Largo Sexual Battery Lawyer
Sex crimes carry serious penalties in Florida. Anyone facing a sex-related criminal charge should immediately hire a lawyer. At Reep Coleman & Stubbendorff, we can defend your liberty and your reputation. Our firm believes that everyone deserves a serious defense against criminal accusations. Frivolous allegations are made all the time, and many accused defendants are completely innocent. Our Largo sexual battery lawyer can make sure the truth gets out, but first we want to hear your story in a confidential consultation. If hired, we can search for evidence to use in your case and fight to get the case dismissed.
How Florida Defines Sexual Battery
Florida Statute § 794.011 defines sexual battery as oral, anal, or vaginal penetration by a sexual organ or the penetration of the vagina or anus with another object. It does not include medical procedures.
Florida’s definition of sexual battery covers what we commonly call “rape.” It can also cover other penetrative assault, such as penetration with a finger, pencil, or other object.
Penalties will depend on various factors, such as the age of the victim and the offender. Sexual battery is often a capital or first-degree felony:
- If an adult sexually batters a child under 12, then it is a capital felony with a penalty of death or life imprisonment.
- If a minor (someone under 18) sexually batters a child under 12, then they face a life felony charge.
- Anyone who commits a sexual battery on a child who is at least 12 faces a life felony if they used actual force or a deadly weapon in the commission of the crime. Otherwise, the defendant faces a first-degree felony charge.
- Sexual battery against an adult is a first-degree felony when done without their consent and if they were helpless or where the defendant used force or violence.
When an adult commits sexual battery on another adult without force or violence, then sexual battery might be charged as a second-degree felony, with a maximum sentence of up to 15 years.
Defending Against Sexual Battery Charges
These are hard cases to defend. Many people automatically believe rape allegations, especially if the victim is a minor. At Reep Coleman & Stubbendorff, we can raise various defenses based on the facts:
- Consent. This is only a valid defense to a crime when the victim is an adult.
- Lack of evidence. The state needs sufficient evidence to show you committed the crime. We can poke holes in this evidence.
- Unconstitutional identification. The police might have used an unduly suggestive lineup or photo array to obtain an identification. We can cast doubts on its reliability and seek to exclude it from evidence.
- Procedural errors. The police also need a search warrant to look through your property, including your phone. If they just grab the device, we can ask a judge to suppress any evidence found.
Confidential Consultations — Contact Our Largo Sexual Battery Lawyers
Anyone facing sexual battery charges should immediately reach out to our office. We can talk about what happened. Our Largo sexual battery lawyers will do everything ethically possible to defend you.
