Sexual battery, commonly referred to as rape, is a serious criminal offense that is zealously prosecuted in Wellington and throughout the state of Florida. Sexual battery is considered a first-degree felony, and a conviction will result in severe penalties including a lengthy prison sentence, fines, probation, court-ordered rehabilitation, and potentially mandatory registration as a sex offender. With so much at stake, it is crucial to have a tough Wellington criminal defense attorney in your corner.
Herman Law, P.A. provides discrete aggressive legal representation to clients facing sexual battery charges in Wellington. As a former prosecutor in the Sex Crimes/Special Victims Unit, attorney Ron Herman has the skill set and specialized experience required to defend these serious allegations. When you consult us, we will explain all of your rights and work tirelessly to preserve your freedom, as well as your reputation.
What is sexual battery in Wellington?
Under Florida law, sexual battery is defined as:
- Non-consensual oral, anal, or vaginal physical penetration or union with the sexual organ of a person
- Non-consensual oral, anal, or vaginal penetration of another person with any object
Sexual battery charges in Wellington can be enhanced if certain exacerbating circumstances exist. If the victim is physically helpless, incapacitated, unknowingly drugged, or has a known mental defect, for example, the crime may be charged including aggravated factors. Similarly, if the defendant uses threats of force, violence or retaliation to coerce a victim into submission, the charge may be elevated to aggravated sexual battery.
Enhancements also exist and can be charged if the defendant is a law enforcement officer, correctional officer, probation officer, or any other person in a position of control or authority. Other sexual battery charges that can be brought in Wellington include:
- Capital Sexual Battery — Engaging in oral, anal, or vaginal contact with a child under the age of 12
- Sexual Battery with a Deadly Weapon — Any non-consensual oral, anal, or vaginal contact with another person that involves the use, or threatened use, of a deadly weapon
- Sexual Battery Likely to Cause Serious Personal Injury — Non-consensual oral, anal, or vaginal contact with another person that involves the use of physical force that is likely to cause the victim serious personal injury
Penalties for Sexual Battery in Wellington
In addition to being charged as a first-degree felony, sexual battery is assigned a severity of Level 8 under Florida’s Criminal Punishment Code. Factors that are considered in sentencing include:
- The age of the defendant
- The age of the victim
- The existence of any aggravating circumstances
Sexual battery could be punishable by life in prison, under certain circumstances. Further, a conviction for sexual battery also means you will be required to register as a sex offender, which could make it more difficult to find a place to live. Given the harsh penalties and collateral consequences of a sexual battery conviction in Wellington, you need an aggressive criminal defense attorney in your corner.
Sexual Battery is a Serious Offense in Wellington
While being charged with sexual battery will jeopardize your freedom, just being accused of rape will cast doubt on your innocence in the court of public opinion. Nonetheless, the prosecution must be able to prove your guilt beyond a reasonable doubt in a court of law.
When your freedom and your future are hanging in the balance, the team at Herman Law can help you fight back.
Because there are typically no witnesses to sex crimes other than the parties involved, prosecutors rely heavily on the victim’s testimony and forensic evidence. Our attorneys will mount an aggressive defense by conducting a thorough investigation, reviewing the police report and analyzing evidence, and interviewing the alleged victim. We will attack the state’s case by challenging the accuracy of lab results such as DNA tests and any other evidence collected by law enforcement.
While the strongest defense is to have an alibi — you were somewhere else when the crime took place — it may also be possible to show that you were misidentified by the victim and that someone else committed the crime. If the victim was older than 18, you may be able to avoid a conviction if we can establish the victim’s consent.
Contact Our Wellington Sexual Battery Defense Lawyer
Although we are committed to having the case dismissed or winning an acquittal, we will give you an honest assessment of the evidence against you. Above all, we will work to achieve the best possible outcome for you. If you have been charged with sexual battery in Wellington, you may be concerned about your future. Remember, we are here to help. Contact our office as soon as possible for a free evaluation of your case.