Florida Sex Lawyers maintain that sexual battery or rape is a very serious crime in Florida. If you are accused of this crime, you could be looking at life felony charges or even the death sentence if the alleged victim is less than 12 years old. Sexual battery is defined under Florida statutes to mean penetration by the perpetrator’s sexual organ or an object, of the alleged victim’s vagina, anus, or mouth, without the consent of the victim. If the victim is a minor than the law deems the person incapable of giving consent to such an act, and hence even consensual sex with a minor is considered rape.
If you are being accused of sexual battery, you should immediately contact a Florida Sex Lawyer and remain silent until the advocate arrives. It is possible for the detective to misconstrue your statements and use them against you at the trial. Hence, it is important to answer only the questions that your attorney thinks are appropriate.
Asking for an attorney is no way detrimental for your case, and if you have asked for one, it cannot be used against you in any way during your trial. “In the event you are told of the sexual battery accusation before the officer makes an arrest, you can immediately hire an attorney, as the attorney can help in uncovering certain evidence that can work in your favor and even stop the arrest. If the detective is going to make an arrest, your attorney can work out the surrender terms, and can negotiate a favorable bond amount during the first appearance that has to take place within 24 hours of the arrest. –James Weick Florida Sex Lawyer
After the Arrest, typically the public prosecutor from the State Attorney’s office will have to file formal charges against you, within 21 days of your arrest. This time is also crucial for having a criminal defense attorney, who will be able to present evidence in your favor to the prosecutor, provide the prosecutor with contact information of favorable witnesses, and point out the issues that may exist in the case presented by the prosecutor. “Based on whatever is presented by your attorney, the prosecutor will then take a decision to either file charges or not file any charges against you. If your attorney has managed to convince the prosecutor with witnesses and other aspects that the case against you is very weak, there is a chance that charges may not even be filed” according to most Florida Sex Lawyers.
If you are in a familial or custodial position of authority in relation to the alleged victim, then you cannot use the victim’s willingness or consent as a defense for the sexual act, even if the alleged victim is a major. Secondly, even if the victim reasonably believes that you are in a position of authority or control, the argument of consent cannot be used. “Every case has its own framework”-Jim Weick FL Attorney
Each case of sexual battery is unique, as there will be different circumstances surrounding the case, which can make proving innocence quite complex. An experienced defense attorney can investigate all areas of the case and build an effective defense strategy to prove your innocence at the trial.
For more information about our criminal defense lawyers and location of services please visit:
CRIMINAL ATTORNEYS IN FORT LAUDERDALE, for arrests in the Broward County area. Case evaluations cost nothing.
For representation for arrests north of Boca Raton, visit CRIMINAL LAWYERS IN WEST PALM BEACH.