Sexual Battery

If you or someone you know has been charged or accused of the crime of sexual battery, it is important that you contact an experienced Tampa sexual battery defense lawyer to discuss any defenses.

Sexual battery is defined as vaginal, oral, or anal penetration with the sexual organ of another or an object. Exceptions are only for medical purposes. Sexual battery charges are always felonies, the degree depending on the age of both the victim and the offender and whether force or deadly weapons were used. Our team at Pallegar Law, P.A. is an experienced group of Tama crime attorneys who understand the complexity and the severity of a sexual battery charge.

Sexual battery is a capital felony when the offender is over 18 years old and the victim is under twelve, cannot consent and/or suffers injuries as a result of the crime. This crime is punished by life in prison or the death penalty in the state of Florida. If the offender is under 18 years old and the victim under 12, the crime is a life felony. If the offender uses serious physical force or a deadly weapon on the child, this crime is also punishable by life in prison.

Sexual battery is a first-degree felony when the victim is 12 or older but does not or cannot give consent to the actions because they are mentally or physically incapacitated, or subject to immediate or future injury. Consent is defined as voluntary, ongoing, and informed compliance and acceptance of the action. Consent cannot be given when the victim is physically helpless, in danger of serious injury, mentally incapacitated or defective, or physically incapacitated. If you have been charged with the crime of sexual battery, it is important that you contact an aggressive Tampa sexual battery defense lawyer who can help you fight the charges.

Sexual battery is a first-degree felony when the offender is over 18 and the victim is over 12, does not consent, and no serious physical force is used. This crime is punishable by 15 years in prison. It is also a first-degree felony if the victim is 12 or older and the offender is in a position of authority.

Second-degree felony sexual battery occurs when no serious physical force is used and both the offender and victim are over 18, or both are between the ages of 12-18. It is a third-degree felony for a person in a position of authority to solicit someone to engage in sexual battery with a minor. No matter what you are charged with, Pallegar Law, P.A. is here to help. Contact a knowledgeable Tampa sexual battery defense lawyer in order to explore your option.

The age of consent in the state of Florida is 18, with exceptions for 16 and 17-year olds. A Florida law passed in 2007 was nicknamed the “Romeo and Juliet” law, allowing those who have been convicted of a sex crime to remove their information from the sex offender list. This only applies to those who engaged in consensual sex, the victim being at least 14 years old and the offender no more than 4 years older.

Call Pallegar Law, P.A. at 813-444-3912 (Tampa) or 941-893-5816 (Sarasota) to be connected to our team of experienced sex crime attorneys who can help you or someone you know that has been charged with sexual battery.