page is for people who have been accused, contacted by a detective, arrested or charged in Orange County or San Diego County. It explains the main California offenses in plain terms, how a case moves through the Orange County courts, what registration means, and what to do while the case is pending. Sexual assault cases are part of the criminal defense work listed on the practice areas page. Being accused is not the same as being guilty; the prosecution has to prove every element of the charge.

Which offenses are involved?

"Sexual assault" is a general phrase. The Penal Code uses specific offenses, each with its own elements and penalties. The main sections are summarized below; the exact charge depends on the facts alleged and the age and capacity of each person.

Some charges overlap with other areas of criminal law. A charge involving a spouse or partner is also a domestic violence matter, covered on the domestic violence page. A charge built on physical force alone may be an assault or battery charge, explained on the assault and battery page.

How a case works in Orange County, step by step

1. The investigation. A case can start with a report to police and an investigation before any arrest. A detective may call and ask to "hear your side". Speak with an attorney before answering any questions.
2. Arrest or a filed complaint. A case can begin with an arrest or with charges filed by the district attorney. Release before trial, bail and conditions are explained on the bail hearings page.
3. Arraignment. At the arraignment, the defendant is brought before the court to plead to the charges in the complaint, as the Orange County Superior Court describes it. If you need an interpreter, you can ask the clerk's office or the courtroom on arrival.
4. The protective order. When the charge is rape, unlawful sexual intercourse or another registrable offense, the court must consider a criminal protective order on its own motion (§ 136.2(e)(1)). The orders a criminal court can make include orders under Family Code § 6320, which can bar contacting the person named, directly or indirectly (§ 136.2(a)(1)(A); Fam. Code § 6320(a)).
5. Pretrial and motions. The prosecution and defense meet in pretrial conferences to discuss whether the case can be resolved, and motions are heard.
6. Felony cases: preliminary hearing. In a felony, a judge holds a preliminary hearing on the evidence. If the defendant is held to answer, a new charging document called an Information is filed and the defendant is arraigned again.
7. Resolution or trial. The case ends with a dismissal, a plea, or a trial before a judge or a jury, followed by sentencing if there is a conviction.

Where the case is heard depends on where the events happened. The Harbor Justice Center, 4601 Jamboree Road, Newport Beach, handles criminal matters for cities including Irvine, Newport Beach, Laguna Niguel and Mission Viejo. The Central Justice Center, 700 Civic Center Drive West, Santa Ana, lists all Orange County cities for various felony hearings. If a warrant has been issued, the court's self-help page says to report to the Criminal Operations Department at the justice center that ordered the warrant by 8:00 a.m., Monday to Friday.

What does sex offender registration mean?

Section 290 lists the offenses that require registration, including § 243.4, § 261, §§ 286, 287 and 288, and, for offenses committed on or after January 1, 2026, § 261.5(c) and (d) (§ 290(c)(1)). A registrant must register with the police in the city where they live, or the sheriff if there is no city police department, within five working days of moving into or changing residence, and keep registering as the Act requires (§ 290(b)).

The minimum period for tiers one and two starts on release from incarceration, placement or commitment, and it is extended by one year for each misdemeanor failure to register and three years for each felony failure to register (§ 290(e)). After the minimum period, a tier one or tier two registrant may petition the superior court in the county where they are registered to end registration; the district attorney can ask for a hearing, and if the petition is denied the court sets a waiting period of one to five years before a new petition (§ 290.5(a)). The California Department of Justice provides the public with certain information on registered sex offenders on the Megan's Law website under § 290.46. A dismissal under § 1203.4 does not by itself end the duty to register (§ 290.007).

What changes the answer?

• The exact section and subdivision charged. Sexual battery under § 243.4(e) is a misdemeanor, while § 243.4(a) can be a felony, and rape under § 261 is a felony with a state prison range (§ 264).
• Age. The age of each person decides whether § 261.5 applies and which subdivision, and higher terms apply where a minor is involved (§§ 261.5, 264(c), 288).
• Capacity and consent. Section 261 turns on the circumstances it lists, such as force, threats, intoxication the accused knew or should have known of, or a person unconscious of the nature of the act (§ 261(a)).
• Registration. Whether a conviction requires registration, and which tier, follows § 290(c) and (d).
• A relationship with the person. A partner or spouse brings in domestic violence rules, protective orders and, if there are children, custody consequences; the custody page explains the family court side.
• Immigration status. Before accepting a guilty or no contest plea, the court must warn that a conviction may lead to deportation, exclusion or denial of naturalization (§ 1016.5(a)). This office does not give immigration advice; a separate immigration attorney should be consulted before any plea.
• Later relief. The usual dismissal under § 1203.4 is not available for some offenses, including § 288 and a felony under § 261.5(d) (§ 1203.4(b)).

