At The Umansky Law Firm, our sexual battery defense lawyers understand this is an extremely stressful and emotional time for you. That’s why the sooner you get legal representation and let us begin investigating the charges, the better your chances are of building a strong defense and moving on with your life.
A sexual battery charge is essentially a rape arrest. In Florida, it’s one of the most aggressively prosecuted offenses and carries some of the most rigorous and long-lasting punishments of any criminal act. Florida Statute 794.011 recognizes different crimes relating to the charge of sexual battery. The differences between these crimes are the ages of the individuals involved and other aggravating factors. The burden of proof is on the prosecution to establish beyond a reasonable doubt that the defendant committed the sexual act on a child victim.
Sexual battery is a second-degree felony that’s punishable by the following:
The punishment for sexual battery is determined by the age of the victim, the age of the offender, and other aggravating circumstances. Florida uses the Criminal Punishment Code (CPC) as a scoring system with values between 1–10 for defining the least permissible penalty for felony crimes. Sexual battery on a child under the age of 18 and over the age of 12 constitutes a Level 8 felony. If the child is below the age of 12, that’s Level 9 felony on the CPC.
A charge of sexual battery on a child at the age of 12 or younger is a capital felony, meaning that the defendant can receive the death penalty upon a conviction. Florida law also states that the defendant must face a minimum of 25 years in prison if charged with having committed other acts during the sexual battery, including causing serious personal injury.
In addition to prison time, sex offender probation, and fines, any person committing sexual battery is branded a sex offender for the rest of his life. That person must register with the Federal Sexual Offender Registry and can’t live in residential areas near schools, parks, or any place near where children might congregate.
Sexual battery cases often come down to the word of the accuser against the word of the accused. Juries will often favor the victim, so it’s crucial to have an experienced and aggressive criminal defense lawyer to shed light on the facts and defend your freedom. It’s not uncommon for victims to falsely accuse someone of sexual battery. Reasons for a false accusation can sometimes include:
Consequently, criminal defense attorneys at The Umansky Law Firm carefully analyze the accuser’s motives to determine if this was a false accusation that can be exposed to the judge or jury. Keep in mind that claiming you made a mistake is not a defense. Under Florida Statute 794.021, the error of age is not a valid defense against a sexual battery.
If you’re facing the criminal charge of sexual battery of a child in Orlando, our defense attorneys will aggressively defend your freedom. At The Umansky Law Firm, we believe that everyone deserves a second chance. You have the right to a vigorous legal defense.
Do not delay. Call us to schedule a free consultation today or connect with us anytime online.