Penalties for Conviction of Sexual Battery in Florida
It’s been estimated that only around 10% of all reported sex crimes in Florida ever make it to trial, but of that 10%, the number of cases that lead to a conviction is a much higher percentage. For those who are convicted of sex crimes in the state of Florida, the penalties can be detrimental.
In this brief article, a sexual battery lawyer in Tampa with our team at The Rickman Law Firm shares a few of the penalties you might face if convicted of sexual battery in Florida and how to defend yourself if you’re facing these charges.
What is Sexual Battery?
Under Florida law, sexual battery has a broad legal definition. In layman’s terms, sexual battery is what most people would refer to as “rape”. However, under Florida law, the crime covers any offense that is sexual in nature from rape to assault to deliberately and inappropriately touching another person without their consent. In other words, sexual battery is classified as the physical act of making offensive and unwanted contact with a person.
Sexual battery is a felony, and in some cases, depending on the age of the victim and whether or not any injuries were incurred as a result of the sexual battery, it is considered a capital crime and called capital sexual battery.
Penalties for Sexual Battery in Florida
There are a few penalties that all sexual battery charges have in common, these include:
- Being required to register as a sex offender
- Fines
- Imprisonment
What varies between cases is the amount of time for a prison sentence and fines that must be paid.
- If the victim is 18 or older: Florida uses minimum statutory sentences, with the minimum sentence for sexual battery against a person 18 or older at 34.5 months (nearly 3 years). In this scenario, the maximum sentence is 30 years imprisonment, 30 years of probation and $10,000 in fines.
- If the victim is 12 or younger: If one commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of someone younger than 12 years old, he or she is guilty of a life felony. The minimum sentence for this is life imprisonment without parole.
- If the victim is between 12 and 18: If the victim is under 18 years of age but older than 11, the mandatory minimum sentence is for 108 months imprisonment with a maximum sentence of life imprisonment. Fines may also be imposed of as much as $10,000.
There are additional circumstances that may factor into the punishment. For example, if it was an aggravated sexual battery, you may be facing a more harsh punishment. If the victim’s organs were injured, or if it was an aggravated sexual battery against a minor, you’ll be facing steep jail time at minimum.
Further, if the sexual battery occurred on federal property, or included the crossing of state lines, you may be facing federal charges and will need a federal defense lawyer in Tampa to help.
How to Defend Against Sexual Battery Charges
Before you begin thinking about punishments for sexual battery, you should think about hiring an attorney who will help you understand the right defense for your unique situation. If you’ve been charged in a sexual battery crime, contact a sexual battery lawyer in Tampa with The Rickman Law Firm to find an attorney today.
For a free consultation with a sexual battery lawyer in Tampa, please contact The Rickman Law Firm today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.