Miami Sexual Battery Attorneys

Aggressively Fighting Rape Accusations

Sexual battery is one of the most severe sex crimes a person can be accused of committing. In the most severe circumstances, it is a capital felony, which is punishable by death. Other cases may be charged as third-degree, second-degree, first-degree, or life felonies, which carry lengthy prison sentences and hefty fines. A sexual battery conviction also results in a sex offender registration requirement. These charges need to be handled by a skilled attorney who knows how to build aggressive defenses and is ready to do what it takes to seek results.

At Jeffrey S. Weiner, P.A., our Miami sexual battery lawyers have years of legal experience and have represented individuals in a range of complicated criminal matters. We have gone up against challenging prosecutors and have been steadfast in our defense of our clients. We are ready to fight for you to protect your rights and future. From the beginning of your case, and through every stage throughout, we will explore all legal options and work toward obtaining the best possible result on your behalf.

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

Florida's Sexual Battery Laws

Sexual battery involves engaging in non-consensual sexual conduct with another person. Consent means intelligently, knowingly, and voluntarily agreeing to do something. If a person's agreement comes only after they were forced to submit, that does not meet the definition of consent.

Florida law defines sexual battery as the penetration of the victim’s or alleged offender’s mouth, anus, or vagina by the other person’s sexual organ or an object.

Florida Statutes § 794.011 is the law concerning sexual battery. The subsections of this statute enumerate the various circumstances in which the offense is committed. Specifically, they concern the ages of the victim and alleged offender, whether or not force was used, whether or not harm was caused to the victim, and the relationship between the alleged offender and victim.

We will elaborate on each of the subsections below:

• Subsection (2): This subsection concerns sexual battery committed upon a person under 12 years of age, or an attempt to commit it on such a person and causing injury to the victim.
• Subsection (3): Covered under this subsection are sexual battery incidents involving a person 12 years of age or older when great force or a deadly weapon was used to commit the crime.
• Subsection (4): This subsection concerns sexual battery committed under specified circumstances. These include:
  • Victim was unconscious, asleep, or otherwise physically unable to resist or consent
  • Coercion through use or threatened use of violence that would cause serious bodily injury
  • Coercion through threatened retaliation against the victim or any other person
  • Alleged offender administered or knew someone administered to the victim a drug, alcohol, or other intoxicating substances that incapacitated the victim
  • Alleged offender knew or had reason to believe the victim was incapable of appraising the situation because of a mental disease or defect
  • Victim was disabled or had a bodily impairment that made them temporarily or permanently unable to resist
  • Alleged offender was a law enforcement officer, correctional officer, or probation officer who made the victim reasonably believe the actor was in a position of control or authority
• Subsection (5): This subsection pertains to sexual battery committed without the use of physical force or violence.
• Subsection (8): Included under this subsection are acts of sexual battery committed by a person who had a familial relationship or custodial authority to a victim who was under 18 years of age.

An accusation of sexual battery under any of the above subsections is serious. If you have been charged, call our experienced attorneys at Jeffrey S. Weiner, P.A. right away.

Penalties for Sexual Battery in Florida

The penalties imposed upon a sexual battery conviction are tied to the subsection under which it was charged and the victim’s and alleged offender’s ages.

Below are the potential punishments a court may levy:

Violation of Subsection (2):

• Alleged offender 18 years of age or older, victim under 12 years of age – Capital felony:
  • Death
• Alleged offender under 18 years of age, victim under 12 years of age – Life Felony:
  • Up to life imprisonment and/or
  • Up to $15,000 in fines

Violation of Subsection (3):

• Life felony:
  • Up to life imprisonment and/or
  • Up to $15,000 in fines

Violation of Subsection (4):

• Alleged offender 18 years of age or older, victim 12 years of age or older but under 18 years of age – First-degree felony:
  • Up to life imprisonment
  • Up to $10,000 in fines
• Alleged offender and victim 18 years of age or older – First-degree felony:
  • Up to 30 years of imprisonment and/or
  • Up to $10,000 in fines
• Alleged offender under 18 years of age, victim 12 years of age or older – First-degree felony:
  • Up to 30 years of imprisonment and/or
  • Up to $10,000 in fines

Violation of Subsection (5):

• Alleged offender 18 years of age or older, victim 12 years of age or older but under 18 years of age – First-degree felony:
  • Up to 30 years of imprisonment and/or
  • Up to $10,000 in fines
• Alleged offender and victim 18 years of age or older – Second-degree felony:
  • Up to 15 years of imprisonment and/or
  • Up to $10,000 in fines
• Alleged offender under 18 years of age, victim 12 years of age or older – Second-degree felony:
  • Up to 15 years of imprisonment and/or
  • Up to $10,000 in fines

Violation of Subsection (8):

• Soliciting a minor to engage in an act considered sexual battery – Third-degree felony:
  • Up to 5 years of imprisonment and/or
  • Up to $5,000 in fines
• Engaging in sexual battery with a minor 12 years of age or older but younger than 18 years of age – First-degree felony:
  • Up to 30 years of imprisonment and/or
  • Up to $10,000 in fines
• Engaging in sexual battery with a minor under 12 years of age – Capital or life felony
  • Death, or
  • Up to life imprisonment and/or
  • Up to $15,000 in fines

When your future and freedom are at stake, trust your case to a team with the experience and know-how to aggressively fight your charge.

Florida's Sex Offender Registry for a Sexual Battery Conviction

If a person is found guilty of sexual battery, they must register as a sex offender for life. As part of this requirement, they must report to their local sheriff's office every three months and provide their personal identification information. Personal identification information includes, but is not limited to, name, date of birth, Social Security Number, place of employment, physical and email address, and vehicle information.

Some of the information contained within the sex offender registry, maintained by the Florida Department of Law Enforcement (FDLE), is made available to the public. The FDLE site explains that the information is publicly accessible to assist community members in “forming their own risk assessments” of the offender based on the sex crime conviction. Because of the broad social stigma attached to sex offenders, many people may make swift and harsh judgments about them, making it difficult for them to live a productive life even after they have completed their sentences.

Hire a Seasoned Sexual Battery Attorney in Miami

Act quickly to retain legal representation for your case. The sooner you reach out to Jeffrey S. Weiner, P.A., the sooner we can begin crafting a compelling defense on your behalf.

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