Fort Walton Beach Sexual Battery Lawyer

Sexual Battery Attorney in Fort Walton Beach, FL

Allegations of sexual battery and domestic violence can be just as damaging to someone’s personal and professional reputation as a conviction. When facing accusations of sexual battery, a Fort Walton Beach sexual battery lawyer can offer guidance and support when preparing a successful defense strategy. Getting ahead of the allegations is important to minimize potential damage to your relationships with family, friends, and employers.

Hire a Sexual Battery Lawyer

As a former prosecutor and deputy sheriff, Attorney Jay Patel is familiar with sexual battery laws. He has represented clients in the Okaloosa and Walton County Courthouses through negotiations and litigation. With this unique perspective, Jay Patel Law, P.C., has represented clients in Okaloosa and Walton since 2017. Sexual battery cases can be highly emotional, so it’s important to have an attorney who can offer sound advice so you can make good decisions.

Sexual Battery Explained

Florida law defines sexual battery as any oral, anal, or female genital penetration or union with the sexual organs of another person. Sexual battery also includes penetration by any foreign object. One key feature of sexual battery is that there is always an element of force or threat of force used by the perpetrator, and physical contact is always made. By contrast, sexual assault is a much wider term used to define any unwanted sexual contact.

The United States Sentencing Commission (USSC) looks at sexual abuse cases. Sexual abuse includes any sexual acts without consent. In 2024, the USSC reported 1,430 cases of sexual abuse in the United States, a 62.5% increase since 2020. Of these cases:

• 93.5% of offenders were male
• 55.1% were Caucasian
• 94.8% were American Citizens
• 71.6% of offenders had little or no criminal history
• 99.2% of those convicted were sentenced to prison

Aggravated Sexual Battery in Florida

An individual can be charged with aggravated sexual battery if specific aggravating factors were present at the time the sexual battery occurred. The presence of one or more aggravating factors increases the possible penalties should the accused be convicted in Fort Walton Beach. Aggravating factors include:

• The perpetrator is in a position of authority over the victim, or the victim believed the perpetrator was in a position of authority.
• The perpetrator used force or the threat of force against the victim or a loved one of the victim to gain compliance. The threat of force may come from the use of a deadly weapon. Threats of future harm are also included.
• The perpetrator used force or violence that caused, or could have caused, bodily harm resulting in disfigurement or a permanent disability.
• The victim was incapacitated. This can include being physically or mentally incapacitated.
• The victim was a minor.

Sexual Battery Defenses

Sexual battery is considered a felony in Florida. Potential penalties if convicted of sexual battery can be severe and have life-altering consequences. To build a solid defense against sexual battery allegations, it is important to understand your rights and exercise them. An experienced Fort Walton Beach sexual battery attorney can help you mount a strong defense. Your attorney may recommend you:

• Do not speak with law enforcement or the prosecution without your attorney present.
• Cease all communication with the alleged victim.
• Create a timeline of events leading to the accusation.
• Make a list of potential witnesses who can corroborate your version of events.
• Gather evidence that supports your story.

If the prosecution has enough evidence to prosecute the sexual battery charges, a strong defense supported by clear evidence is necessary. An effective attorney may center a defense around:

• Consent – The victim consented to the act and is of legal age to do so.
• Wrong identity – The accused has been mistaken for the actual perpetrator.
• False accusations – The victim knowingly made false accusations against the accused.
• Violation of rights – The accused’s rights were violated during the course of the investigation.
• Insanity – The accused was permanently or temporarily insane when the sexual battery occurred.

FAQs

What Kind of Lawyer Deals With Sexual Battery Defense Cases?

A criminal defense lawyer with experience in sex crime cases deals with sexual battery cases. A criminal defense attorney who works with sexual offense cases understands the importance of mounting an aggressive defense against accusations since the penalties are steep. A skilled attorney can craft an appropriate legal strategy that protects the accused’s rights while aiming to minimize the potential sentence.

What Is the Statute of Limitations in Florida for Sexual Battery?

In Florida, the statute of limitations for sexual battery differs based on the unique factors of the case. If the victim is under 18 years of age, the use of a deadly weapon or force caused serious injury, or there were multiple perpetrators, there is no statute of limitations. If the victim is over 18 years of age, the statute of limitations is eight years.

Do You Have to Register as a Sex Offender if You Are Convicted of Sexual Battery in Florida?

Yes, if you are convicted of sexual battery in Florida, you are required to register as a sex offender. You also must register in Florida if you are convicted in another state and then move to Florida. Being a registered sex offender puts numerous restrictions on your day-to-day life, including where you can live, work, and travel. You are also required to keep your contact information up to date at all times and report to the sheriff as necessary.

Can the Victim Drop Sexual Battery Charges in Florida?

Once an accusation of sexual battery has been made, the victim cannot drop the charges. The decision to press charges is made by the prosecution. Prosecutors may take into consideration the willingness of the victim to cooperate on the case, but if there is enough evidence to indicate a crime was committed, they are likely to press charges even if the victim is uncooperative.

Contact Jay Patel Law, P.A.

Having a strong legal defense is crucial to minimizing the damage that can be caused by sexual battery allegations. You need to hire a sexual battery lawyer ready to aggressively fight for your interests and rights. Contact Jay Patel Law, P.A., now to schedule your confidential consultation.