In some instances, an attorney can negotiate a plea agreement involving a guilty plea to a lesser offense that does not require sex offender registration. Class D: aggravated statutory rape. Would highly recommend. In addition, a person convicted of sexual battery in Florida or another jurisdiction has to enter the sex offender registration program, which will affect the rest of this person's future life and freedom. Sexual battery by an authority is a charge that includes unlawful sexual contact with a minor between the ages of 13 and 17 or of a person who is mentally incapacitated, regardless of age. This charge may also be filed if the victim was between 13 and 18 years of age or if the defendant had parental or custodial authority over the victim.
A sex crimes conviction involving children could devastate your educational career. Violations of this subsection are considered a Class B felony, punishable by anywhere from eight to thirty years in prison and a fine not to exceed $25, 000. Each case's statute of limitations depends on the facts of the offense and the law that existed at the time of the offense. Class C: sexual battery by an authority figure, incest. Sexual battery is generally a Class E felony, which carries a fine of up to $3, 000 and/or 1-6 years in prison. Meltzer & Bell has clients throughout the greater Broward County area including Fort Lauderdale, Pompano Beach, Hollywood and Pembroke Pines. If the victim unwillingly suffered great bodily harm for the purpose of sexual arousal, the state prison sentence can be longer than any other based on sexual assault laws of the criminal justice system. Sexual Battery vs. Rape. The term sexual battery is what is used to describe unwanted or nonconsensual sexual contact. Aggravated Statutory Rape: Rape of a 13-17-year-old by a perpetrator who is 10 or more years older than the victim. A: "Aggravated" generally means the law considers the offense to be more severe than other forms of similar offenses. Some Ohio sexual battery statutes overlap with rape, the most extreme form of sexual battery. I was able to text or call Mike anytime I needed to. Mr. McKellar has been selected as a member of "America's Top 100 Criminal Defense Attorneys" in 2021.
Aggravated sexual battery occurs when there is force or coercion used, when the defendant is armed with a weapon or the victim believes them to have a weapon, if the defendant causes bodily harm or is aided and abetted by one or more other persons. TN Code ยง 39-13-503 (2016). You hear the terms, sexual misconduct, inappropriate sexual conduct, sexual assault, but are we clear on what these euphemisms really mean from a legal perspective? Mike G. is a great attorney. Failure to secure a good legal authority figure or criminal defense lawyer could impact the rest of your life, and you may be charged as a sex offender and possibly face a prison sentence.
Sexual battery is characterized by the touching of another person's intimate parts without their consent, or against their will. Although mandatory prison time might come with a sexual battery conviction, the precise consequences depend on the circumstances and the offender's status. Mike took care of my legal and civil case and was very helpful and Professional. If convicted of aggravated sexual battery as a Class B Felony, the sentence is 8 to 30 years in prison and a fine up to not more than $25, 000. Rape occurs when a defendant forces another person to have unwanted sexual penetration. Those convicted of a sexual battery or sexual assault generally must register as sex offenders in Florida's sex offender registry. Does the word constitute a lack of consent as soon as it is spoken, or must the victim object more vigorously? Up to $10, 000 in fines. Specifically, Tennessee sexual battery is defined as unlawful sexual contact between the defendant and victim that occurs under one of the following circumstances: Sexual contact means intentional touching of the intimate parts of the victim, defendant, or another person, either directly or over clothing, for the purpose of sexual arousal or gratification. If so, it's within your best interest to gain experienced legal representation as soon as possible.
Don't depend on your innocence or on pieces of evidence to save yourself. If you or someone you know has been accused of committing a sex crime against a minor student as an authority figure, then it's imperative you seek legal representation. Your Initial Consultation Is Free. The difference in sexual battery vs. sexual assault is that assault requires that the survivor has apprehension of the battery.
Our Nashville statutory rape lawyers understand how to effectively handle these severe and sensitive matters, fighting to preserve our clients' best interests. He worked with me, on a real level and communicated realistic expectations for my situation. A conviction by a trial or a plea to the charge results in the automatic revocation of the bail bond. Concerning a child, it usually implies that the person has some responsibilities in loco parentis. "
This means that, if convicted, this one act may follow you around for the rest of your life, and you may go to prison. I will also look at whether you actually qualify as a person in custodial or familial authority under Florida statue and current case law. View All Live Trials. A Class B felony is punishable by 8to 30 years in prison, and fines of up to $25, 000. A: In Tennessee, a crime's statute of limitations depends on the way the crime is classified. Call my office today at (850) 243-6097 to discuss the facts of your case and to find out what I can do to protect your future.