The victim is coerced into submission by threats to retaliate against the victim or any other person. The crime of Sexual Battery on a Child Under 12 by a person 18 or older is a Capital Felony and known as Capital Sexual Battery. This type of battery is considered a capital offense because the victim must know the offender as a familial or custodial guardian. Contact a Miami sex crime defense lawyer from the firm at once if charged with capital sexual battery. Punishment for the felony is up to life in prison. 110 SE 6th St #1713. Today, we are going to talk about a very important aspect of Florida's Criminal Law. Being charged with a sexual battery offense means that the alleged offender is being accused of performing a contact of sexual nature without the other person's consent. It is also important to understand that per Florida Statute 794. I heard you say something about a life sentence. Appeal from the Circuit Court for Hillsborough County; Diana M. Allen, Judge. This is a crime in which an individual 18 years or older has sexually battered another person who is 12 years or younger.
In addition to sexual battery and aggravated sexual battery, other charges under Florida law include: - Capital Sexual Battery — having oral, anal, or vaginal contact with a child under the age of 12, regardless of consent. "Mr. Mirer the best attorney all around, very respectful, a humble person, open minded and well respected. " Sexual Battery and Children. Some aggravating circumstances for sexual battery may include: - The perpetrator was (or the victim believed he was) in a position of authority such as law enforcement officer, teacher, parent, guardian, etc. An experienced sexual battery attorney will investigate the claims, gather information and present a convincing argument to clear your name. When accused of a sex crime, the best things a person could do are: - Do not talk to the police without a lawyer: after being arrested, a person has the right to remain silent and the right to counsel. Getting arrested and charged with sexual battery in Florida is nothing short of a nightmare. Aggravated Sexual Battery on Person 18 or Older. Sexual Battery Likely to Cause Serious Personal Injury.
He proudly holds the Martindale-Hubbell AV Rating, as well as being recognized as a Top 100 Trial Lawyer (2013), in the Nation's Top One Percent of attorneys (2015), and as a 10 Best Member of the American Institute of Criminal Law Attorneys (2015). Relatedly, you might be falsely accused by someone who has a vendetta against you. Florida's rape statute was amended in 1974. 04 defines lewd sexual battery as acts such as touching a victim in a vulgar way when they are under 16 years old or soliciting a person to commit a sensual act. 957 (1991); Solem v. Helm, 463 U. What Are the Punishments for Capital Sexual Battery? With the attorneys at Valiente, Carollo and McElligott PLLC in your corner, you can rest assured that we will never stop fighting for you. Per Florida Statutes § 784. Penalty: failure to register as a sexual offender in the state of Florida is considered a felony of the third degree, which is punishable by up to five years imprisonment and up to $5, 000 in fines. Furthermore, you cannot expunge a conviction of this crime from your record. Therefore, during the trial, the reason we won was simply that, 1) we had psychology in our favor by how we picked the jury, and 2) this was a case where a SODDIT defense worked because we knew that there were going to be series of witnesses testifying about what the children had said.
A convicted sex offender can after 25 years. Help yourself and call one of our eight offices today - 866-608-5529! Mr. Gibson tries to equate the repositioning of attorneys in the public defender's office to a circumstance in which there is a substitution of counsel immediately preceding trial. See Harmelin, 501 U. at 998-99. Mr. Olson graduated from the University of Florida's Fredric G. Levin College of Law in 1981 and has been a member of the Florida Bar since 1983. Let's take a closer look at what constitutes sexual battery in Florida and what you could do if you are accused. Law Offices of Greg Rosenfeld knows this. The mother asked her daughter if anything similar had ever occurred to her. Sexual Assault & Sexual Violence. And if you have been watching my videos, at this point, you know I firmly believe that superhero lawyers do not exist and that the modern way to defend any kind of case is with a litigation team because the system is the secret, not some individual lawyer's ego. Throughout your case, we will make sure that your rights are upheld and that your best interests are fought for. The victim is unknowingly drugged. 11, anyone 18 years of age or older who commits sexual battery against a person 12 years of age or younger, or who injures the sexual organs of a child under the age of 12 by attempting to commit sexual battery, is guilty of capital sexual battery. Aggravated Sexual Battery: Sexual Battery charges may be enhanced to Aggravated Sexual Battery when the basic elements for sexual battery are met and aggravated circumstances also exist.
The victim is unknowingly and without consent drugged so that they are mentally or physically incapacitated. If you have further questions about sex offenses generally, feel free to give me a call. Part of the elements of this serious offense is injury to the sexual organs. Above all, we believe that anyone accused of sexual battery is innocent until proven guilty.
See Moran v. Burbine, 475 U. S. 412, 422 (1986); Brookins v. State, 704 So. The accused cannot claim as a defense that he was unaware of the victim's age. Providing a statement without the presence of an attorney, could be detrimental to your case. It can include committing battery against or injuring the sexual organs of the victim. Consent under Florida law means knowing, intelligent and voluntary consent – not coerced submission. 584 (1977), the Supreme Court addressed the issue of the constitutionality of the death penalty for the rape of an adult woman.
Sexual Battery with a Deadly Weapon — non-consensual oral, anal, or vaginal contact with another person through the use, or threatened use, of a deadly weapon. Luring or enticing a child. However, the penalties for these offenses depend on the accused's past criminal record, the age of both the victim and the offender and the presence of aggravating circumstances. Throughout the state of Florida, there are thousands of reported sexual assaults: - There are about 1. This is so in part because we have applied the rule in few cases and even then to sentences of different types. False allegations of sexual battery or rape are increasingly common in Florida and one of the primary reasons people find themselves accused of sexual battery or rape. Florida requires that all sexual offenders be registered and continually maintain that information by updating any changes within 48 hours. The statute defines the definition of sexual activity as generally involving touching or penetrating sexual organs. You are urged to contact the firm without delay if you are seeking a high quality defense attorney with exceptional trial skills. 011, this non-consensual act consists of any anal, oral or vaginal penetration of another by any other object.
Now, if someone is found guilty at trial, the minimum sentence is life in prison. An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree. See State v. Conte, 516 So. These are very difficult cases. Attorney Michael Mirer formerly served as an Assistant State Attorney for Miami-Dade County, where he prosecuted all levels and types of crimes. Of course, the strongest defense is to have an alibi — you were not at the scene when the crime occurred. Additionally, if the person accused of sexual battery was a guardian or custodian of the child, the defense can show that the vaginal or anal penetration by an object was for a bona fide medical reason. Make a list of potential witnesses: in addition to the collected evidence, you should also identify possible witnesses that can provide favorable information about the incident. However, this law excludes penetration by objects for bona fide medical reasons. A charge of sexual battery could involve several versions of events, or conflicting reports about what actually occurred. Applying these objective criteria, we conclude that life imprisonment is a proportionate punishment for the offense of sexual battery and does not constitute cruel or unusual punishment. These concerns, however, are matters for consideration by the legislature and do not affect this court's constitutional analysis. If the prosecution cannot prove penetration, it has to prove injury to the sexual organs of the victim and that the accused intended to commit sexual battery.
I hope it is not a mandatory life sentence. Call us today for a free case review.