Sexual Battery AttorneysKissimmee

Sexual battery, more commonly referred to as rape, is the non-consensual act of orally, vaginally, or anally penetrating another person with a sexual organ or another object. Sexual battery is aggressively prosecuted as a felony charge. Sentencing guidelines are based on a series of factors, such as the respective ages of the victim and the defendant, whether any weapons were threatened or used during the attack if the victim is physically or mentally incapacitated, and the extent of injuries suffered by the victim. These aggravating circumstances enhance the charges and sentences of an individual who commits sexual battery.

Perez LaSure Law: Proven Strategies for a Strong Legal Defense

If you are charged with sexual battery, you need experienced legal counsel to represent you through this complex and high-stakes case. The sexual battery lawyers in Kissimmee, Fl. at Perez LaSure Law can provide the support, guidance, and strategies you need during this challenging time. Our attorneys have the tenacity it takes to combat sexual battery claims, presenting the facts of the case while preserving your rights throughout the process.

What Constitutes Consent?

Under Florida Statute 794.011, consent “means intelligent, knowing, and voluntary consent and does not include coerced submission. Consent shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.” Florida law does not recognize consent as a defense when a child is under 12 years of age.

Charges for Sexual Battery Crimes

  • Capital Sexual Battery: Many believe that capital punishment in Florida is only for the crime of murder. However, when someone 18 years or older engages in sex with a minor under 12 or attempts to commit sexual battery, seriously injuring the child’s sexual organs, they commit the capital crime of sexual battery.
  • Life Felony: When a person less than 18 years of age commits sexual battery on a minor less than 12 years old or attempts to commit sexual battery, causing injuries to the child’s sexual organs, they have committed a life felony.A person who commits sexual battery on a minor 12 years of age or older and uses or threatens to use a weapon or uses physical force causing serious personal injury has committed a life felony.
  • First-Degree Felony: When a person 18 years of age or older commits a sexual battery on a minor who is 12 years or older, they have committed a first-degree felony.When a person 18 years of age or older commits a sexual battery on a person 18 years or older, they have committed a first-degree felony.A person younger than 18 years of age who commits sexual battery upon a person 12 years or older commits a first-degree felony.
  • Second-Degree Felony: When a person 18 years of age or older commits sexual battery on a person 18 years or older, not using physical force and violence likely to cause serious personal injury, they have committed a second-degree felony.When a person younger than 18 years of age commits sexual battery on a person 12 years or older, and they do not use physical force and violence likely to cause serious personal injury, they have committed a second-degree felony.

Perez LaSure Law: Dedicated to One Client at a Time

Sexual battery cases require rigorous and detailed individual attention. Our team of skilled legal professionals has the resources needed to investigate your case and provide you with a strong defense to obtain the most favorable outcome.

Unfortunately, many innocent people are wrongly accused of sex crimes, and others encounter exaggerated charges. Let us review the facts of your case and develop an aggressive defense to help you fight the charges against you. Our legal team has represented many clients in high-stakes, high-profile cases, including persons facing capital crimes.

If you or a loved one has been arrested, contact the sexual battery attorneys in Kissimmee at Perez LaSure Law for a consultation to discuss your legal options and rights. Contact us at (407) 204-9917. We believe that everyone is innocent until proven guilty.

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