Sexual Battery & Rape Lawyer in Miami

Penalties for a conviction will vary based on a number of factors including the age of the victim, whether the offender used a deadly weapon, the age of the offender, and a number of other relevant factors. Generally, a person convicted of sexual battery or rape will face a maximum sentence of life in prison, depending on what disabilities the victim had, and a minimum sentence of 9 years in prison.

Additionally, if a person is convicted, they would be declared a sexual offender and would be forced to comply with sexual offender registration laws throughout Florida and the United States. Registry as a sexual offender requires frequent reporting of the offender’s personal information, and often prohibits a person’s ability to live in certain areas.

There are two basic defenses for sexual battery or rape:

• Consent, if made intelligently, knowingly, and voluntarily. However, if any force, threat, or intimidation was made toward the accuser which led the accuser to consent to the sexual act, then it will be deemed as coerced submission and cannot be used as a defense.
• False allegations can be used it if can be proven that the accusation was made without credible evidence that the act took place, and if the accuser had sufficient motive to make a false accusation.

Quite often, sexual battery cases come down to whether the accuser or the alleged perpetrator is more credible. It is crucial to hire an experienced Fort Lauderdale rape defense lawyer who can mount a strong defense on your behalf. At The Hoffman Firm, we can review the facts of your case and fight for your rights against the prosecution. We also handle other sex charges, such as child pornography and prostitution.

Penalties for Sexual Battery (Rape)

Under Florida Statute 794.011, a prosecutor hoping to secure a sexual battery conviction must prove beyond a reasonable doubt that you engaged in non-consensual anal, oral, or vaginal penetration or union with someone else's sexual organ. Alternatively, sexual battery can involve anal or vaginal penetration of someone else with an object. Sexual battery penalties are determined according to the offender's age, the victim's age, and the presence of any aggravating circumstances.

Generally, sexual battery or rape is charged as a second degree felony. This means that you can face a maximum of 15 years of imprisonment, 15 years of sex offender probation, and a $10,000 fine. Unless there is a reason to depart downward, a judge must sentence you to at least 94½ months in prison if you are convicted of sexual battery.

However, there are harsher sentences that may be imposed under certain circumstances. Someone who is age 18 or older who perpetrates a sexual battery on someone under age 12 has committed a capital felony. It is a life felony for somebody who is under age 18 to perpetrate a sexual battery on another person. Someone who non-consensually uses a deadly weapon or physical force to force himself onto someone aged 12-18 has committed a first degree felony that can be punished by life imprisonment. In any of these situations, however, a rape defense attorney in Fort Lauderdale may be able to develop a strategy to reduce or defeat the charge.

Aggravated Sexual Battery

You can be charged with aggravated sexual battery if you perpetrate a sexual battery, and there is an aggravating circumstance. Aggravating circumstances can include physical helplessness of the victim, coercion through threats of violence or force that are likely to cause a severe personal injury (if the victim reasonably believed that the perpetrator had the present capacity to follow through on the threat), or coercion into submission through threats of retaliation against the victim or another person (if the victim reasonably believed that the offender had the capacity to follow through on the threats in the future).

Other aggravating circumstances are when a victim has a known mental defect, a victim is drugged without their knowledge or consent, physical incapacitation of the victim, or a situation in which the perpetrator is a law enforcement officer or other authority figure.

Potential Ways to Fight a Charge

You should not assume that you will be convicted. It is crucial to hire a Fort Lauderdale rape defense attorney who can develop a strong defense strategy. Potential defenses against rape charges include arguing that there was consent. If the prosecutor cannot show beyond a reasonable doubt that the sex was not consensual, we may be able to obtain an acquittal or negotiate a plea deal that results in lesser charges. In other situations, it may be appropriate to attack the credibility of the alleged victim.

If you are sentenced to prison for sexual battery, you will be required to serve your whole sentence. You will also be designated as a sex offender or sexual predator, which means that you will need to comply with Florida's registration laws for the rest of your life. Sexual battery by definition involves non-consensual sex, which means that you cannot petition for removal from the registration requirements. This is an important reason why you should fight these charges head-on, since they can affect the rest of your life.

If you reside in Miami call (305) 928-1669 now. If you reside in Broward County call 954-737-3004 now.