One type of sexual misconduct that can bring criminal charges against you is sexual battery in Florida. Without good legal counsel from a Miami criminal defense attorney you may find yourself facing the maximum criminal penalties for your arrest for sexual battery in Florida.
Defining Sexual Battery in Florida as Sexual Misconduct
The Florida statutes define sexual battery in Florida 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”. The definition of sexual battery in Florida does not consider any act done for a bona fide medical purpose as sexual misconduct.
Aside from defining the act of sexual battery in Florida, the Florida statutes also provide for classifications of severity for the sexual misconduct in question. The ages of the victim and the accused play a serious role in determining the consequences of a sexual battery charge. Your Miami criminal defense attorney can review your case and determine an appropriate defense to the sexual misconduct charges you face.
Consequences of Charges of Sexual Battery in Florida
The main factor in sexual misconduct charges are the ages of the victim and the accused. If you as the accused party were 18 years of age or older and the victim was less than 12 years of age it is considered a capital felony. This is the most severe of charges of sexual battery in Florida and can result in the death penalty.
If you were less than 18 years of age at the time of the sexual misconduct and the victim was less than 12 years of age you will face a life felony, punishable by up to life in prison but no less than 40 years.
Sexual battery in Florida against a victim older than 12 years carries two separate sets of consequences. If a weapon or physical force able to cause harm was used during the sexual misconduct the charges are a life felony. However, if there is no weapon involved and no physical battery, the charges can range from a 1st or 2nd degree felony, depending on the specific nature of the sexual misconduct.
Life after a Conviction for Sexual Battery in Florida
Once you have been convicted of sexual misconduct such as sexual battery in Florida you will be required to register as a sex offender in the state sex offender database. It is extremely difficult to be removed from this listing once you have been found guilty of sexual misconduct and it will follow you even if you move out of state.
You should discuss your situation with your Miami criminal defense attorney to make sure you understand your requirements if you are convicted. There are certain reporting requirements you must follow up with when you make any changes to your status such as employment or residence. Violations of the sex offender registry process can lead to additional penalties of fines and jail time.
Once you have been registered as a sex offender for sexual misconduct you will be regulated in several ways. Sex offender status means you cannot live within a certain distance of facilities such as schools. It can also impair your employment options, either through the restriction of working with children or due to the fact that you must list a conviction on most employment applications.
There are other repercussions for having to register as a sex offender after being convicted for sexual battery in Florida. You may lose certain government benefits due to a criminal conviction and you could lose other privileges, too. In many cases sex offenders are required to notify their neighbors of their presence when they move into a new residence, potentially creating a tense social life.
Fighting Charges of Sexual Battery in Florida
For the best chance at challenging the sexual misconduct charges against you a Miami criminal defense attorney will be your best asset. An experienced attorney will know how to investigate the circumstances of the incident and determine a viable defense for your case.
There are many ways to challenge the validity and severity of an accusation of sexual battery in Florida and an experienced Miami criminal defense attorney will know the best options for your circumstances. Without good legal assistance in these matters you could be facing serious legal consequences.
Contacting a Miami Criminal Defense Attorney
You have the right to a Miami criminal defense attorney during the proceedings following your arrest in Florida. If you are facing criminal charges in South Florida, your legal team is your best defense. Contact the Miami criminal defense attorney team at Falk & Ross to discuss your case – 1-877-663-5110.