Being accused of sexual assault can be an overwhelming and stressful experience. You may be unsure where to turn for help or how to avoid the harsh consequences that likely will accompany a conviction, including mandatory sex offender registration. A Boca Raton sexual assault Lawyer may be your best weapon to fight back against these serious criminal charges.
If you are convicted of sexual assault or another sex offense, your reputation may suffer irreparable damage. You may no longer be able to work in your industry or in jobs that involve children. Thankfully, a hardworking sex crimes attorney can be crucial to effectively defending you from the charges in this situation.
How Does Sexual Battery Relate to Assault?
Under Fla. Stat. § 794.11, the criminal offense of sexual battery encompasses crimes that may constitute assault or battery. This statute provides that sexual battery occurs when individuals carry out any oral, anal, or vaginal penetration or engage in the joining of sexual organs. Anal or vaginal penetration using any object also qualifies as sexual battery under state law.
A key element of sexual battery is a lack of intelligent, voluntary, and knowing consent to the actions by the alleged victims. In some cases, individuals may exhibit a lack of consent by verbally or physically trying to prevent the incident from occurring. However, in other cases, evidence of a lack of consent is far more subtle.
For instance, for sexual battery, individuals who are physically or mentally incapacitated cannot legally consent to an act that otherwise would constitute a sexual battery. Likewise, victims do not consent to actions when they are engaging in those actions as a result of threats of force, violence, or retaliation against themselves or others. If the victims of the offense have a reasonable belief that the accused can carry out the threats, then the actions are not consensual.
Possible Sanctions for Sexual Battery
Sexual battery is a severe crime under state law that can result in harsh consequences for those who are convicted of the crime. While charges vary according to the situation and the past criminal history of the accused, the offense is always a Felony. The ages of the parties involved in the incident, the force used, and the injuries that result also impact the level of the charges that individuals can face for sexual battery.
In some instances, sexual battery is a capital or life Felony, which can result in a sentence of death or life in prison. As a first-degree Felony, individuals still can face up to 30 years or life in prison, as well as a $10,000 fine. Many sexual battery offenses also are second-degree felonies, which can result in a prison sentence of up to 15 years.
Generally, if adults sexually assault children, the penalties often are more significant than if they had assaulted adults. Furthermore, the younger the child, the more severe the charges may become, especially if the child is under the age of 12. A sexual assault Lawyer in Boca Raton can defend the rights of people facing sexual assault charges and work toward the best resolution possible in their cases.
Collateral Consequences of Sexual Assault Convictions
In most cases, a conviction for sexual battery will result in mandatory sex offender registration for life. Sex offender registration laws in the state are incredibly restrictive, in that individuals typically remain on the registry for life. Mandatory sex offender registration can be a challenging barrier to overcome when trying to get employment or seek higher education.
Generally, individuals forced to register must check in with local law enforcement officials either twice or four times per year, depending on their situations. They must keep all contact information updated or risk additional criminal charges. Consulting a sexual assault Attorney in Boca Raton may be the most effective means of avoiding a conviction for sexual assault and its highly damaging consequences.
Look to a Boca Raton Sexual Assault Attorney for Advice
By contacting a Boca Raton sexual assault Lawyer for guidance, you may be able to avoid unintentional self-incrimination. Although your inclination may be to explain your actions, doing so can make a bad situation even worse. Getting legal advice from the outset of the case may be highly beneficial to you.
Avoid or minimize the risk of lifelong penalties that stem from sexual assault charges by consulting with legal counsel today. Otherwise, you risk a damaging and permanent impact on your life.
