Orlando Sexual Battery Lawyer

Orlando Sexual Battery Attorney

Sexual battery charges are serious and can ultimately result in life-altering consequences like incarceration, financial penalties, and a stigma attached to your name. An accusation of sexual battery can feel impossible to fight, but fortunately, you do not need to do it alone. Working with an aggressive Orlando sexual battery lawyer can help ensure your rights are protected and that you build a strong criminal defense.

Even an accusation of sexual battery should not be taken lightly, as it can quickly spiral into official criminal charges. Reaching out for help should be your first move once an accusation or an arrest has been made. There are severe consequences to an accusation and even more severe consequences to a guilty verdict. It is imperative that you connect with an experienced attorney to mitigate or even avoid these consequences.

With over 45 years of experience in Seminole County in the criminal justice system, the team at Robert B. Fisher, P.A., has been involved in countless criminal cases. Bringing this experience to Orlando allows us to offer information about the charges you are facing, the potential outcomes, and guidance on the next steps. Our team will work diligently to fight for the most favorable outcome possible for your case through discovery, investigation, and preparation.

Defining Florida Sexual Battery Laws

Though often used as a general term covering circumstances such as rape or sexual Assault, sexual battery is a specific legal term that applies to specific circumstances. The statute that defines sexual battery is Florida State Statute § 794.011. Encompassed under this Law is a range of non-consensual sexual acts, specifically marked by a lack of consent and involving physical force or incapacitation of the victim.

In general terms, if a person uses their sex organ or an object to make unwanted, penetrative sexual contact with another person, they have committed sexual battery.

There are circumstances that can elevate the crime, making the charges aggravated sexual battery. Some of these aggravating circumstances can include:

• The victim or their loved ones were threatened with physical harm
• The victim was mentally or physically incapacitated
• Force or violence was used that caused or could have caused great bodily harm or a physical injury that resulted in permanent disfigurement or disability
• The victim was under 12 years old or between the ages of 12 and 18
• The perpetrator was in or perceived to be in a position of authority

In 2023, Florida reported 29.9 reported rapes per 100,000 inhabitants. Though this number is lower than the United States average of 38, sexual battery is still punished severely in the state.

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Potential Penalties for a Sexual Battery Conviction

Sexual battery is charged as a felony and carries severe penalties. The exact penalties, however, depend entirely on the circumstances of the crime and the defendant’s prior criminal history. At its base level, sexual battery is charged as a second-degree felony and carries a maximum 15-year imprisonment period and a maximum fine of $10,000.

If there are any aggravating factors present, then the charge increases to a first-degree felony that carries a 30-year maximum sentence and a $10,000 maximum fine. If the victim is between the ages of 12 and 18 years old, the sentence becomes a life felony and carries a lifetime sentence and a $15,000 fine. At its most severe, when the victim is younger than 12, sexual battery can be charged as a capital felony, carrying a lifetime sentence and no chance of early release.

Sexual Battery Versus Sexual Assault

In Orlando, it is important to note that these terms are not the same and cannot be used interchangeably. Sexual Assault is a broad, umbrella legal term and occurs when an attacker engages in unwanted sexual contact with a victim. It can include a wide range of behaviors, including fondling, groping, kissing, forcing the victim to perform sexual acts or rape.

On the other hand, sexual battery is a specific type of sexual Assault. To be accurately charged with sexual battery, the circumstances must fall within the narrow legal definition.

FAQs

Are Sexual Battery Charges Serious in Florida?

Sexual battery charges are serious in Florida. Sexual battery is a type of sexual assault that is always charged as a felony and carries years in prison and thousands of dollars in court fines. A conviction will have impacts that linger long after being released from incarceration, as you may lose rights such as the right to carry firearms and the right to vote, and this will disqualify you from receiving some benefits.

What Is the Statute of Limitations for Sexual Battery in Florida?

The statute of limitations for sexual battery in Florida depends on the circumstances of the alleged crime. Donna’s Law applies to crimes committed after July 1, 2020, where the victim was under the age of 18 and removes the statute of limitations to begin prosecution of any sexual battery offense. There is also no statute of limitations if the victim is over the age of 18 and reports the crime within 72 hours.

What if I Have Been Falsely Accused of Sexual Battery?

If you have been falsely accused of sexual battery, it is important to build a strong criminal defense. The National Sexual Violence Resource Center (NSVRC) estimates that false reports occur in 2-8% of cases, but even one false accusation that results in a conviction is too many. An experienced defense attorney can help reveal the inconsistencies and falsehoods in the accusation, ensuring you are not punished for something you did not do.

What Type of Lawyer Defends a Person Accused of Sexual Battery?

If a person is accused of and charged with sexual battery, then a criminal defense attorney will defend them through the criminal justice system. A defense attorney’s job is to protect their client’s rights and ensure they receive a fair trial. To accomplish this, they will engage in practices like investigating the case, gathering evidence, and negotiating plea deals. If the case progresses to trial, they will represent their client in court.

Orlando Sexual Battery Lawyer

In 2018, Orlando reported roughly 69 cases of rape per 100,000 individuals, an 8% increase from 2017. This higher rate can lead to overzealous law enforcement and prosecutors overcharging individuals or settling on a defendant with too little supporting information. Effectively defending yourself is crucial for a positive outcome.

The team at Robert B. Fisher, P.A., can help you build a strong defense that ensures your rights are protected. With our immense knowledge and aggressive defense strategies, your criminal defense will be tailored to reach the most favorable outcome. Contact our law firm today to speak with a skilled team member about how we can be an asset to you moving forward.