Sexual assault and sexual battery are very serious criminal charges in Miami-Dade County and the State of Florida. These charges are more serious than simple assault and battery charges because they are sexual in nature and are subject to enhanced criminal penalties and sentences. Sexual assault and sexual battery are both felony charges in the State of Florida. However, depending on the allegations, the felony could be a third degree felony, a second degree felony, a first degree felony, a life felony, and in some circumstances, a capital felony offense. If you or anybody you know has been charged with sexual assault or sexual battery in Miami, it is very important the person arrested for sexual assault or sexual battery meet with a Miami assault attorney as soon as possible.
Stroleny Law: Criminal Defense Attorney represents clients charged with sexual assault and sexual battery. After years of service in the State Attorney’s Office as a prosecutor, Julian Stroleny is familiar with how law enforcement investigates and prosecutes clients charged with sexual assault and sexual battery. In addition to being a former prosecutor, the attorney at Stroleny Law: Criminal Defense Attorney has the requisite experience defending allegations of sexual assault or sexual battery against clients and will fight to ensure your rights are protected. It is very important to consult with a criminal defense lawyer if you or someone you know has been charged with sexual assault or sexual battery because. In addition to common punishments such as jail time or probation, someone charged with sexual assault or battery could be subject to being designated as a Miami Dade Sexual Offender as a result of a conviction.
SECOND DEGREE SEXUAL BATTERY
Sexual battery is described in Florida Statute 974.011 (1)(h) as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.” It is important to note that the least serious sexual battery offense does not require any force or violence beyond that inherent in the accomplishment of “penetration” or “union.”
Florida Statute 974.011 (5) describes this sexual battery offense as one committed “upon a person 12 years of age or older, without that person’s consent, and in the process thereof does not use physical force and violence likely to cause serious personal injury…” When someone is arrested and charged with sexual battery under this section, it constitutes a second degree felony and the individual charged with sexual battery under this statute would be facing a maximum sentence of fifteen (15) years of incarceration in the Florida state prison system.
FIRST DEGREE FELONY SEXUAL BATTERY
When someone is arrested for sexual assault or sexual battery in Miami or in Florida, the status of the victim and offender are taken into consideration. To constitute a first degree felony, which is punishable by up to thirty (30) years of incarceration in the Florida state prison system, the alleged victim must be older than the age of twelve (12) years old. In addition to being over the age of twelve years, one of the following conditions must be met:
(1) The victim is physically helpless to resist.
(2) The offender must coerce the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute the threat.
(3) The offender, without prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance which mentally or physically incapacitates the victim.
(4) When the victim is mentally defective and the offender has reason to believe this or has actual knowledge of this fact.
(5) The victim is physically incapacitated.
(6) The offender is a law enforcement officer.
LIFE FELONY SEXUAL BATTERY
The age of both the victim and the person arrested and charged with sexual assault or sexual battery in Miami or anywhere in Florida directly affects whether or not the charge will constitute a life felony. Life felonies are punishable by a maximum sentence of forty (40) years to life imprisonment in the Florida state prison system.
If the person charged with sexual assault or sexual battery in Miami was younger than eighteen (18) years old at the time of the alleged offense and, during the course of the sexual battery or attempt to do so, injures the sexual organs of the alleged victim who is less than twelve (12) years old, it elevates the sexual battery charge to a life felony.
Regardless of the age of the individual charged with sexual assault or sexual battery, if the offender uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury, Florida law enhances this crime to a life felony as well.
CAPITAL SEXUAL BATTERY
A person charged with capital sexual battery in Miami will be facing a maximum sentence of death or life imprisonment without parole in the Florida state prison system. For the crime of sexual battery to be elevated to a capital offense, the person arrested for sexual battery must be eighteen (18) years or older and must injure the sexual organs or a person less than twelve (12) years of age during the course of the sexual battery.
How A Miami Sexual Assault Conviction Can Wreck Your Life
As noted earlier, sexual assault in Florida is a felony. If you are convicted, you face not only prison time and fines. Additional possible penalties and consequences are:
- Being required to register as a sex offender for years or life.
- Restrictions on where you can live.
- Being required to wear a GPS track device for years.
- Losing your current job or being unable to find a new one.
- Inability to get student loans and other kinds of state and federal government assistance.
- Inability to keep or maintain a professional license, such as a CDL.
- Inability to rent a home or apartment.
- Powerful social stigma of being a convicted sex offender.
Also, Miami sexual abuse and sexual assault cases are difficult to defend. You could be innocent, but if you don’t take the sex crime allegations seriously, it can lead to a disastrous outcome. Remember that sexual assault crimes often depend on the alleged victim’s testimony and it will often be given more weight than yours. So, for the best shot against the criminal justice system, you should retain experienced Miami sexual assault lawyers.
Miami Sexual Assault Charge Defenses
The defense that your legal representation offers on your behalf depends on the case circumstances. However, some of the more common defenses that an alleged offender may raise are:
- Innocence: You claim with strong evidence that you are innocent of the sexual assault charge.
- Mistaken identity: The alleged victim identified you by mistake. Some surveys of sexual abuse victims show that photo lineups and arrays are wrong at least ¼ of the time.
- False accusation: You have been falsely accused of Miami sexual abuse and the alleged victim has a motivation to lie.
- Alibi: You were somewhere else at the time of the Miami sexual abuse crime.
- Constitutional rights violation: Your rights were violated by law enforcement during or after the domestic violence arrest.
- Diminished capacity: You were a victim of diminished capacity, temporary insanity, or mental instability.
- Consensual act: The sexual conduct alleged was consensual.
Experienced Miami sexual abuse lawyers may use one or more of these defenses to raise reasonable doubt. If so, the sexual abuse or assault case could be dismissed. Or, the prosecutor may agree to a favorable plea bargain.
What To Do After A Sexual Assault Charge Against You
There are many things to remember if someone says they were sexually assaulted by you. First, you should say as little as possible as an alleged offender to any law enforcement professional who arrests you. Tell the police that you will not say anything until you talk to an experienced attorney. Even if you are innocent, the charges won’t be dropped no matter what you say to the police. In fact, the situation could be made worse.
While you are presumed innocent of a sexual abuse charge until proven guilty, there is considerable prejudice against the accused in these cases. You need to contact an experienced sexual assault defense legal team immidately and ask for a free case evaluation.
If you or anyone you know has been charged with sexual assault or sexual battery in Miami, it is crucial that that individual consult with a qualified and experienced criminal defense attorney. Sexual assault and sexual battery cases are highly technical and must be defended early in the process and likely will result in a trial. Former Miami State Attorney Julian Stroleny has defended these types of cases, as well as countless others. Due to the severity of the potential consequences, it is important to take advantage of the free consultations for all potential clients who have been arrested and charged with a felony or misdemeanor offense in Miami or elsewhere in Florida. Call now for your free consultation, (305) 6125-1285.
