As leading criminal defense attorneys in Orlando, Florida, we believe that every accused individual deserves access to a top-quality, robust legal defense, regardless of the nature of their charges. Contact our law firm to speak with a dedicated legal representative today.
Certain criminal charges take a profound toll on your life, altering others’ perception of you, damaging your reputation, and obscuring your chances for a better future. This is particularly true for sex crimes, including sexual battery. In addition to severe legal penalties, these criminal offenses carry a devastating social stigma — a high price to pay, especially if you’re innocent.
Just remember: Being charged with sexual battery does not make you guilty of committing it. Numerous situations can precipitate false or inaccurate charges, and as your trusted legal advocate, we will work tirelessly to prove your innocence, have your charges reduced, or pursue a dismissal.
This article will explain everything you need to know about sexual battery charges in Florida, including legal definitions, the exact nature of this crime, possible legal defenses, penalties for conviction, and why our team of sex crimes attorneys are the ideal legal advocates to defend your future and clear your name.
What You Can Do When Facing Accusations of Sex Crimes in Orlando, Florida
If you are facing accusations of sex crimes in Orlando, Florida, the first thing you need to do is realize what’s at stake. The penalties associated with various sex crimes, including sexual battery, are more than just a slap on the wrist — they have the potential to devastate every aspect of your life, wreaking havoc on your romantic, social, and professional relationships.
Next, you need to reconsider using a public defender. Don’t get us wrong: Public defenders are among the smartest, most hard-working attorneys out there — but they rarely have the time and resources necessary to provide the type of robust legal defense you’re going to need. At the end of the day, you need to partner with an Orlando sex crime lawyer who has the time, resources, and energy to tirelessly pursue the best outcome possible for your case.
Lastly, you need to secure your chosen legal representation as soon as possible. The longer your criminal defense lawyer has to build your case, the better chance you have of avoiding conviction. Unsure where to turn? You don’t have to search too far: Sergio Cruz Criminal Defense is here to provide the legal advice you need to survive this charge and move on with your life. Contact our Orlando office to learn more.
Definition of Sexual Battery Laws in Florida
In the State of Florida, sexual battery (often referred to as rape) is defined under Florida Statutes, Section 794.011. It involves non-consensual oral, anal, or vaginal penetration by another person’s sexual organ or any other object. Sexual battery can occur through force, threats, coercion, or when the victim is incapacitated, unable to resist, or unable to give consent due to mental or physical impairment.
Legal Definitions
When exploring the legal nature of sex crimes, it can be helpful to define commonly used terminology. Understanding the exact meaning of certain terms can elucidate the nature of your charges and plays a critical role in determining the most effective defense strategy for your case. Here are a few important legal definitions to understand:
- Touch. In the context of sexual battery, “touch” refers to any physical contact between the perpetrator and the victim. This contact can involve the sexual organs, other body parts, or the use of objects.
- Intimate part. An intimate part generally refers to the sexual organs, buttocks, or breasts of a person, and touching any of these areas in a sexual manner without consent constitutes sexual battery.
- Against the will of the other person. To touch someone against their will is to touch them without consent. True consent is given freely, voluntarily, and with full knowledge of the nature of the act — and can be revoked at any time. If a victim coerced, threatened, incapacitated, or unable to give consent, the act is against their will.
- Sexual abuse. Sexual abuse encompasses a range of non-consensual sexual activities, including sexual battery. It includes exploitation, coercion, or forced involvement in sexual acts against a person’s will.
- Unlawful restraint. This term refers to the act of restricting someone’s freedom of movement without legal justification and may involve holding, confining, or using physical force to prevent the victim from escaping or resisting.
- Accomplice. An accomplice is a person who assists or participates in perpetrating a crime. In the context of sexual battery, an accomplice may help plan, execute, or cover up the act, and they can be charged and punished similarly to the primary perpetrator.
These terms all play a vital role in the legal framework surrounding sexual battery and other sex crime charges. Understanding them is an important aspect of designing the best possible legal defense strategy.
What Are Common Defenses to Sexual Battery Charges?
Remember: Being charged with a crime — even a serious and devastating crime like sexual battery — does not mean you are guilty of committing it. After a thorough investigation of your case, our legal experts can help you explore common defense strategies, including the following:
- You had consent. This defense asserts that the alleged victim consented to the sexual activity, negating the claim of sexual battery.
- There was no sexual touching. This defense argues that the alleged sexual touching or penetration didn’t happen. Without evidence to support sexual contact, the prosecution will be unable to prove sexual battery beyond a reasonable doubt.
- You were falsely accused. This defense is appropriate if the alleged victim’s claims are untrue and fabricated for various reasons, including personal vendetta, mistaken identity, or ulterior motives.
This is by no means an exhaustive list of possible legal defenses, merely a few of the most commonly used. Our sex crimes defense attorneys will guide you to the best approach based on the unique circumstances and details of your case.
Penalties For Sexual Battery Crimes
In the State of Florida, sexual battery is prosecuted as a felony due to the severity of the crime. Misdemeanor charges for sexual battery are extremely rare and typically involve less severe forms of non-consensual sexual conduct. Below we provide detailed explanations of the penalties for both misdemeanor and felony sexual battery in Florida.
Misdemeanor Penalties for Sexual Battery
Sexual battery charges are almost never classified as misdemeanors in Florida, due to their serious nature. However, certain lesser charges more closely related to sexual misconduct might be, and if so, would be punishable by jail time of up to a one year in county jail, fines up to $1,000, probation requirements, and sex offender registration.
Felony Penalties for Sexual Battery
Almost all sex crimes cases of sexual battery in Florida are charged as felonies, the degree of which depends on various factors, including the age of the victim, the use of force or coercion, and whether a weapon was involved in the alleged incident. Here are the classifications and penalties:
- First-degree felony. Sexual battery involving aggravating circumstances, such as use of a deadly weapon, causing serious bodily injury, or the victim being incapacitated, are typically considered first-degree felonies. This crime is punishable by up to life in prison, fines up to $10,000, sex offender registration, and possible probation.
- Life felony. Sexual battery involving a victim who is 12 years of age or older by an sexual offender who is 18 years or older and sexual battery causing severe injury are both classified as life felonies. That means life imprisonment, fines up to $15,000, and mandatory registration as a sex offender.
- Capital felony. Sexual battery on a child under the age of 12 years old by a person 18 years or older is considered a capital felony in Florida, meaning it is eligible for the death penalty. If the death penalty is not imposed, the perpetrator receives a lifetime prison sentence.
Most convictions of sexual battery require the offender to join the sex offender registry, which requires strict reporting requirements and puts considerable restrictions on where they can live and work. Additionally, the presence of certain aggravating factors, including serious bodily injury, and multiple victims, as well as repeat sex offenses, can enhance both charges and penalties.
Sergio Cruz Criminal Defense: Trusted Legal Advocates in Central Florida
Sexual battery charges in Florida are extremely serious, and failing to secure top-tier legal representation can be a mistake that haunts you for the rest of your life. If you’ve been charged with this serious sex crime or a similar criminal offense, don’t make the mistake of thinking it is a legal issue that will work itself out — it won’t. You need an attorney who can advocate for your best interests at every stage of the legal process. Contact our law office to get started defending your future.
Contact UsContact us now
In need of a strong defense? Don’t face your charges alone. Get the legal support you need call today or email us. Your defense starts here.
