Miami Sexual Battery Defense Attorney

In Florida, sex crimes are taken very seriously, particularly sexual battery, which is commonly referred to as rape. Sexual battery is a first-degree felony, punishable by imprisonment, fines, probation, court-ordered rehabilitation, and mandatory registration as a sex offender upon release from prison. If you have been accused of sexual battery, it is crucial to have aggressive legal representation knowledgeable in sex crimes.

At Valiente, Carollo and McElligott PLLC, we are keenly aware that defending sexual battery charges poses a number of challenges. While criminal defendants are entitled to the presumption of innocence, being accused of rape will likely cast doubt on your innocence in the eye of the public. A conviction will not only lead to the loss of your freedom but permanent damage to your reputation as well. Nonetheless, prosecutors must be able to prove your guilt beyond a reasonable doubt. When you become our client, we will take the time to explain all of your rights and choose the best line of defense.

Call Us At 786-361-6887 For A FREE Consultation! 
 

What is sexual battery?

Under Florida law, sexual battery is defined as (1) non-consensual oral, anal, or vaginal physical penetration or union with the sexual organ of a person or (2) non-consensual oral, anal, or vaginal penetration of another person with any object.

The charge can be elevated to aggravated sexual battery if the following aggravating circumstances exist:

• The victim is physically helpless and cannot resist
• The victim is threatened into submission by threats of force or violence
• The victim is coerced into submission by threats to retaliate against the victim or any other person
• The victim is taken advantage of due to a known mental defect
• The victim is physically incapacitated
• The victim is unknowingly drugged
• The defendant is a law enforcement officer, correctional officer, or correctional probation officer, or any other person in a position of control or authority

Other Sexual Battery Charges

In addition to sexual battery and aggravated sexual battery, other charges under Florida law include:

• Capital Sexual Battery — having oral, anal, or vaginal contact with a child under the age of 12, regardless of consent
• Sexual Battery with a Deadly Weapon — non-consensual oral, anal, or vaginal contact with another person through the use, or threatened use, of a deadly weapon
• Sexual Battery Likely to Cause Serious Personal Injury — non-consensual oral, anal, or vaginal contact with another person as a result of the use of physical force likely to cause serious personal injury

Penalties for Sexual Battery in Florida

Generally, sexual battery is considered a first-degree felony that is also assigned a severity of Level 8 under Florida’s Criminal Punishment Code. The penalties for sexual battery are determined by factors such as the age of the defendant, the age of the victim, and the presence of any aggravating circumstances.

If the victim is 18 or older, for example, the maximum sentence is 30 years imprisonment, 30 years of probation and $10,000 in fines. If the victim is between the 12 and 18 years old, sexual battery is considered a life felony, punishable by a maximum of life in prison and $10,000 in fines. Sexual battery of a victim under the age of 12 is a capital offense, punishable by life imprisonment without the possibility of parole.

How Valiente, Carollo and McElligott PLLC Will Defend You Against Sexual Battery

Given that sexual battery is a serious offense that can result in harsh penalties, you need the aggressive legal representation we are prepared to provide. Often, there are no witnesses to sexual battery and a conviction depends on factors such as the testimony of the victim, and the collection of forensic evidence by law enforcement.

Our attorneys will conduct an extensive investigation by reviewing the police report, and interviewing the victim if necessary. Of course, the strongest defense is to have an alibi — you were not at the scene when the crime occurred. In a case involving a victim over the age of 18, it may also be possible to demonstrate that the victim had given consent.

Depending on the circumstances, it may also be possible to prove that the victim misidentified you and that the crime was committed by someone else. In this situation, we will look to question the accuracy of DNA tests or any other evidence that was collected by law enforcement.

Above all, we believe that anyone accused of sexual battery is innocent until proven guilty. Our legal team is committed to winning an acquittal, preserving your freedom and restoring your good name. At the same time, we will always be honest about the strength of the evidence against you and when necessary seek to have the charges and penalties reduced. Ultimately being accused of sexual battery is an overwhelming experience and a conviction will be life-altering.

With the attorneys at Valiente, Carollo and McElligott PLLC in your corner, you can rest assured that we will never stop fighting for you. The sooner you contact our office, the sooner we can begin building your defense.