Miami Sexual Battery Attorneys

Aggressively Fighting Rape Accusations

Sexual battery is among the most serious criminal charges in Florida. In its most severe form, it is classified as a capital felony, carrying the potential for life imprisonment or the death penalty. Other degrees of sexual battery can still bring decades in prison, heavy fines, and mandatory sex offender registration. These are life-changing penalties that demand a defense built on precision, strategy, and unwavering commitment.

Jeffrey S. Weiner, P.A. has spent decades defending clients accused of rape and sexual assault in Miami and throughout Florida. Our attorneys have faced some of the toughest prosecutions in state and federal courts, protecting the rights of those accused when everything is on the line. We move rapidly to analyze the evidence, challenge the state’s claims, and build a defense that safeguards your freedom and future.

Learn how our Miami rape defense attorneys can put our experience, knowledge, and skills to work for you by calling us at (305) 985-6640 or contacting us online today.

Why Hire Our Seasoned Sexual Battery Attorneys

When you are accused of sexual battery, you need a defense team that has stood in the toughest courtrooms and earned the respect of judges and peers alike. At Jeffrey S. Weiner, P.A., clients benefit from a legacy of criminal defense leadership that spans nearly five decades. Our rape defense lawyers bring extensive courtroom experience, board certification, and an unwavering commitment to protecting every client’s constitutional rights.

• Led by One of the Nation’s Most Respected Criminal Defense Lawyers. Managing Partner Jeff Weiner is a Board-Certified Criminal Trial Lawyer who has defended clients in complex state and federal cases across more than twenty states. A former President of both the National and Florida Associations of Criminal Defense Lawyers, he has argued before the U.S. Supreme Court, the Florida Supreme Court, and multiple federal appellate courts. His leadership and deep constitutional insight shape every defense our firm builds.
• Award-Winning Representation. The firm has been honored by peers and professional organizations, earning distinctions such as Best Law Firms, Super Lawyers, and Florida Trend’s Legal Elite. These recognitions reflect decades of excellence, ethical practice, and results achieved in high-stakes criminal defense.
• Courtroom Experience That Spans Generations. The firm’s attorneys have handled trials and appeals in some of Florida’s most challenging venues, including Miami-Dade’s busiest criminal divisions. This experience translates into strategic insight and disciplined advocacy under pressure.
• A Dedicated Team of Attorneys. Alongside Mr. Weiner, Diego Weiner and Yisel Villar provide vigorous defense for clients in state, federal, and international cases. Fluent in both English and Spanish, they serve Miami’s diverse community with professionalism and respect. Their backgrounds include trial practice, appellate work, and extensive involvement with national defense organizations.
• Experience Across High-Profile & Sensitive Cases. Our attorneys have represented clients in cases that attracted national attention — including professionals, educators, athletes, and public officials — as well as individuals facing deeply personal accusations. Every case receives the same level of discretion, preparation, and care.
• Constitutional Advocacy at Our Core. Since 1974, Jeffrey S. Weiner, P.A. has stood as a defender of civil liberties and the presumption of innocence. We believe every person deserves a rigorous and fair defense, no matter the accusation or public pressure.

Significant Victories in Sexual Battery & Sex Crime Defense

Over decades of practice, Jeffrey S. Weiner, P.A. has defended clients against some of the most serious sex crime allegations in Florida. Our team’s preparation, discretion, and command of criminal procedure have helped clients avoid life-changing consequences in highly sensitive cases.

Significant case results include:

• No Charges Filed After Alleged Sexual Battery. Our attorneys intervened early and successfully prevented charges after clients were accused of nonconsensual sexual contact with an underage schoolmate.
• Charges Dismissed Against Two Adult Males Accused of Sexual Battery on a Minor. We secured a dismissal before formal charges were filed after demonstrating key weaknesses in the allegations.
• No Jail Time for Teacher Accused of Sexual Misconduct with Students. Our defense team resolved the case without any jail time for the client, who had been accused of multiple instances of sexual misconduct.

Every case is unique, and past outcomes do not guarantee future results. However, these case victories illustrate the level of diligence, discretion, and advocacy our team applies to each defense.

Defending Sexual Battery Charges Under Florida Law

Under Florida Statutes §794.011, sexual battery involves any non-consensual sexual contact that includes penetration or oral contact with another person. The law applies to a wide range of situations, from allegations involving minors to cases claiming coercion, intoxication, or abuse of authority. Because these charges are prosecuted aggressively in Miami-Dade County, they require immediate and skilled legal representation.

Jeffrey S. Weiner, P.A. defends clients accused under every section of this statute. Our attorneys understand how prosecutors pursue these cases and how evidence is used to build the state’s narrative. We approach each case by examining the specific subsection under which a person is charged, including:

• Subsection (2). Allegations involving a person under 12 years old or an attempt causing injury.
• Subsection (3). Cases involving use of great force, violence, or a deadly weapon against someone 12 or older.
• Subsection (4). Situations where the alleged victim was unconscious, impaired, threatened, or otherwise unable to consent.
• Subsection (5). Allegations of sexual contact without the use of force or violence.
• Subsection (8). Claims involving a familial or authoritative relationship with a person under 18.

