Switch to ADA Accessible Theme
Close Menu
San Diego Criminal Defense Lawyer / San Diego Sexual Assault Lawyer

San Diego Sexual Assault Lawyer

A sexual assault accusation can upend your life in an instant. Whether the allegation stems from a misunderstanding, a false claim, or a situation where the lines of consent are unclear, the consequences of being charged with sexual assault are immediate and severe. You could be facing arrest, public humiliation, loss of your job or family relationships, and the terrifying prospect of prison time and mandatory sex offender registration.

Anthony Z. Vargas, Esq., Attorney at Law, understands that being accused of sexual assault does not make you guilty. Everyone deserves a strong legal defense, especially when facing one of the most serious charges under California law. Anthony Vargas is a seasoned criminal defense attorney and former Public Defender who knows how to defend clients in high-stakes, emotionally charged cases. He appears regularly in courthouses across San Diego County—including El Cajon, Vista, Chula Vista, and downtown San Diego—bringing calm, clarity, and proven legal strategies to those who need them most.

If you or a loved one has been accused of sexual assault, don’t wait to get the legal help you need. The earlier you involve an experienced San Diego sexual assault defense lawyer, the better your chances of protecting your rights and your future.

What Is Considered Sexual Assault in California?

“Sexual assault” is a broad term that can refer to various offenses involving non-consensual sexual contact. In California, many of these offenses are charged under Penal Code § 243.4, which covers sexual battery, or under more specific statutes depending on the nature of the alleged conduct.

Some common scenarios that lead to sexual assault charges include:

  • Touching another person’s intimate parts without consent
  • Sexual contact involving someone who is unconscious, asleep, intoxicated, or otherwise unable to give legal consent
  • Using force, threats, or coercion to obtain sexual contact
  • Taking advantage of a position of authority, such as in a healthcare or caregiving setting

The law doesn’t always require physical resistance or visible injury to file a sexual assault charge. In fact, many cases come down to one person’s word against another’s. That makes it all the more important to have a skilled defense attorney who can challenge the prosecution’s evidence and tell your side of the story.

Penalties for Sexual Assault in California

Depending on the specific allegations and circumstances, sexual assault may be charged as either a misdemeanor or a felony. Factors that influence the severity of the charge include the age and vulnerability of the alleged victim, whether force or restraint was used, whether the accused has a prior criminal history, and the type of contact involved.

For example, misdemeanor sexual battery may be punishable by up to one year in county jail, a fine of up to $2,000 (or $3,000 if the accused was the alleged victim’s employer), summary probation, and mandatory sex offender registration in many cases. In contrast, felony sexual battery or felony sexual assault can carry much harsher consequences, including two to four years in state prison (with additional time if there were aggravating factors), up to $10,000 in fines, formal probation or parole, and mandatory lifetime sex offender registration under Penal Code § 290.

The social fallout of a sexual assault conviction is often just as damaging as the legal penalties. A conviction can follow you for life, affecting where you can live and work and limiting your ability to rebuild your reputation. That’s why a vigorous defense is not just an option—it’s a necessity.

Building a Defense Against Sexual Assault Charges in San Diego

When you’re facing a sexual assault charge, the prosecution has the burden of proving that a crime occurred and that you committed it. Anthony Vargas works to hold them to that burden and to challenge their case at every stage. As a former Public Defender, he knows how law enforcement investigates these cases—and where they often get it wrong.

Depending on the facts, Anthony may pursue defenses such as:

  • Consent – If the alleged victim consented to the act at the time, then no crime occurred. The issue of consent is often complicated, especially when alcohol, drugs, or prior relationships are involved.
  • False accusation – People make false claims for a variety of reasons: jealousy, revenge, regret, or even to gain leverage in divorce or custody proceedings. Anthony thoroughly investigates the motives behind the accusation.
  • Lack of evidence – Many sexual assault cases hinge on weak or contradictory testimony. If the evidence doesn’t support the charge, Anthony will move to have it dismissed or reduced.
  • Mistaken identity – In some cases, the accuser may have misidentified the alleged perpetrator. Anthony can bring in forensic evidence, alibi witnesses, and expert testimony to challenge these claims.

Every case is different, and there is no one-size-fits-all defense strategy. Anthony takes the time to understand what really happened and works closely with you to determine the best path forward—whether that’s a motion to dismiss, negotiating a favorable resolution, or going to trial.

A Serious Charge Requires a Serious Defense

Sexual assault cases are often high-profile, emotionally charged, and deeply personal. You may feel overwhelmed, embarrassed, or hopeless—but you are not alone. Anthony Vargas treats every client with dignity and respect, no matter what they’re accused of. He believes in your right to a fair trial and your right to be heard.

Anthony’s approach is direct, thorough, and strategic. He will walk you through the process, explain your options, and fight aggressively to protect your rights. His goal is not just to manage your case—it’s to secure the best possible outcome for your future.

Talk to an Experienced San Diego Sexual Assault Defense Attorney Today

If you’ve been arrested or charged with sexual assault in San Diego County, you need experienced legal help right away. The earlier you speak to a lawyer, the better your chances of avoiding charges, securing a favorable plea, or beating the case at trial.

Call Anthony Z. Vargas, Esq., Attorney at Law today for a confidential consultation. In San Diego and countywide, Anthony is ready to stand up for you and help you through this difficult time.