Best Jacksonville Sexual Battery Defense Attorney

What Is and Isn't a Defense against Sexual Battery Charges? 04 defines lewd sexual battery as acts such as touching a victim in a vulgar way when they are under 16 years old or soliciting a person to commit a sensual act. Code 97-3-101(3) (1997). After the 1974 statutory amendment and the Buford decision, the maximum penalty for capital sexual battery was life imprisonment with the possibility of parole after 25 years. However, for some people this term can get easily confused with other sex crimes. The two differ primarily in that sexual battery is a more specific charge. Even without a legal background, you know that rape is a serious offense that carries harsh penalties for a conviction. However, this does not include an act done for a genuine medical purpose. Penalties for Sexual Battery in Florida. Extradition to Florida. Those aggravated circumstances include (794. The parties have provided us with little information to use in this analysis. Also, people who are permanently or even temporarily incapacitated cannot consent to any form of sexual contact.

1. What is capital sexual battery
2. What is capital sexual battery in florida
3. What is capital sexual battery life
4. What is capital sexual battery pack
5. Capital sexual battery in florida definition

What Is Capital Sexual Battery

Capital sexual battery is an extremely serious charge that can be proved solely by the testimony of the victim. A person convicted of a sexual battery or lewd and lascivious crime must register as a sexual offender if found guilty even if it was a juvenile adjudication. If you are accused or charged with sexual battery, whether it is by your accuser, law enforcement, or even a Florida Department of Children and Families (DCF) investigator, then you should immediately speak with an experienced criminal defense attorney. If you have been arrested or accused of sexual battery charges, contact our sex crime attorneys to schedule a free, no-obligation consultation. Children can never consent to sexual contact of any sort, even if that contact is initiated by another child. Depending on the circumstances of your case, your attorney may find a way to reduce your charges or have them dropped. Ultimately being accused of sexual battery is an overwhelming experience and a conviction will be life-altering. And that is a very common defense, whether it is burglary or whether it is capital sexual battery, which this case was.

What Is Capital Sexual Battery In Florida

It's also important to note that incapacitated people and minors cannot provide consent. The sentencing is lower for offenders under 18 years old. "A conviction for this kind of charge can and likely would ruin your life. Ken Swartz has the experience and expertise in criminal law to handle your problem. In Buford v. State, 403 So. The victim is threatened into submission by threats of force or violence. 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. There is reason to be concerned that family members who know about the severity of this penalty will hesitate or even refuse to report intrafamily sexual battery, or choose not to cooperate with its prosecution.

What Is Capital Sexual Battery Life

Capital sexual battery is often proven solely on the testimony of the victim. Sexual battery is a first-degree felony when the offender is over 18 and the victim is over 12, does not consent, and no serious physical force is used. Per the Fifth Amendment, you have the right to remain silent. Charged with Sexual Battery/Rape in Tampa? As top-rated attorneys, we understand the difficulties our clients face and work tirelessly to help them clear their names and secure their futures. "They assured me they could get my case resolved and squashed... in less than a week it was done. " Possible Defenses against Charges of Capital Sexual Battery. AMENDING THE INFORMATION AND CHANGING LAWYERS. In many cases, children can be coerced into falsely testifying by a vindictive parent or guardian. When you become our client, we will take the time to explain all of your rights and choose the best line of defense. On Monday, immediately preceding trial, Mr. Gibson moved for a continuance.

What Is Capital Sexual Battery Pack

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. Threats of personal harm to the victim or his/her loved ones. Miami Sexual Battery Defense Attorney. The trial court imposed the mandatory life sentence at a later hearing, after Mr. Gibson had rejected an unusual post-verdict proposal from the State that he plead guilty to some offense and waive his appellate rights in exchange for a sentence of imprisonment with the possibility of release after 25 years. Our legal team is committed to winning an acquittal, preserving your freedom and restoring your good name. 97-3-95(1)(d) (1997). Consent is not an element of the offense or a defense, meaning that a child under 12 cannot consent to the sexual act by law.

Capital Sexual Battery In Florida Definition

Our record does not provide a basis to reverse on this issue. Even though the precise contours of the proportionality analysis are unclear, the United States Supreme Court has specifically stated that a proportionality analysis should be guided by objective criteria, including: (i) the gravity of the offense and the harshness of the penalty, (ii) the sentences imposed on other criminals in the same jurisdiction, and (iii) the sentences imposed for commission of the same crime in other jurisdictions. Often, there are no witnesses to sexual battery and a conviction depends on factors such as the testimony of the victim, and the collection of forensic evidence by law enforcement. Aggravating Circumstances.

Sexual Battery by a Person Under 18 on Child Under 12. On top of being tried, convicted, and being placed on a registry, people can look the defendant up on the internet. Notably, a conviction can result in the loss of your freedom, reputation, and family relationships. 74-121, Laws of Fla. The victim was the first witness to testify at trial. Typically, sexual battery occurs when you compel a victim to engage in sex with you against their will.

If the offender uses serious physical force or a deadly weapon on the child, this crime is also punishable by life in prison. Tampa Rape Defense Lawyers. She testified that he admitted that he had "messed" with the child.