Sexual Battery & Assault Lawyer in Fort Lauderdale

Experienced Defense from a Sex Crime Defense Attorney

Under Florida law, the penalties for sexual battery and sexual assault will vary depending on the ages of the alleged victims and the accused individual. This type of sex crime is considered a felony. It will take a seasoned criminal defense team to help you make sense of the charges and fight to protect you from the penalties that come along with them. Call our team for the defense you need.

Sexual Battery & Assault Laws & Penalties in Florida

Sexual battery encompasses rape, groping, and other forms of unwanted, sexual touching. The prosecution must prove that the defendant vaginally, anally, or orally penetrated the victim with a sexual organ or object—without the victim’s consent.

The following are the penalties for sexual battery in Florida:

  • If an adult (at least 18 years of age) commits sexual battery on a victim under 12 years old – The defendant can be charged with a capital felony, which carries either the death penalty or life imprisonment without the possibility of parole.
  • If a person under 18 years old commits sexual battery on a victim under 12 – The defendant can be charged with a life felony, punishable by a prison sentence between 30 years and life.
  • If a victim is more than 12 years old – The defendant can be charged with a second-degree felony, which carries a maximum 15-year prison term.
  • If a victim is over 12 years old and the offense involves coercive acts or threats – The defendant can be charged with a first-degree felony, which carries a maximum 30-year prison sentence.
  • If the offense involves a deadly weapon or a victim suffers a serious injury – The defendant can be charged with a life felony.

A conviction for each offense can also result in a maximum $10,000 fine and registration as a sex offender—possibly for the rest of the defendant’s life. Sex offender probation, in addition to mandatory sex offender registration, will be required of anyone convicted of this type of criminal offense. This is an unfortunate stain on one’s record that can no doubt, have negative effects on a person’s life for the rest of their lives.

Legal Defenses to Sexual Battery

There are three main defenses to sexual battery in Florida: consent, false accusations, and coerced submission.

If the alleged victim knowingly and voluntarily consents to sexual activity (unless he/she cannot legally provide consent due to age), the defendant cannot be convicted of sexual battery.

If the alleged victim made false accusations due to fear of being caught in an affair, jealousy, mental illness, or manipulation by a parent, the defendant cannot be convicted of sexual battery.

If the alleged victim did not fear of his/her life and safety, or the life and safety of a loved one, the defendant cannot be convicted of sexual battery. The defendant needs to use force, intimidation, or threats to commit the act.

Get Defense Now! Call Hager & Schwartz, P.A.

Ultimately, it will be up to the jury to look at the circumstances and determine what really should be the outcome. That is where a defense attorney steps in.

We oversee your case and work tirelessly to ensure that your reputation is not diminished in the courtroom. Our Fort Lauderdale sex crime defense attorneys have more than three decades of experience doing this. This is how we have risen to become one of the most prominent firms in the Broward County and surrounding areas.

Bring your case to us now! There is not a moment to spare, so be sure you contact us to see how we can help advocate for you today.

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  • Hager & Schwartz, P.A. "He fought for the result we wanted"
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