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What is Sexual Battery
Sexual battery, is a form of sexual assault, involving non-consensual sexual contact, without penetration. It’s considered a serious crime, punishable by imprisonment, fines, and sex offender registration. But, take a deep breath, we’ll guide you through this, step-by-step.
Contents
Understanding Sexual Battery
Sexual battery, is defined as intentionally touching another person’s intimate body parts, without consent, for sexual gratification, arousal, or abuse. Intimate parts, include genitals, anus, groin, buttocks, and female breasts.The key elements, are:
- Intentional touching of intimate areas
- Without the victim’s consent
- For sexual purposes
Consent, is crucial. It must be freely given, by someone with the mental capacity to do so. Consent, cannot be obtained through force, threats, or when the victim is incapacitated.Examples, of sexual battery include:
- Groping or fondling
- Forced kissing
- Making someone touch your intimate areas
It’s simple. Every single client deserves honesty and white glove service. At Spodek Law Group, we leave no stone unturned. We do everything possible to win. Everything we do is focused on getting you results.
Degrees and Penalties
Most states, categorize sexual battery as either a misdemeanor or felony, based on circumstances.Misdemeanor sexual battery, often carries up to 1 year in jail, and fines up to $2,000-$5,000.Felony sexual battery, involves aggravating factors like:
- Use of force/weapons
- Victim is a minor
- Victim has a disability
- Prior convictions
Felonies, can result in 2-10+ years in prison, higher fines up to $10,000+, and mandatory sex offender registration.Some states, have degrees of sexual battery, with harsher penalties for higher degrees. For example:
- 1st Degree: Up to 25 years in prison
- 2nd Degree: Up to 15 years
- 3rd Degree: Up to 5 years
The penalties, vary significantly by state. An experienced attorney, can fight for the best possible outcome in your case.
Defenses for Sexual Battery
There are, several potential defenses against sexual battery charges:
Consent
If, you reasonably believed the victim consented, you may have a valid defense. However, consent requires capacity, and cannot be coerced.
Mistaken Identity
If, the accused was misidentified, an alibi or other evidence could prove innocence.
Lack of Sexual Intent
Some states, require specific intent for sexual gratification. If the touching was accidental or non-sexual, this could negate the charge.
False Accusations
Unfortunately, false allegations do occur, often motivated by revenge or custody disputes. An attorney, can investigate and challenge such claims.The strength, of any defense depends on the specific facts of the case. An experienced lawyer, can evaluate all possible strategies.
Hiring a Lawyer
If accused, of sexual battery, hiring a skilled criminal defense attorney is crucial. They can:
- Investigate the allegations
- Challenge the prosecution’s evidence
- Negotiate for reduced charges/penalties
- Represent you at trial if needed
The consequences, of a conviction are severe – potential jail time, fines, and being labeled a sex offender. With so much at stake, you need an aggressive legal advocate on your side.At Spodek Law Group, our team has extensive experience defending sexual assault cases. We understand, how to build a strong defense strategy tailored to your unique situation.Sometimes prosecutors will only be fair if you respond with force to them. Without an attorney advising you, you might accidentally plead guilty when you could’ve won the case. The only way to truly know is to hire a private criminal defense attorney.