Sexual battery, also known as rape in Florida, is an extremely serious crime for which a conviction can have wide-ranging ramifications. From a lengthy period of incarceration to fines to the requirement to register as a sex offender, these are not charges that should ever be taken lightly.
Our Kendall sexual battery lawyers understand just how much hinges on your case and the steps that need to be taken to protect your rights and your future. An expert sex crimes attorney at Rossen Law Firm can work to present the most robust possible defense your situation allows.
Sexual battery or rape occurs when one person engages in sexual penetration with another person without consent. The use of body parts and items or objects to achieve penetration in a non-consensual manner are all circumstances that can constitute sexual battery. The definition of sexual penetration under Florida law includes oral, anal, or vaginal penetration.
A Kendall attorney can advise what defense strategies may be open to you if you have been accused of or charged with sexual battery. It is essential to understand that the exact nature of the lines of defense that may be open to you will depend on numerous factors, including the details of the alleged offense, the age of the alleged victim, and the presence of any factors that could potentially upgrade or worsen the charge.
One typical example of a defense that may be deployed in some sexual battery cases is consent. If the sexual interaction between the two parties occurred consensually, the elements required to achieve a conviction for sexual battery would not be met. In some cases, it may be possible to show that the accusation of sexual battery was made based on a case of mistaken identity.
In other situations, it may be possible to fight a sexual battery charge based on a mistake made by the prosecution of law enforcement during the investigation of the alleged crime. Our attorneys have extensive experience handling cases like these, so we ensure no stone is left unturned to identify any available defense theories.
Sexual battery can be a second-degree felony when no aggravating factors are present. Still, the consequences of a second-degree felony are severe, including up to 15 years in jail plus a financial penalty of up to $10,000.
However, if aggravating factors were present in the underlying situation alleged, this can significantly worsen the potential penalties you might face if convicted. For example, if the alleged sexual battery was committed with the use of threat of force that could inflict serious bodily harm, that charge can be upgraded to a first-degree felony. A first-degree felony can carry a prison term of up to 30 years.
If the alleged victim was younger than 12 years of age and the alleged offender was a legal adult, the crime can be tried as a capital felony. A capital felony offense can carry a prison term of lifetime incarceration without the possibility of parole. An expert Kendall rape lawyer can fight to ensure you face the minimum possible sentence in your case.
There may be multiple possible defenses to a sexual battery charge, depending on the underlying allegations and circumstances involved. It is essential to hire an experienced Kendall sexual battery lawyer as soon as possible if you are being investigated for such an alleged offense or have already been charged.
At Rossen Law Firm, we have years of experience working with the state attorney’s office and defending charges like yours. Contact our office today to schedule your strategy session with one of our award-winning attorneys.
Rossen Law Firm’s legal team understands what’s at stake when you’re charged with a crime in South Florida. We’re committed to defending you and protecting your rights. Our legal team is ready to create a customized strategy for your case to fight for the best possible outcome. We handle Criminal, DUI, Federal, Domestic Violence, Marchman Act & Baker Act cases, and more.
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