St. Petersburg Sexual Battery Lawyer

When you face charges of sexual battery, having a skilled sex crimes defense attorney is essential. An experienced St. Petersburg sexual battery lawyer will thoroughly review the evidence against you, spot any inconsistencies or errors made by law enforcement, and navigate the complex legal landscape of your case. At Goldman Wetzel, our team understands the strategies that both the prosecution and court may use and will work tirelessly to protect your rights. Reach out today to begin working with a dedicated advocate.

What Is Sexual Battery?

In Florida, sexual battery, often synonymous with rape, 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.” Consent is a critical element in these cases. Any penetration no matter how slight, that occurs without the victim’s consent constitutes sexual battery. Lack of consent may be inferred from the victim’s age, the accused’s deceptive behavior, or the victim’s mental or physical condition.

The law categorizes sexual battery into several degrees and imposes different penalties for each.

  • Capital Sexual Battery: This charge applies when the victim is under 12 years old and the defendant is 18 or older. Conviction for this offense results in life imprisonment without the possibility of parole.
  • First-Degree Felony Sexual Battery: This applies when the victim is physically or mentally incapacitated, or if the defendant used or threatened with a weapon. Penalties range from life imprisonment without parole to probation and substantial fines.
  • Second-Degree Felony Sexual Battery: This charge applies when no physical force likely to cause serious injury was involved. Penalties can include up to 15 years in prison, 15 years of probation, and significant fines.
  • Sexual Battery by a Law Enforcement Officer: When committed during official duties, this charge results in mandatory imprisonment, additional penalties, and further legal and ethical issues.

Given the severe consequences and complex nature of sexual battery charges, it is crucial to have a knowledgeable St. Petersburg attorney to navigate the legal process and advocate for your rights.

How to Defend Against Sexual Battery Charges

Defending against sexual battery charges involves several potential strategies that a skilled St. Petersburg defense attorney might employ.

Challenging Evidence

One approach is challenging the credibility of evidence presented by the prosecution. Your lawyer can scrutinize the reliability and admissibility of forensic reports, witness statements, and medical records to identify any inconsistencies or issues that might weaken the prosecution’s case.

Consent

Another potential defense strategy is the consent defense. This involves providing evidence that the sexual activity in question was consensual. This can be supported by testimonies, electronic communications, or other relevant evidence.

Alibis

Additionally, an alibi defense may be used to establish that you were not present at the crime scene during the incident. This can be supported by credible witness testimony, surveillance footage, or other forms of documentation.

Victim Credibility and Police Misconduct

Questioning the victim’s credibility is another strategy, where your attorney highlights any inconsistencies or falsehoods in the victim’s testimony. Finally, your defense attorney may argue that the evidence against you was obtained through police misconduct. This can include improper policing practices or violations of your rights during the investigation and arrest. Each of these strategies can play a crucial role in building a robust defense against sexual battery charges.

Schedule a Consultation With a St. Petersburg Sexual Battery Attorney Today

Our St. Petersburg sexual battery lawyers are committed to providing personalized legal representation. We conduct a thorough investigation into every aspect of your case and develop tailored strategies to ensure the best possible outcome. We are dedicated advocates for your rights, both inside and outside the courtroom. With our comprehensive support, you will stay informed and confident throughout the legal process. Contact us today for a confidential consultation.