Sexual Battery Charges in West Palm Beach

In Florida, rape or sexual assault is called "sexual battery" under the Florida Statutes. Under Section 794.011(h), sexual battery means "oral, anal, or vaginal penetration" through someone else's sexual organ, or through vaginal or anal penetration, or with any object.

The state of Florida comes down hard on people who commit sexual battery and depending upon the age of the victim and the age of the offender, it can be prosecuted as a capital felony, a life felony, a first degree felony, or a felony of the second degree.

Essentially, the worst penalties are reserved for adults over the age of 18 who commit sexual battery upon a child who is under the age of 12. In this case, the offender commits a capital felony.

If the offender is under the age of 18 and he or she commits sexual battery against a child under the age of 12, he or she commits a life felony.

If the offender commits sexual battery against a person who is 12 or older, without the victim's consent, and in the process uses physical force that could cause physical injury, or if they use or threaten to use a deadly weapon, the offender commits a life felony. If physical force and violence was not used against the victim (ages 12 to 17), the offender commits a felony of the first degree.

If the offender is 18 or older and they commit sexual battery upon a person who is between the ages of 12 and 17, and without the victim's consent, they commit a felony of the first degree.

If someone 18 or older commits sexual battery against a victim who is 18 or older, without the victim's consent, the offender commits a felony of the first degree.

If the offender is a minor (under the age of 18), and he or she commits sexual battery against someone who is at least 12 years-old, without the victim's consent, and they do not use physical force or violence, they commit a felony of the second degree.

On the other hand, if the offender is at least 18 years-old and he or she commits sexual battery against someone who is at least 12-years-old, the offender commits a felony of the first degree.

Penalties for Felonies in Florida

As you can see from the information above, the charges are less serious if the offender is under the age of 18. On the other hand, if the offender is 18 or older, the charges are harsher if the victim is under the age of 18.

Sentences for sexual battery are as follows:

• A capital felony is punishable by death or life in prison
• A life felony is punishable by life in prison
• A first degree felony is punishable by up to 30 years
• A second degree felony is punishable by up to 15 years

If you are facing charges for sexual battery in West Palm Beach, you're in a lot of trouble. As a former prosecutor, I understand that sexual battery charges can be based on false accusations and sometimes outright lies, but even so, you can't afford to forgo a strong defense.

For the aggressive defense representation your situation demands, contact me for a free case evaluation!