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Sexual Battery & Rape Crimes in Florida

Defense That Never Rests

In Florida, a person accused of sexual battery, or rape, will face harsh criminal penalties. Although the situations constituting sexual battery vary, the crime is always one of the most severely punished felonies. The penalties can escalate dramatically due to specific details of the alleged sexual battery incident. The severe penalties are not limited to lengthy periods of incarceration but also involve lifelong sex-offender registration.

Do you need to protect yourself from sexual battery allegations or charges? Act now by calling (561) 902-1122 and speaking with our West Palm Beach sexual battery defense lawyer at the Law Offices of Greg Rosenfeld, P.A. Backed by extensive legal experience and a track record of results, Attorney Greg Rosenfeld is well-equipped to hear your case, construct a defense strategy, and challenge the accusations against you.

Contact our firm now to request a FREE case evaluation!

What Constitutes Sexual Battery in Florida?

Generally, sexual battery occurs when a person has nonconsensual sex with another individual. Florida Statute § 794.011 defines sexual battery as oral, vaginal, or anal penetration by the alleged offender's sex organ or an object without that person’s consent.

The statute enumerates various enhancements for sexual battery, such as when force or coercion was used, the victim was younger than 12 years of age, or the offense occurred under other aggravating circumstances.

What Are the Penalties for Sexual Battery in Florida?

Sexual battery charges range from a second-degree to a life felony. The level of charge and resulting penalties depend on the facts of the case.

Sexual battery is a second-degree felony in the following situations:

  • The alleged offender and the victim were 18 years of age or older and no physical force or violence was used.
  • The alleged offender was under 18 years of age and the victim was 12 years of age or older and no physical or violence was used.

In Florida, second-degree felonies are penalized by up to 15 years in prison and/or up to $10,000 in fines.

In the following situations, sexual battery is a first-degree felony:

  • The alleged offender was 18 years of age or older and the victim was 12 years of age or older but under 18 years of age, and in the process does not use physical force or violence likely to cause serious bodily injury;
  • The alleged offender was under 18 years of age and the victim was 12 years of age or older; or
  • The alleged offender and victim were 18 years of age or older; and
  • Any of the following circumstances were present:
    • The victim was physically incapable of resisting,
    • The offender threatened to use force or violence that would cause serious injury,
    • The offender threatened to retaliate against the victim or any other person,
    • The alleged offender gave the victim an intoxicant making them unable to resist,
    • The offender knew or should have known that the victim was mentally defective,
    • The victim was physically incapacitated, or
    • The victim was a police officer, correctional officer, or probation officer.

First-degree felonies are punishable by up to 30 years’ imprisonment, 30 years of sex offender probation, and/or up to $10,000 in fines.

Sexual battery is a life felony when:

  • The alleged offender was less than 18 years of age and the victim was under 12 years of age.
  • The alleged offender used or threatened to use a deadly weapon or used actual physical force likely to cause serious personal injury and the victim was 12 years of age or older.
  • The alleged offender was 18 years of age or older and the victim was 12 years of age or older but under 18 years of age; and
  • Any of the following circumstances were present:
    • The victim was physically incapable of resisting,
    • The offender threatened to use force or violence that would cause serious injury,
    • The offender threatened to retaliate against the victim or any other person,
    • The alleged offender gave the victim an intoxicant making them unable to resist,
    • The offender knew or should have known that the victim was mentally defective,
    • The victim was physically incapacitated, or
    • The victim was a police officer, correctional officer, or probation officer.

A life felony is punishable by life imprisonment, lifelong sex offender probation, and/or a $15,000 fine.

Sexual battery is a capital felony when the alleged offender was 18 years of age or older and the victim was under 12 years of age.

Capital felonies are penalized by life imprisonment without the possibly of parole.

As with any serious sex crime, a person convicted of sexual battery will be required to register as a sexual offender or sexual predator for the remainder of his or her life. Mandatory sex offender registration is sometimes the most damaging consequence of a sexual battery conviction, as it can rapidly remove educational, employment, and residential opportunities.

Defend Your Rights with an Award-Winning Attorney

Attorney Greg Rosenfeld is renowned throughout Florida for his skills, professionalism, and client dedication. He has been honored with numerous accolades and memberships throughout the years, including being selected to the Florida Rising Stars list and receiving an AV Preeminent® 5/5 rating by Martindale-Hubbell®. If you are accused of sexual battery, you cannot risk your future with an attorney less accomplished than Greg Rosenfeld.

Get our West Palm Beach sexual battery defense attorney in your corner. Contact us at (561) 902-1122 right away!

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  • Past President of the Palm Beach Association of Criminal Defense Lawyers
  • AV Preeminent 5.0 out of 5.0 rating on Martindale-Hubbell
  • Avvo 10.0 Superb Rating for Criminal Defense & Clients' Choice Award 2016 - 2019
  • Selected for Super Lawyers Rising Stars 2016 Through 2021
  • 10 Best for Client Satisfaction by the AICLA
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