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Sexual Battery (Rape)

Sex Crime Attorney Representing Accused Residents of Broward County

Florida prosecutors take accusations of sexual battery seriously. It is an aggressively prosecuted sex crime, and if you are convicted, the penalties can affect you far into the future. Quite often, sexual battery cases come down to whether the accuser or the alleged perpetrator is more credible. It is crucial to hire an experienced Broward County rape defense lawyer who can mount a strong defense on your behalf. At The Hoffman Firm, we can review the facts of your case and fight for your rights against the prosecution. We also handle other sex charges, such as child pornography and prostitution.

Penalties for Sexual Battery (Rape)

Under Florida Statute 794.011, a prosecutor hoping to secure a sexual battery conviction must prove beyond a reasonable doubt that you engaged in non-consensual anal, oral, or vaginal penetration or union with someone else's sexual organ. Alternatively, sexual battery can involve anal or vaginal penetration of someone else with an object. Sexual battery penalties are determined according to the offender's age, the victim's age, and the presence of any aggravating circumstances.

Generally, sexual battery or rape is charged as a second-degree felony. This means that you can face a maximum of 15 years of imprisonment, 15 years of sex offender probation, and a $10,000 fine. Unless there is a reason to depart downward, a judge must sentence you to at least 94½ months in prison if you are convicted of sexual battery.

However, there are harsher sentences that may be imposed under certain circumstances. Someone who is age 18 or older who perpetrates a sexual battery on someone under age 12 has committed a capital felony. It is a life felony for somebody who is under age 18 to perpetrate a sexual battery on another person. Someone who non-consensually uses a deadly weapon or physical force to force himself onto someone aged 12-18 has committed a first-degree felony that can be punished by life imprisonment. In any of these situations, however, a rape defense attorney in Broward County may be able to develop a strategy to reduce or defeat the charge.

Aggravated Sexual Battery

You can be charged with aggravated sexual battery if you perpetrate a sexual battery, and there is an aggravating circumstance. Aggravating circumstances can include physical helplessness of the victim, coercion through threats of violence or force that are likely to cause a severe personal injury (if the victim reasonably believed that the perpetrator had the present capacity to follow through on the threat), or coercion into submission through threats of retaliation against the victim or another person (if the victim reasonably believed that the offender had the capacity to follow through on the threats in the future). Other aggravating circumstances are when a victim has a known mental defect, a victim is drugged without their knowledge or consent, physical incapacitation of the victim, or a situation in which the perpetrator is a law enforcement officer or other authority figure.

Potential Ways to Fight a Charge

You should not assume that you will be convicted. It is crucial to hire a Broward County rape defense attorney who can develop a strong defense strategy. Potential defenses against rape charges include arguing that there was consent. If the prosecutor cannot show beyond a reasonable doubt that the sex was not consensual, we may be able to obtain an acquittal or negotiate a plea deal that results in lesser charges. In other situations, it may be appropriate to attack the credibility of the alleged victim.

If you are sentenced to prison for sexual battery, you will be required to serve your whole sentence. You will also be designated as a sex offender or sexual predator, which means that you will need to comply with Florida's registration laws for the rest of your life. Sexual battery by definition involves non-consensual sex, which means that you cannot petition for removal from the registration requirements. This is an important reason why you should fight these charges head-on, since they can affect the rest of your life.

Hire a Rape Defense Lawyer in Broward County

It may be difficult for people who must register as sex offenders to rent a house, get a professional license, or even find a job. Thus, if you are accused of rape, it is important to seek experienced legal counsel right away. If you are facing charges of sexual battery or another sex crime, such as solicitation of a prostitute or indecent exposure, you should consult The Hoffman Firm. We represent defendants in the areas around Fort Lauderdale, Sunrise, Pembroke Pines, Deerfield Beach, Plantation, and Davie. Call us at (954) 524-4474 or use our online form to set up a free consultation.

Client Reviews
★★★★★
I found myself in an unfortunate situation. A fried gave me evan' s personal number and we spoke for over an hour. I felt so reassured and grateful for his time. Needless to say I write this review with great pleasure. A call to thank evan would not be justified as I want anyone who ever finds themselves in my situation to know who to call. Thank you evan I cannot say enough good things about you. Edwin
★★★★★
I was arrested wrongfully and the police would not listen to my story. Evan contacted the state attorney and got all the charges dismissed. I was in danger of losing my job but thankfully Evan and his staff did am amazing job. It's easy to trash an attorney these days but thankfully there are lawyers like Evan who actually care about their clients. John
★★★★★
Great results all the way around from begin to end and the end was in my favor thx again for great service and results Larry