Miami, Florida Sexual Assault Lawyer

Attorney Defending Against Charges of Sexual Assault and Battery in Miami

In Florida, the offense usually referred to as rape or sexual assault is known as sexual battery. This is one of the most serious criminal accusations a person can face. A conviction can lead to multiple types of severe penalties, including a long prison sentence, being branded as a sex offender, and suffering permanent damage to your reputation that could affect your future. An accusation of sexual battery can result in an arrest, and the damage to your reputation could lead to the loss of your job while impacting your relationships and social standing.

Law enforcement officers and prosecutors take a firm stance against sex crimes, and they may perform arrests and pursue convictions aggressively, even if there is no reliable evidence or if accusations are questionable. Issues such as misunderstandings, false allegations, or the misidentification of a suspect can lead to wrongful arrests. Because of the serious nature of sexual battery charges, immediate legal representation is essential in these situations.

At Stroleny Law: Criminal Defense Attorney, we can provide a skilled and experienced legal defense for clients who have been accused of sexual assault in Miami and the surrounding areas. Our lawyer understands the complex nature of these cases, and he works to protect the rights of defendants, challenge the prosecution's evidence, and resolve cases while avoiding or reducing the consequences of a sex crime conviction.

How Sexual Battery Is Defined Under Florida Law

Under Florida Statutes Section 794.011, sexual battery is defined as intercourse or other forms of penetration committed without a person's consent. It may include oral sex, anal sex, or penetration with a foreign object.

The issue of consent is central in sexual battery cases. Sexual activity may be considered to be non-consensual when a person is accused of engaging in intercourse or penetration:

• By force or threat of force or by threatening to retaliate against a person or someone else
• When the victim is physically helpless or mentally incapacitated
• When the victim is unconscious or asleep
• When the victim is under the influence of drugs or alcohol and is unable to give clear consent
• When the accused is in a position of authority over the victim (such as a teacher, law enforcement officer, or caretaker)
• When the victim is under the age of legal consent, which is 18 in Florida

Examples of Situations That May Lead to Sexual Battery Charges

A person may be accused of sexual assault or rape in a variety of circumstances, including:

• Allegations following a social or dating encounter where the parties disagree on whether consent was given
• Claims that a person engaged in sexual intercourse with someone who was under the influence of alcohol or drugs and was unaware of what was happening or unable to give consent
• Allegations that a teacher, coach, or other authority figure engaged in sexual activity with a student
• Situations where a person is accused of using physical force, threatening to cause harm to a person, or coercing a person to engage in sexual activity

Penalties for Sexual Battery

The penalties a person may face if they have been accused of sexual assault may depend on the circumstances of the case, including the age of the alleged victim, whether force or threats were allegedly used, and whether the accused has prior convictions.

In cases where an adult over the age of 18 has been accused of sexual battery against another adult without the use of violence, the alleged offender may be charged with a second-degree felony. A conviction could result in a prison sentence that may last for up to 15 years. In cases where a person is charged with sexual battery involving the use of violence or threats or a victim who was intoxicated or physically incapacitated, an offense may be charged as a first-degree felony, with a potential prison sentence of up to 30 years.

Charges will become more serious in cases where an adult is accused of sexual battery against a minor. In general, sexual battery against a minor between the ages of 12 and 18 is classified as a first-degree felony. If a person is accused of committing sexual battery against anyone over the age of 12 and using a firearm or other weapon or using force in a way that was likely to cause a serious injury, they may be charged with a life felony, which could result in a sentence of life in prison. Sexual battery against a child under the age of 12 may be classified as a capital felony, and prosecutors may seek the death penalty.

In addition to incarceration, a conviction may also result in fines of $10,000 for a first-degree or second-degree felony or $15,000 for a life felony. A person will also be required to register as a sexual predator. This requirement will remain in place for life, although some people may be able to apply to be taken off the sex offender registry after 25 years have passed since the completion of their sentence. Sexual battery convictions generally cannot be expunged or sealed.

Defending Against Sexual Assault Charges

Defending against accusations of sexual battery will require a strong legal strategy. Our lawyer will take the time to understand the details of a case, investigate all relevant evidence, and identify the most effective path for defense against a conviction.

Our attorney will conduct a thorough investigation of the facts, including statements, timelines, and any available physical evidence. He may take steps to examine inconsistencies in the alleged victim's account or whether they have any motive for making false accusations. He can also review forensic evidence and identify witnesses who may demonstrate that the accused could not have committed the offense or who may be able to challenge the claims of the alleged victim.

By presenting evidence that demonstrates that there was consent or shows that no criminal conduct occurred, our lawyer will work to prevent a conviction. He can explore opportunities for the dismissal of a case, reduced charges, or alternative sentencing options when appropriate. His goal is always to prevent a conviction whenever possible, while reducing the potential penalties and lasting effects of a sex crime accusation.

Contact Our Miami, FL Sexual Assault Defense Attorney

When facing accusations of sexual battery, you need a defense attorney who understands the stakes of your case and who is prepared to fight for your rights. The criminal justice system can be unforgiving in sex crime cases, but you do not have to face these charges alone. To get legal help from Stroleny Law: Criminal Defense Attorney, contact our Miami sexual battery lawyer at 305-615-1285 and schedule a free consultation.