Call Us 24/7: (772) 489-8501
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Call Us 24/7: (772) 489-8501
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Saint Lucie Sexual Battery Lawyer

Get Immediate Help for Your Sexual Battery Charges

Call Us 24/7: (772) 489-8501

Over 40 Years Combined Experience

Serving Fort Pierce, Stuart, Vero Beach, Port St. Lucie, Indian River County and Martin County

Getting Arrested

Sexual battery crimes are among the most serious offenses charged in Florida. Also known as rape, sexual battery carries severe penalties. If you are convicted of this offense, you could face a sentence to spend up to the rest of your life in prison. In some cases, sexual battery prosecutions are based solely on accusations made by alleged victims with little if any other evidence. For reasons such as this, it’s important to hire a Saint Lucie sexual battery lawyer.

Harshest Penalties in Florida

You should never take charges of sexual battery lightly even if you think the evidence is weak or that you are innocent. Wrongful convictions sometimes happen, and juries can convict people of crimes even when the evidence isn’t strong. You should reach out to an experienced Port Saint Lucie sexual battery lawyer at Kirschner & McEnery Law as soon as possible after you have learned of your charges or the accusations against you.

Local Attorneys

Our Saint Lucie criminal defense lawyers believe that everyone has the right to present the strongest possible defense when they are accused of crimes, and we’ll work hard to achieve the most favorable outcome for you. Our attorneys have a combined total of decades of experience successfully defending people charged with all types of criminal offenses and have amassed numerous wins for our clients. When you’re facing charges of sexual battery, your liberty is at significant risk. Contact a Saint Lucie sexual battery lawyer today to learn about your legal options and the defenses we might raise against your charges.

What Is Sexual Battery in Florida?

The crime of sexual battery is codified in § 794.011, Fla. Stat. 2022 and is defined in subsection (j) of that statute. Under the law, sexual battery occurs when a person penetrates the vagina, anus, or oral cavity of a victim with the person’s sexual organ or an object without consent. Under subsection (5)(b), when someone age 18 or older commits sexual battery against someone who is also 18 or older without physical force or violence but without the victim’s consent, it is a second-degree felony carrying a maximum of 15 years in prison and a $10,000 fine. However, certain circumstances can lead to enhanced penalties when they are present as detailed by our Saint Lucie sexual battery lawyer below.

Factors Leading to Aggravated Sexual Battery Charges

A person’s sexual battery charges can be aggravated when they penetrate another person’s anus, vagina, or oral cavity with their sexual organ or an object when certain aggravating factors are present. The following factors can result in aggravated sexual battery charges:

  • Victim who is physically incapable of resisting
  • Defendant used threats of force or violence that they could reasonably carry out and would result in serious injury
  • Victim has a mental defect that the defendant knew about
  • Defendant drugged the victim and incapacitated them without their knowledge or consent, preventing them from resisting
  • Defendant threatened retaliation against the victim to force them to submit
  • Victim is physically incapacitated and unable to resist
  • Defendant is a law enforcement or corrections officer or another person in a position of authority over the victim or someone who the victim reasonably believes has authority over them

If one of the above-listed factors is present, the charges will be aggravated and will carry harsher penalties.

Committing Sexual Battery While Using a Deadly Weapon

When a defendant uses a deadly weapon while committing sexual battery against a victim, they can face enhanced charges. This offense carries more severe penalties than a standard sexual battery charge.

Sexual Battery Committed Against a Child Younger Than 12

Sexual battery against a child younger than 12 is a very serious offense. It can be charged as a capital felony or a life felony, depending on the age of the perpetrator.

Capital Sexual Battery Against a Child Younger than 12

Sexual battery committed against a child younger than 12 is a capital felony when the defendant is 18 or older. It is also a capital crime when a defendant is 18 or older and attempts to commit sexual battery on a child younger than 12 and injures the victim’s sexual organs during the attempt.

Sexual Battery Committed in a Way That Is Likely to Result in Serious Injury

A sexual battery that is likely to result in serious bodily injury occurs when the defendant uses physical force while committing the crime, and the force used is of a nature that is likely to cause serious bodily injury.

Penalties for Sexual Battery Offenses

The penalties for all types of sexual battery crimes are severe and can range from a second-degree felony up to a capital felony. The penalties are detailed below.

