What Is and Isn't a Defense against Sexual Battery Charges? In Florida, the most serious offenses are charged as capital felonies. If, at the time the crime is committed, the defendant is less than 18 years of age, he or she commits a life felony. Thus, this issue cannot be reviewed on direct appeal. Attorney Donald J. Kilfin has handled countless sex crime cases as both a Pinellas county state prosecutor and criminal defense attorney, including: - Capital Sexual Battery. In Florida, a person commits sexual battery when they penetrate another's mouth, anus, or vagina with the actor's own sexual organs or the sexual organs of someone else.
Capital Sexual Battery Attorney in Miami. Applying these objective criteria, we conclude that life imprisonment is a proportionate punishment for the offense of sexual battery and does not constitute cruel or unusual punishment. If you are accused of capital sexual battery, the threat to your future could not be more serious. Mr. Gibson then asked the officer whether the victim was present behind a two-way mirror. In a wide variety of circumstances where it is clear through medical evidence that some form of sexual battery or sexual assault has occurred, it may be useful and it may be a good idea to go with a SODDIT defense.
Sexual Battery Likely to Cause Serious Personal Injury — non-consensual oral, anal, or vaginal contact with another person as a result of the use of physical force likely to cause serious personal injury. Public outrage and pressure upon Florida lawmakers to protect children has resulted in some of the most severe penalties for sex crimes in the US. Sexual battery is a violation of Florida Statute 794. Sexual battery is a first-degree felony, punishable by imprisonment, fines, probation, court-ordered rehabilitation, and mandatory registration as a sex offender upon release from prison. A Florida law passed in 2007 was nicknamed the "Romeo and Juliet" law, allowing those who have been convicted of a sex crime to remove their information from the sex offender list. Our Florida Sexual Battery Defense Lawyers at Whittel & Melton specialize in sex crimes defense, so there is no other team of defense attorneys that will work as hard for you than we will. If you have been accused of sexual battery, it is crucial to have aggressive legal representation knowledgeable in sex crimes. Florida Sexual Battery Lawyers from Musca Law Defend Your Rights. Call (888) 484-5057 anytime, 24/7 for experienced legal advice from a Florida sexual battery lawyer! In addition to sexual battery and aggravated sexual battery, other charges under Florida law include: - Capital Sexual Battery — having oral, anal, or vaginal contact with a child under the age of 12, regardless of consent. 2d 957 (Fla. 3d DCA 1978) (change of assistant public defenders one day prior to trial did not compel continuance); see also United States v. Cronic, 466 U. What follows is a brief overview of the more common sex offenses in the state of Florida and their corresponding penalty provisions. I'm not saying up inside, but it's touched the lips of her vaginal area?
Introduction of Contraband. However, for some people this term can get easily confused with other sex crimes. In defending a person accused of sexual battery of a person under 12 years of age, the defense can question the age of both the victim and the accused. Third, we consider the sentences imposed for commission of the same crime in other jurisdictions. This offense can be charged as an aggravated sexual battery if aggravating factors were present during the incident. 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. This means that the sentencing court has the right to sentence the convicted person to death or convict them to life imprisonment without parole. Now, of course, I am going to use anonymized information with names because that is appropriate, and will call my client John Doe. If you've been arrested, remain silent until you can consult with your attorney. A person 18 years of age or older who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than that 12 years of age, commits a capital felony. In order to convict a person accused of capital sexual battery against a child less than 12 years of age the prosecution needs to prove beyond reasonable doubt that the accused was more than 18 years old at the time of the act and that the victim was less than 12 years old. It's also important to note that incapacitated people and minors cannot provide consent. If you are convicted of a capital felony, according to Florida Statute §775. "My case is almost done and I am so happy with such a great attorney. "
The main difference between other forms of sexual crimes and capital sexual battery is that the victim is under the age of 12 and the defendant is over the age of 18. What Are The Most Serious Rape Charges In Florida? That statute, based on the common law, required proof of penetration. At trial, the deputy did not testify concerning the statements of the victim. The only way to find out for sure is to sit down with a Florida sexual battery attorney. Sexual Battery that Injures the Victim. Getting arrested and charged with sexual battery in Florida is nothing short of a nightmare. The victim is coerced into submission by threats to retaliate against the victim, or any other person, and the victim reasonably believes that the offender has the ability to execute the threat in the future. The original information in this case charged Mr. Gibson with three counts of capital sexual battery based on penile penetration or union, digital penetration, and oral union. 04(5), "Lewd or Lascivious Molestation" is defined as intentionally touching in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a child under 16 years of age; or encouraging, enticing, or forcing a child under 16 years of age to so touch another person in a lewd or lascivious manner. Second-degree felony sexual battery occurs when no serious physical force is used and both the offender and victim are over 18, or both are between the ages of 12-18. Can Sexual Battery Charges Be Dropped?
The court reporter then placed in the transcript the comment, "Jurors indicating affirmatively. Sexual battery is a serious criminal offense. If the defendant is 18 or older and the defendant commits this crime on someone younger than 12, the defendant committed a capital felony which means the defendant can receive the death penalty. Help yourself and call one of our eight offices today - 866-608-5529!
Victims and Perpetrators of Sexual Battery. 95-295, Laws of Fla. Thus, all capital felonies are now punishable either by death by execution or by imprisonment until death. Sexual battery is defined as the union of or penetration of the sexual organ, by oral, anal or vaginal act by a person or an object. So how do you know which defense is best for you? Furthermore, you cannot expunge a conviction of this crime from your record.
As former prosecutors, we've tried hundreds of Florida courtroom cases, delivering unique advantages that other law firms just can't match. As with all criminal matters, the sooner an experienced defense attorney can begin advocating on your behalf, the better chance you have at attaining a more favorable outcome. If you have further questions about sex offenses generally, feel free to give me a call. Protecting Your Rights in Miami: Federal Sex Crime Defense Attorney. On the other hand, sexual battery or rape will be deemed coerced submission if force, threats, or intimidation were used to compel the sexual interaction.
Extradition to Florida. We urge you to contact us right away to schedule your free initial consultation with us where we will talk about the criminal charges you are facing and what we think the best defense strategy may be. Laws concerning statutes of limitations may vary according to jurisdiction. CHARGES DROPPED Violent Crime. Aggravating circumstances elevate the crime to a First Degree Felony, for which a judge could order up to 30 years' incarceration. Attorney Michael Mirer is a former Assistant State Attorney for Miami-Dade Count and has deep insight into every aspect of sex crime charges and what to expect from the prosecutor. In Florida, incidents that would be described elsewhere as rape or sexual assault are charged as sexual battery.
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