A worked example

For example, take a hypothetical graduate student, Sina, 24, who lives in Irvine and is in the United States on a student visa. After a second date with someone he met online, she reports to police that he touched her without her consent. A week later an Irvine detective calls Sina and asks him to come in and "clear things up".

Sina does not go in alone. He calls an attorney, who contacts the detective so that any communication goes through counsel. Weeks later, the district attorney files a misdemeanor sexual battery complaint under § 243.4(e). Sina is arraigned at the Harbor Justice Center, with a Persian interpreter available on request, and pleads not guilty. The court issues a criminal protective order that bars any contact with the complaining witness, including through friends or social media, and Sina follows it strictly. His attorney obtains disclosure, including messages from both people, and explains that sexual battery under § 243.4 is a registrable offense under § 290(c). Because Sina is not a citizen, he also consults a separate immigration attorney before deciding anything about a plea. How the case ends depends on the evidence; this example shows the process, not a result.

Common mistakes

• Giving a statement to "explain". A call to "hear your side" is part of the investigation. Speak with an attorney first.
• Contacting the person to apologize or clear the air. Even a message can become evidence or a violation of a protective order.
• Asking friends to pass on messages. Indirect contact can also violate a protective order.
• Deleting messages or accounts. Preserve everything; your attorney decides what matters.
• Accepting a plea without understanding registration and immigration. Both can continue after the sentence itself is over.
• Assuming a dismissal later ends registration. Under § 290.007, a § 1203.4 dismissal does not by itself end the duty to register.

What to do this week

1. Do not discuss the allegation with police, the other person or mutual friends.
2. Write down a timeline, privately, for your attorney only.
3. Save messages, call logs, photos and app data, without editing or deleting anything.
4. Find any papers you received: citation, release terms, protective order or court date.
5. If you are not a U.S. citizen, note your status and contact an immigration attorney.
6. Read about the attorney on the about page.
7. Book a confidential meeting through the contact page before your first court date.

Questions clients ask about sexual assault and sex offense charges

• Do I have to register as a sex offender under Penal Code 290, and which tier applies?
• Can registration end? Petitioning under Penal Code 290.5
• What does a criminal protective order mean if the accuser is my partner or spouse?
• How can a sex offense charge affect a green card or visa?
• Accused after a date: what happens next in California?
• A detective wants to talk before any charge: what should I do?
• What happens at an arraignment in Orange County?
• Can a sexual battery conviction be dismissed under Penal Code 1203.4?

Frequently asked questions

Is sexual battery a felony or a misdemeanor in California?

It depends on the subdivision. Sexual battery under § 243.4(e) is a misdemeanor with up to six months in county jail and a fine up to $2,000, while § 243.4(a) can be charged as a misdemeanor or a felony.

Does every sex offense conviction mean registration?

Registration applies to the offenses listed in § 290(c), which include § 243.4, § 261, §§ 286, 287 and 288, and certain § 261.5 offenses committed on or after January 1, 2026. Your attorney should check the exact section before any plea.

How long does registration last?

The minimum is 10 years for tier one, 20 years for tier two and life for tier three (§ 290(d)). After the minimum, tier one and tier two registrants may petition to end registration (§ 290.5(a)).

What does a criminal protective order stop me from doing?

The terms are written on the order itself, and they can include an order not to contact the person named, directly or indirectly (§ 136.2(a)(1)(A); Fam. Code § 6320(a)). Read the order with your attorney and follow every term exactly.

Will a conviction affect my immigration status?

It may. The court must read a warning about deportation, exclusion and naturalization before accepting a plea (§ 1016.5(a)). This office does not give immigration advice, so consult a separate immigration attorney early.

Can I get the case expunged later?

Dismissal under § 1203.4 is not available for some offenses, including § 288 and felony convictions under § 261.5(d) (§ 1203.4(b)), and where it is granted it does not by itself end registration (§ 290.007).

The Law Office of Sourena Sarbazevatan represents people in Orange County and San Diego in sexual assault and sex offense matters, in English and Persian (Farsi). Call (949) 591-9596 or use the contact page.