Penalties for Sexual Battery Without Aggravating Factors: Sexual battery committed by a person 18 or older against another person 18 or older without the presence of aggravating factors is a second-degree felony in Florida. This crime carries a maximum sentence of 15 years, a $10,000 fine, and sex offender probation for 15 years. Since it is a level 8 offense under Florida law, the minimum sentence of incarceration is 7 years and nine months, and two years of sex offender probation.

Penalties When the Victim is 12 to Less Than 18: When the victim is 12 or older but less than 18, and the defendant is 18 or older, the charge of sexual battery will be aggravated to a life felony. This offense carries a maximum sentence of life imprisonment, probation as a sex offender for life, and a $10,000 fine. The minimum prison sentence is nine years, and the defendant will have to serve at least two years of probation following their release from incarceration.

Penalties for Aggravated Sexual Battery With a Victim Who Is 18 or Older: Sexual battery committed against a person who is 18 or older with the presence of one of the previously listed aggravating factors is a first-degree felony. This offense carries a maximum prison sentence of 30 years, probation for 30 years, and a $10,000 fine. As a level 8 offense, the minimum sentence will be 7 years and nine months with two years of sex offender probation.

Sexual Battery Committed by a Defendant Younger than 18 on a Child Younger Than 12: When a defendant under the age of 18 commits sexual battery against a child under the age of 12, it is a life felony carrying a potential maximum sentence of life in prison, lifetime probation as a sex offender, and a $10,000 fine. As a level 9 offense, the minimum sentence will be at least nine years with a minimum of two years of probation.

Penalties for Capital Sexual Battery – Child Victim Younger than 12: If an adult over the age of 18 sexually batters a child younger than 12, it is a capital offense in Florida. This crime can be punished by the death penalty or a sentence of life in prison without the possibility of parole.

Penalties for Sexual Battery Committed With Force Likely to Result in Serious Injury: The penalties for committing sexual battery while using force that is likely to result in serious bodily injury is a life felony in Florida. This offense carries a maximum sentence of life in prison, sex offender probation for life, and a fine of $10,000. As a level 10 offense, the minimum prison sentence is 10.5 years followed by probation for a minimum of two years.

Penalties for Sexual Battery Involving a Deadly Weapon: Sexual battery committed while using a deadly weapon is a life felony that carries a maximum of life in prison, lifetime probation, and a $10,000 fine. As a level 10 offense, the minimum period of incarceration will be 10.5 years followed by at least two years of sex offender probation.

Defending Against Sexual Battery Charges

The potential defenses that might be available will depend on the facts and circumstances of your case. However, the two primary defenses to this crime involve false accusations and consent.

Unfortunately, some people lie and accuse others of committing sexual battery against them. The most common circumstances in which false allegations might be made include the following:

  • Retaliation or revenge
  • Jealousy
  • The victim’s mental illness
  • Parent or parents who influence a child into making false allegations
  • Lying to prevent a partner from discovering an affair

Your Port Saint Lucie criminal defense lawyer will thoroughly investigate the circumstances of your case to uncover evidence that the allegations against you are false.

In some cases, the alleged victim will have consented to the sexual act but later decided to claim they did not. To qualify as consent, the alleged victim must have voluntarily, intelligently, and knowingly consented. However, if the alleged victim was intoxicated by alcohol or drugs, the jury will likely find the defendant guilty since the person’s intoxication could render them incapable of consenting. You also can’t defend against sexual battery charges by arguing the victim didn’t put up any resistance. However, the victim’s lack of resistance can be considered by the trier of fact to determine whether the sexual act was consensual or coerced.

Speak With a Saint Lucie Sexual Battery Lawyer

If you have learned that someone is accusing you of sexual battery, or you have already been charged with this crime, you must reach out to the experienced Saint Lucie sexual battery lawyer at Kirschner & McEnery Law immediately. These types of criminal charges can result in some of the harshest possible sentences in Florida. We will thoroughly investigate your case and build the strongest defense case possible. Call us today to schedule an appointment at (772) 489-8501.

