West Palm Beach Sexual Battery Lawyers
Sexual battery constitutes any nonconsensual vaginal, oral or anal penetration with a person’s sexual organ or an object. The terms “rape” and “sexual battery” often are used interchangeably. There are numerous types of sexual battery that carry a wide range of penalties. These crimes include child molestation, date rape and statutory rape. Sexual battery charges often cite physical force, the use of a deadly weapon or physical harm to the victim.
Possible punishments upon conviction
Sexual battery is a felony in the state of Florida, and punishments vary depending on the ages of the accused and accuser, whether the victim has physical or cognitive disabilities, if force or weapons are used and if physical injuries occur.
- If the victim is 12 or older, it is a second-degree felony, which carries a maximum penalty of 15 years in prison. If force or a deadly weapon is used, the punishment could increase to a life felony.
- If sexual battery is committed upon a child who is under 12, it is a capital felony, which is punishable by death.
- If the defendant is under 18 and the victim is under 12, it is a life felony.
- If a parent commits sexual battery upon a child who is under the age of 18, it is considered a life felony.
- Certain circumstances surrounding the crime can lead to a first-degree felony conviction, which carries a maximum prison term of 30 years. These circumstances include drugging the victim, using force or violence, threatening retaliation against the victim or raping a person who is physically or mentally challenged.
- If the defendant has prior sex crime convictions, the penalty is reclassified to one level higher. Reclassification also is applied if more than one person committed the crime.
Your best defense against a sexual battery charge is obtaining the services of Ohle Law P.A. Our experienced team of legal professionals will do everything in our power to help you preserve your rights. Contact our Florida sexual battery attorneys today for the aggressive representation you need to fight the serious charges you face.