Sex Crimes: Sexual Battery Charges in Florida

Defend Your Rights with a Miami Criminal Attorney

Out of all the sex crimes listed in Florida State law, sexual battery – sometimes called rape in other forms of legislation – is often considered one of the most severe. The Miami criminal lawyers at DMT have represented dozens of defendants charged throughout the State of Florida with the crime of sexual battery. Like the lewd and lascivious conduct statutes, the age of all parties involved will greatly influence the potential penalties of sexual battery convictions.

When the stakes are as high as they are in a sexual battery case, you cannot afford not to represent yourself with a professional Miami criminal defense attorney.
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Specific Information About Florida's Sexual Battery Laws The act of sexual battery requires some form of penetration or intrustion to meet an essential element of the offense. There must also not be any form of consent from the victim; a lack of resistance does not imply that there was consent. Consent also becomes an issue when the case involves a mentally incapacitated victim, either through natural mental illness or the introduction of a drug or narcotic. Any form of mental handicap will usually automatically eliminate the possibility of giving consent.

An individual faces a capital felony if he or she is over the age of 18 and commits a sexual battery against a person less than 12 years of age and in the course of the crime, injures the sexual organs of the victim. A person under the age of 18 that commits the same offense with the same injuries faces life in prison. Anyone who commits a sexual battery against a victim over the age of 12, and during the offense uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury also faces life in prison. A defendant that only threatens to use force or violence, or commits a sexual battery against a mentally incapacitated or mentally defective person is facing a 1st degree felony punishable up to 30 years in prison. If no force or threat of force is used a second degree felony will be charged.

In addition to prison sentences that could last for the better part of your life, a sexual battery conviction will undoubtedly place a humiliating label on you in your community. It can become incredibly difficult for you to function in your daily life without feeling the harsh ridicule of people around you. Even if you are not convicted for the act, the suspicion alone may be enough to unfairly mar your way of life. Powerful Representation Fighting Back in Your Name Always remember, many of the cases are word against word. If you speak to the police without an attorney by your side, you might accidentally give incriminating statements to them. Use your Fifth Amendment rights and do not allow interrogation without the presence of your attorney. If you have been charged with sexual battery, contact the Miami criminal lawyers at DMT. We are always ready and willing to come to the aid of the criminally accused – we're on call 24/7! You can get in touch with us at (305) 340-2197 or by filling out an online contact page today.