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Call Pallegar Law, P. at 813-444-3912 (Tampa) or 941-893-5816 (Sarasota) to be connected to our team of experienced sex crime attorneys who can help you or someone you know that has been charged with sexual battery. At Law Office of Michael Mirer, P. A., the attorney will carefully review the evidence and every detail of your case to help you determine how the defense of your case will proceed. Lewd sexual battery includes children under the age of 18 by an adult, while general sexual battery can happen to anyone who is an adult. Today, we are going to talk about a very important aspect of Florida's Criminal Law. The police then arrest her Godfather, and he is charged with Capital Sexual Battery. Our Florida Sexual Battery Defense Lawyers at Whittel & Melton specialize in sex crimes defense, so there is no other team of defense attorneys that will work as hard for you than we will.

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Due to the nature of sexual crimes, additional charges like sexual assault and rape may be added to sexual battery. We personally handle your defense strategy. This means that if a person says they were unknowingly drugged or too intoxicated to consent, a jury could find that they did not consent to the sexual activity voluntarily. Sexual Battery Likely to Cause Serious Personal Injury is committed when a person uses physical force likely to cause serious personal injury during the commission of the sexual battery. See State v. Conte, 516 So. 648 (1984) (last-minute substitution of trial counsel does not automatically render assistance ineffective). The crime of Sexual Battery on a Child Under 12 by a person 18 or older is a Capital Felony and known as Capital Sexual Battery. Ultimately being accused of sexual battery is an overwhelming experience and a conviction will be life-altering. Thus, this issue cannot be reviewed on direct appeal. Sexual battery of a victim under the age of 12 is a capital offense, punishable by life imprisonment without the possibility of parole. As a result, it is vitally important that an accuser's motives are thoroughly investigated so that any motive for making a false accusation of sexual battery or rape can be exposed to a jury. Sexual assault can include many different sexual acts. Some instances of sexual battery are obvious.

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0115 requires a 50 year minimum mandatory sentence. At Valiente, Carollo and McElligott PLLC, we are keenly aware that defending sexual battery charges poses a number of challenges. If the victim was a child under the age of 12 and the perpetrator was over the age of 18, this can lead to a capital sexual battery conviction and may be punishable by death. You are urged to contact the firm without delay if you are seeking a high quality defense attorney with exceptional trial skills. This crime is ranked as level 9 on the Florida Criminal Punishment Code. There is little question that Florida has a history of imposing lengthy prison sentences for many offenses. On top of being tried, convicted, and being placed on a registry, people can look the defendant up on the internet. You are a law enforcement officer, correctional officer, or probation officer who coerces the victim to participate or submit based on your perceived authority or control. Misdemeanor Charges. We have creative strategies that can increase your chances of a successful outcome. It involves aggravating circumstances such as where the victim is helpless to resist, where the victim has been drugged, or the victim is mentally incapacitated. CHARGES DROPPED Violent Crime. Stay off social media. If you are facing a capital sexual battery charge you must contact a sex crimes defense attorney right away.

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If you feel you have been wrongly accused of a sexual offense, you need an Orlando lawyer to aggressively defend your case. In order to convict a person accused of capital sexual battery against a child less than 12 years of age the prosecution needs to prove beyond reasonable doubt that the accused was more than 18 years old at the time of the act and that the victim was less than 12 years old. Thus, there is a possibility this inflexible mandatory penalty of life imprisonment may result in fewer convictions for this type of sexual predation than a more flexible penalty. The victim is coerced into submission by threats to retaliate against the victim, or any other person, and the victim reasonably believes that the offender has the ability to execute the threat in the future. At the beginning of the interview, the officer read Mr. Gibson his Miranda rights. It should be noted that a victim's consent is not a defense to any of the crimes proscribed in this subsection.

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These concerns, however, are matters for consideration by the legislature and do not affect this court's constitutional analysis. Miami Capital Battery Defense Lawyer. When the victim is mentally defective and the offender has reason to believe this or has actual knowledge of this fact; - When the victim is physically incapacitated. Facts & Figures About Sexual Battery. Possible Defenses against Charges of Capital Sexual Battery. Sexual assault is defined as the aggressive act of forcing a victim to submit to a sexual act against their will. As a result, he was found not guilty at trial. Even if the person does not seem to resist the touching or does not verbalize the fact they do not want to be touched, express consent has not been given and the touching may still legally qualify as sexual battery. B. Cruel or Unusual Analysis. In the first instance, if you are at least 18 years old when you commit sexual battery on someone who is 12-17 years old without that person's consent, then you commit a first-degree felony which is punishable by a term of imprisonment not exceeding life and a maximum $10, 000 fine if one of these aggravating circumstances applies: - The victim is helpless to resist.

A seasoned Florida sexual battery attorney can thoroughly investigate all angles of your case and fight to have your charges reduced or even dismissed. These are very difficult cases. A great example of an aggravated sexual battery involves charges alleging that the defendant used a "date rape drug" to incapacitate the alleged victim. Contact Orlando Criminal Defense Attorney. So how do you know which defense is best for you? Child sexual predation is a serious concern.

If the defendant is 18 or older and the defendant commits this crime on someone younger than 12, the defendant committed a capital felony which means the defendant can receive the death penalty. If the victim is between the 12 and 18 years old, sexual battery is considered a life felony, punishable by a maximum of life in prison and $10, 000 in fines. In Florida, sexual battery is defined as "oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. What Does a Sexual Way Mean? This only applies to those who engaged in consensual sex, the victim being at least 14 years old and the offender no more than 4 years older. Victims and Perpetrators of Sexual Battery. We want to talk to you about your version of the events. The eloquent juror in this case demonstrates that jurors who understand the law may choose to exercise their options of jury pardon in some cases. I knew that he would give testimony that actually might help us a little bit but the state still had to put him on as a witness for a variety of reasons.