Miami Sexual Battery Attorney
If you or a loved one has been arrested or are under investigation for sexual battery, it is critical to consult with an experienced Miami sexual battery attorney as soon as possible to ensure that your rights are protected. You need the counsel of an experienced sex crimes lawyer to guide you through the process and maximize your chances of resolving your case with a favorable outcome.
What is a Sexual Battery?
In Florida, sexual battery is defined as oral, anal, or vaginal non-consensual contact with another person using one’s sexual organ or an object. A person may face more severe sexual battery charges depending on the facts and circumstances of the case.
Possible Punishment for Sexual Battery
The penalties for sexual battery depend on the parties’ ages and the circumstances of the crime. The penalties for sexual battery depend on the age of the offender, the victim, or if there were any aggravating circumstances. Generally, the crime of sexual battery is a second-degree felony punishable by a maximum sentence of 15 years in state prison, up to 15 years of sex offender probation, and a maximum fine of $10,000. A person convicted of sexual battery will be ineligible for gain time and must serve their sentence day-for-day. They will also be required to register as a sexual offender/predator and is ineligible to petition for removal from state or federal registration laws.
Enhanced Punishment for Aggravated Sexual Battery
Aggravated sexual battery is when someone commits a sexual battery upon another person under aggravating circumstances. Some of these aggravating circumstances are when the victim is physically helpless to resist, coerced by threats of violence, drugged, or the offender is a law enforcement officer, correctional officer, or correctional probation officer.
Aggravated sexual battery on a person 18 or older is a first-degree felony with a maximum punishment of 30 years in state prison, up to 30 years of sex offender probation, and a maximum fine of $10,000.
Aggravated sexual battery on a person between 12 and 18 years old is a life felony with a maximum punishment of life in prison, sex offender probation for life, and a maximum fine of $10,000.
Sexual Battery on Children Younger than 12
It is a capital felony when the alleged victim is younger than 12 years old, the defendant is 18 or older, and the defendant allegedly injures the victim’s sexual organs while committing or attempting to commit a sexual battery. The judge must sentence a person convicted of capital sexual battery to life without parole if they are convicted.
It is a life felony when the alleged victim is younger than 12 years old and the defendant is younger than 18. If a person is convicted, they face a maximum sentence of life in prison, sex offender probation for life, and a maximum fine of $10,000.
Sexual Battery with a Deadly Weapon or Physical Force
It is a life felony for anyone to threaten or use a deadly weapon or to use physical force that is likely to cause serious personal injury. If convicted, the defendant faces life in prison (not to exceed 40 years), lifetime sex offender probation, and a maximum fine of $10,000.
Defenses to Sexual Battery Charges
Sexual battery defendants have the same defenses available to them as all criminal defendants. The two most common defenses to the crime of sexual battery are false allegations and consent.
One of the primary reasons people find themselves accused of sexual battery is false accusations. It is therefore critical to thoroughly investigate the motivation of an accuser to expose any motive for fabricating a sexual battery or rape charge. An angry parent may use a child to make false accusations out of jealousy. Other people may make false allegations to avoid being caught in an affair or because they have a mental health problem.
Consent is a valid defense if given intelligently, knowingly, and voluntarily. If an alleged victim was drugged or intoxicated, that can affect their ability to give valid consent. Additionally, the alleged victim’s failure to physically resist is only a factor to be considered when determining whether or not consent was given. Many people charged with sexual battery maintain that the alleged victims consented to sexual activity.
Whether the alleged victim consented, the allegations are wildly exaggerated, or it is a complete fabrication, it is always a terrible idea to speak with law enforcement without legal representation. Many people are under the false assumption that because they didn’t do anything wrong, they have nothing to worry about. If you are contacted by a detective who wants you to give a statement, you should decline and immediately contact an experienced criminal defense attorney.
Contact an Experienced Miami Sexual Battery Attorney
By immediately hiring an experienced sexual battery attorney in Miami, you are reducing the chances that your case will result in long-term consequences for your career, personal life, and reputation. You need the counsel of one of our experienced sexual battery lawyers to guide you through the process and maximize your chances of resolving your case with a favorable outcome.
CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.
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