Sexual battery charges in Florida are serious, and a conviction comes with equally serious consequences. Rather than face them alone, get help from a dedicated, knowledgeable legal counsel who can protect your rights and seek the best outcome possible.
The attorneys with The Sombathy Law Firm have over 60 years of combined legal experience to put at your disposal. Our lead attorney, Bob Sombathy, has served as lead counsel on over 150 felony jury trials, and he has been board-certified in Criminal Trial Law since 1999, giving him the Florida Bar’s highest recognition for competency and experience. Don’t wait another moment to put his skills, experience, and tenacity to work on your defense. Contact The Sombathy Law Firm for an initial case evaluation with our Panama City criminal defense attorney to discuss your legal options.
Understanding Sexual Battery
Under Florida law, a person commits the crime of sexual battery if, without consent, they engage in oral, anal, or female genital penetration by or through the union with their sexual organ or engage in the anal or female genital penetration of another person by any object. However, sexual battery does not include any oral, anal, or female genital penetration done for a lawful medical purpose.
Types of Sexual Battery Charges
Florida grades the crime of sexual battery as a capital felony, life felony, or first- or second-degree felony, depending on the circumstances of the offense. For example, a person commits a life felony when they commit sexual battery upon a person 12 or older without that person’s consent through the use or threat of use of a deadly weapon or the use of force likely to cause severe injury.
Sexual battery becomes a first-degree felony when an individual commits sexual battery upon a person without their consent and:
- The victim lacks the physical capacity to resist sexual battery.
- The offender coerces the victim to submit through threat or violence likely to cause severe injury, and the victim reasonably believes the offender can carry out their threat.
- The offender, without the victim’s knowledge or consent, administers or knows that someone has administered a drug or intoxicating substance that physically or mentally incapacitates the victim.
- The victim suffers from a mental defect, and the offender knows or has reason to believe this fact.
- The offender is a law enforcement, corrections, or probation officer with a position of control or authority over the victim.
Finally, a second-degree battery occurs when an adult commits sexual battery upon a person 18 or older without that person’s consent and, in the process, does not use physical force likely to cause severe injury. Second-degree battery also occurs when a person under 18 commits sexual battery on someone 12 or older without that person’s consent and, in the process, does not use physical force likely to cause severe injury.
Penalties of a Sexual Battery Conviction
A conviction for a life felony sexual battery offense carries a penalty of life imprisonment. For a first-degree felony sexual battery conviction, a defendant may face a maximum prison term of 30 years; a second-degree conviction imposes a maximum prison term of 15 years.
The consequences of a sexual battery conviction can last long after the completion of a prison sentence. Convicted defendants must register as sex offenders upon release from incarceration, which requires them to keep law enforcement officials updated on their residence, employment, and personal contact information. A criminal record containing a sexual battery conviction can also have devastating consequences for an individual’s personal and professional prospects, as a criminal record can make it challenging to pursue employment, housing, or educational opportunities.
Defenses to Sexual Battery Charges
A person facing charges of sexual battery in Florida may pursue various defenses to challenge the state’s case and seek an acquittal, dismissal, or other favorable resolution to their case. Common strategies for fighting sexual battery charges include:
- Consent: Many sexual battery cases turn on the issue of whether the alleged victim consented to the sexual act giving rise to the charges. A victim must have reached the age of consent under Florida law and not suffer from a mental defect or physical incapacity that renders them incapable of giving consent.
- Challenging the reliability of forensic testing: When a case involves DNA or other forensic evidence to identify the perpetrator, a defendant may challenge the reliability of that evidence.
- Lack of knowledge/intent: In cases where a sexual battery offense must involve an element of knowledge or intent on the defendant’s part, the defendant may argue that the state has insufficient evidence to prove their knowledge or mental culpability.
- Fabrication: Some defense strategies focus on arguing that the alleged victim has fabricated their accusations, especially where the case lacks medical or forensic evidence that a sexual act occurred.
- Moving to exclude the state’s evidence: Defendants may file motions to exclude the prosecution’s evidence when investigators obtained it through an unlawful search or interrogation.
How a Panama City Criminal Defense Attorney Can Help
A criminal defense lawyer from The Sombathy Law Firm can help you protect your rights and reputation and fight for a positive outcome to your sexual battery case by:
- Independently investigating your charges to obtain favorable evidence that the prosecution’s investigation won’t look for
- Reviewing the facts and circumstances of your charges to identify potential defense strategies
- Explaining your legal options and the criminal justice process to you so that you can make informed decisions
- Vigorously contesting the prosecution’s case at each stage
- Fighting hard for the best possible outcome, even if that means taking your case to trial
Contact The Sombathy Law Firm Today
If you’ve been arrested on suspicion of sexual battery in Panama City or Panama City Beach, you need experienced legal representation to defend your reputation, freedom, and future. Contact The Sombathy Law Firm today for a confidential consultation with a dedicated criminal defense attorney to learn how our firm can help protect your rights and interests during this difficult time.
