South Florida Sexual Battery Lawyer

Although assault and battery are commonly termed together, they are two different violations. On the one hand, assault is defined as an intentional act to cause another person to fear that they are about to suffer physical harm. In this case, assault charges can be filed even if the victim is not physically harmed. On the other hand, battery refers to the unjustified, harmful touching of another.

 

Having one charge without the other is possible. However, in most cases, an assault is followed by a battery. Each state follows different classifications on how to charge assault and battery cases, which is why working with attorneys who specialize in criminal defense as well as personal injury is imperative to navigate the complexities that an assault and battery case entitles.

 

At LJ Law Group, our defense team is well versed in assault and battery cases in South Florida to help guide you through the process of fighting for your rights.

In the state of Florida, all assaults of a sexual nature are considered sexual battery. If you have been accused of sexual battery, or are facing any type of sexual battery charges, you need to know how important it is to your future and your freedom to handle the situation properly. One of the easiest ways to give yourself the best chance at an effective defense is to contact a leading criminal defense law firm in South Florida, like LJ Law Group.

A qualified attorney will be familiar with the various tactics and common evidence types that may be used against you and will know how to build a strong and effective defense. Without the help of a skilled criminal defense lawyer in South Florida, you could be facing some incredibly serious consequences. Considered one of the most serious crimes, being convicted on charges of sexual battery can lead to lengthy prison sentences, huge fines, losing your job, and possibly having to register as a sex offender for the rest of your life.

How Florida Law Defines Sexual Offences

The state of Florida has legislated in 794.011 that sexual battery encompasses a wide variety of conduct and many different acts. Charges can be brought against you for engaging in sexual contact with an intoxicated person. The law in Florida states that a person is automatically deemed temporarily mentally incapacitated while under the influence of drugs or alcohol. As such, they are unable to make a decision regarding consent.

In addition to intoxicated individuals, engaging in sexual contact with anyone who has not or cannot give explicit consent, like persons with mental disabilities, or that are under a certain age, can also result in facing charges of sexual battery. It is worth noting that intercourse does not need to take place in order for charges of sexual battery to be laid.

The law also states that charges of sexual battery may be applied where consent was manufactured through threats or coercion. The threats do not have to be violent but may include threats of retaliation in order to secure consent for sexual activity. This can also be the case if there are threats made against another person, rather than the person being pressured for consent.

Another form of sexual battery is statutory rape. This is when someone over 18 engages in sexual activity with someone under the age of 18, as someone under 18 cannot legally provide consent. There are exceptions to this if one party is younger than 23, and the other party is no younger than 16.

Why Choose LJ Law Group?

If you have been accused of some form of sexual assault and charged with sexual battery, the first thing you should do to protect your rights and possibly even your freedom is to contact an experienced criminal defense firm in South Florida like LJ Law Group. We have the skills you need to formulate a strong defense that will give you the best chance at winning your case. Contact us today.

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