Contact a Sexual Battery Defense Attorney

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What Are Clients Have to Say

Testimonials from our clients after working with our Fort Pierce Criminal Lawyers
  • Joshua Laurence
    Google Review

    Jonathan “Jay” Kirschner helped my family deal with a number of legal challenges in the Treasure Coast and Fort Pierce areas. Jay is diligent, tenacious, firm, understanding and transparent. We’ve found him to be more in the nature of a very high-priced, boutique, full-service criminal law firm and much more honest than other attorneys we’ve spoken to over the years. Don’t laugh, there are honest and fair attorneys — not many — but Jay is definitely one! Jay is available 24/7.

  • Matt Santizo
    Google Review

    Stephanie is the best lawyer I can recommend for your needs. She helped defend me in the most professional way I could ever imagine. She was subject to many scathing emails, and resistance at every angle from the opposition, and she acted with the utmost integrity every single time. She and her entire office staff were fully invested in my case and gave several hours to make sure the results came in my favor and justice prevailed. I would use Stephanie McEnery again in a heartbeat and would recommend her to everyone who needs to win a case.

  • Brian Segal
    Google Review

    Jonathan Jay Kirschner is an excellent attorney. Mr. Kirschner is the person you want to defend you when you find yourself in a position you did not mean to be in. Mr. Kirschner was always readily available when I had any questions or needed to contact him. He has a great staff that were all on my side and worked tirelessly to help me with my case. I can’t thank Mr. Kirschner enough, I highly recommend him for criminal defense matters.

  • Pam Blanchard
    Google Review

    Again, I have had a reason to contact Jay Kirshner. Mr. Kirschner is the best. Honest and completely thorough. Not an attorney to just take your money. He goes over and above for just results. Anyone looking for the best criminal attorney cannot find a better one than Jay Kirschner. He does not make promises he cannot keep and is very upfront about your legal case. He gets results and is second to none.  They don’t get any better than Mr. Kirschner.

  • Jonathan Dark
    Google Review

    After I was falsely accused of a crime, I contacted Stephanie McEnery, Esq. Stephanie McEnery was a true professional from the moment we met. She listened carefully to my situation, assessed, gather evidence and took action. No charges were filed against me due to Stephanie McEnery’s proactive approach to defending me. Further, Stephanie McEnery understood what my family had been going through for many years and protected my family when we filed and received an injunction for protection. If you need a defense attorney, I highly recommend a consultation with Stephanie McEnery today!

  • Anaz
    Google Review

    When I look back to how desperate I was for help with my case, I’m more than grateful to have had Stephanie work with me. She showed great consideration for the situation and kept me up to date with everything. Most importantly, she always responded right away to phone calls and emails. I highly recommend hiring Stephanie to defend you; the professionalism, experience, and the compassion she had for my family were all there.

  • Raquel Mendoza
    Google Review

    Will definitely recommend Stephanie she gets the case done fast and also explains your options before signing any contract. Will work with her again in future if any legal problems come again.

Recent Sexual Battery Cases Successes & Wins

Saint Lucie County Man’s Domestic Battery Charge Dismissed

A Saint Lucie County man, T.M., was charged with domestic battery, a first-degree misdemeanor per Ch. 784.03, Fla. Stat., and punishable by up to one...
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Aggravated Battery of a Pregnant Person Found Not Guilty

A Saint Lucie County man with significant criminal history, A.A, was accused by the mother of his child, of battery. She was pregnant at the...
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Case Dismissed on Charges of Battery on an Elderly Person and Battery

A Saint Lucie County man, A.R., was stabbed with a screwdriver in the head and stomach and ended up being charged with Battery on an...
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Saint Lucie County Nurse Charged with Battery is Found Not Guilty

A young Saint Lucie County nurse was charged with Battery, a first degree misdemeanor per Ch. 784.03, Fla. Stat., punishable by up to one (1)...
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Not Guilty Verdict on Three Counts of Sexually Battery on a Child

A. M. (Trial Verdict/ Sex. Bat on child/Not Guilty/3 counts) Arguably the most serious battery charge in Florida is an allegation of sexual battery on a...
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Okeechobee County Man Has Sexual Battery Case Dismissed

R.L./ Sexual Battery/ Charges Dismissed [Okeechobee County] R.L. was charged with sexual battery of his girlfriend of some nine (9) years.  The woman claimed R.L....
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Jonathan Jay Kirschner, Esq. Awards & Ratings