There are few criminal charges that garner the same reactions as sex offenses. Even having a sex offense arrest on your record without ever being convicted can be a lifelong scarlet letter hanging over one’s head. Because of popular negative sentiment regarding sexual offenses, our lawmakers have made sure to make as many factual scenarios into serious sex offenses as they could possibly think of. And they were equally sure to impose punishments for those crimes that can be extremely harsh.
Sex-related offenses can fall under several categories. Some sex based crimes like exposure of sexual organs or prostitution are just misdemeanors, punishable by no more than a year in jail or fines and probation. On the more serious end of the spectrum, crimes like possession of child pornography and lewd and lascivious molestation can carry much more serious penalties, including mandatory prison time. At the top of the pyramid for serious sex offenses is sexual battery. Sexual battery is sex offense carrying the most potentially serious sentences and the most life altering penalties. If you or a loved one has been charged with or investigated for any sex based offense, you should contact a dedicated Sarasota criminal lawyer immediately.
Sexual Battery ElementsThe crime of sexual battery is prohibited under Florida Statute 794.011. Under the language of the law, sexual battery is defined as the oral, anal, or vaginal penetration by the sexual organ of another, or the penetration of any of those orifices by any other object. Sexual battery is basically the modern legal term to describe rape in the State of Florida. However, even within the statute, there are modifiers that can define the potential penalties facing a person convicted of sexual battery.
The factors that decide the types of penalties facing a person convicted of sexual battery are the ages of the offender and the victim. In this case, where the offender is under 18, and the victim of the case is over the age of 12 a conviction will be of a first degree felony, punishable by up to 30 years of prison. While 30 years certainly seems extremely harsh, a first degree felony is far better than the punishable by life penalties faced by those convicted of higher levels of sexual battery. If you or a loved one has been charged with this level offense, the best move is to hire a skilled criminal defense lawyer to build a case.
This offense can be charged against a defendant who is under the age of 18 with a victim over the age of 18 or even over the age of 21. Ins some cases, a defense arises where act of consensual sex happens, but the “victim” discovers that the defendant was a minor. In order to avoid criminal charges for statutory rape, such people will sometimes make up a story that they themselves were assaulted by the defendant. Allegations like these are why it can be so important to hire a lawyer. An attorney can conduct an investigation on your behalf, dig up dirt on the defendant, and argue to the prosecutors why the charges against you don’t hold any water.
Speak to Our Attorneys TodayThe lawyers at Hanlon Law have decades of combined experience building defense cases for our clients. We treat every case as if it is the most important case on our docket. We take pride in the excellent results that we achieve for our clients, and we work up every case as if we were preparing for a trial, while other lawyers prepare their clients for plea deals. If you want the best lawyers for the job on your case, don’t hesitate to call us today at 941.462.1789.