These cases often depend on credibility, forensic interpretation, and the strength of witness statements. Our defense team reviews how evidence was collected, whether consent was clearly communicated, and whether law enforcement or prosecutors overstepped legal boundaries. We work with independent experts when necessary to dispute forensic findings and expose weaknesses in the prosecution’s theory.

Penalties for Sexual Battery in Florida

Sexual battery convictions in Florida carry some of the harshest penalties in the criminal code. The consequences you face depend on the specific allegations, the ages of those involved, and the circumstances prosecutors present.

The Most Serious Cases: Capital & Life Felonies

When an adult is accused of sexual battery against a child under 12, Florida law classifies it as a capital felony. This means the state can seek the death penalty or life imprisonment, along with fines up to $15,000. If the accused is under 18, the charge becomes a life felony, which still carries potential life imprisonment and the same maximum fine.

Cases involving the use of a deadly weapon or physical force likely to cause serious injury against a victim 12 or older are also prosecuted as life felonies. These charges leave little room for negotiation, which is why experienced legal representation is critical from the start.

First-Degree Felonies: Decades Behind Bars

Many sexual battery cases involve circumstances where the alleged victim was unable to consent. This includes situations where the victim was mentally incapacitated, physically helpless, or coerced through threats. These situations are prosecuted as first-degree felonies. Depending on the victim's age and other factors, a conviction can result in up to 30 years in prison, or even up to life imprisonment when the victim is under 18. Fines can reach $10,000.

First-degree felony charges also apply when someone in a position of authority is accused of sexual conduct with a minor between 12 and 17. This includes family members or custodians. These cases often involve complicated family dynamics and require a defense attorney who understands both the legal and personal aspects of what you're facing.

Lesser Charges Still Carry Serious Consequences

Even charges classified as second-degree or third-degree felonies can derail your life. A second-degree felony conviction can lead to up to 15 years in prison and fines up to $10,000. Third-degree felonies, such as soliciting a minor for sexual conduct, carry up to 5 years in prison and fines up to $5,000. And every sexual battery conviction, regardless of degree, requires mandatory registration as a sex offender. This is a consequence that follows you long after any sentence is served.

Navigating Florida’s Sex Offender Registration Requirements

A sexual battery conviction automatically places a person on the sex offender registry, often for life. Registrants must report regularly to law enforcement, update address and employment information, and follow strict residency restrictions. In Miami-Dade County, these rules can make it difficult to find housing, secure employment, or travel without violating registration conditions.

Jeffrey S. Weiner, P.A. helps clients manage these requirements and minimize their long-term impact. Our attorneys:

• Advise on reporting obligations and ensure timely compliance with state and county rules.
• Represent clients accused of violating registration terms.
• Assist with relocation or travel issues affected by residency restrictions.
• Review eligibility for removal from the registry or other post-conviction remedies that may restore privacy and freedom of movement.

Navigating Florida’s registration system is complex, but with informed legal support, you can take steps to meet legal requirements while protecting your rights and dignity.

Common Defense Strategies in Sexual Battery Cases

Our lawyers evaluate every sexual battery case with a detailed review of the facts, the investigation, and the evidence presented. We focus on identifying weaknesses in the prosecution’s case and ensuring that your constitutional rights are fully protected.

Five key defense approaches often apply in sexual battery prosecutions:

• Consent. We review communications, witness statements, and physical evidence to determine whether the alleged encounter was consensual or if the evidence leaves room for reasonable doubt.
• False or Motivated Accusations. Allegations may arise from personal disputes or emotional conflicts. We examine the context of the accusation, prior statements, and possible motives to reveal inconsistencies.
• Improper Police Procedures. When investigators fail to follow proper protocols for evidence collection or questioning, the integrity of the case may be compromised. Our attorneys examine records, warrants, and reports for procedural errors or constitutional violations.
• Faulty Forensic or Identification Evidence. DNA and forensic results are not always reliable. We consult independent experts to assess lab methods and identification procedures used in the investigation.
• Insufficient Proof. The state must prove its case beyond a reasonable doubt. We assess whether the prosecution’s evidence meets that burden and highlight gaps or conflicting details that may affect credibility.

FAQs

What should I do first if accused of a sex crime in Miami?

If police contact you about a sexual assault allegation, stay calm and avoid discussing the case without legal counsel. Do not give a statement, sign any forms, or answer questions before speaking with an attorney. Anything you say may be used against you later. Clearly and respectfully tell investigators that you want to speak with a lawyer.

How quickly do cases like rape or sexual assault move through the Miami court system?

Timelines vary based on the complexity of the case, available evidence, and court schedules. Miami-Dade’s busy courts can cause delays, though serious charges usually prompt a faster initial court process for bond and arraignment.

Will a sexual assault accusation affect where I can live in Miami?

If you are convicted, strict local and state residency restrictions may limit housing options, especially near schools and parks. These rules apply for the duration of any required registration as a sex offender.

Our sexual battery lawyers in Miami will provide the dedicated and unwavering legal advocacy you need. Call us at (305) 985-6640 or contact us online, and we will respond promptly.