Even if you do not think the charges against you are substantial, it is in your best interests to remember that the state prosecutor in Duval County (or the county you were charged in) is using what he or she deems as evidence to build a case. In the unfortunate event of conviction, you can face serious jail times and / or fines, not to mention the creation of a sex offender record. With what you stand to lose, it's important to do everything in your power now to pursue case dismissal, a not guilty verdict, an acquittal, minimized sentencing or other positive outcomes.
JACKSONVILLE SEXUAL BATTERY DEFENSE LAWYER
Bill Roelke defends the futures of men and women who have been charged with a sexual offense in Florida, including sexual battery. His experience also includes a former career as a medical researcher, which allows him additional insight to find weaknesses in the prosecution's case against you. Bill Roelke represents people arrested for sexual battery in Duval County, Clay County, St. Johns County, or Nassau County.
Contact Roelke Law today by calling (904) 354-0333 or sending an online message to learn more about how Bill Roelke can defend your future against such serious allegations in Jacksonville or the surrounding areas. During your initial consultation, Bill Roelke will help you understand the charges you face and examine the circumstances that led to the arrest for the alleged sexual battery offense. Based on the unique details surrounding your case, he will help you understand your legal options and begin building a foundation for your defense. Contact Roelke Law to learn more.
Under Florida Statute § 794.011, it is a capital felony for a person 18 years of age or older to commit sexual battery on a child under 12 years old and / or injure the child's sexual organs during the attempt. This is punishable by life in prison or death. However, this is a life felony that can be punished with up to 40 years in jail or life if the offender is less than 18 years old at the time of the offense.
An offender, who commits sexual battery on a child less than 12 years of age, has committed a life felony if he or she acts:
- Without that person's consent; and
- Uses or threatens to use a weapon that will likely cause severe bodily injury.
This can be punished with life in prison or a term not to exceed 40 years imprisonment.
If the sexual battery was committed without the threat or use of a deadly weapon or severe force against a victim 12 years or older, the offender has committed a first degree felony offense when:
- The victim was helpless to resist and / or incapacitated;
- Threats of force or violence to cause the victim severe injury was used by the offender to coerce the victim, who believed the offender had the ability to execute the threat, to submit;
- Threat of retaliation against the victim or another person was used to coerce the victim to submission and the victim believed the offender had ability to execute such a threat;
- The offender administered or narcotic, anesthetic, or another intoxicating substance to mentally or physically incapacitate the victim without the victim's consent or knowledge;
- The offender had reason to believe or possessed knowledge that the victim is mentally defective;
- The offender is a law enforcement officer or other person in control or authority in detention, corrections, probation, community control, custodial, or other similar area.
This is a first degree felony offense and can be punished by up to 30 years in a Florida state prison and / or up to $15,000 in fines.
It is a second degree felony offense for a person to commit sexual battery on a person 12 years of age or older, without the person's consent, and not use physical force or violence likely to lead to severe injury. This is punishable by fines up to $10,000 and / or up to 15 years in a Florida state prison. However, if the offender:
- Engages in sexual battery with a victim 12 years of age or older and less than 18 years, he or she has committed a first degree felony offense.
- Solicits a person to engage in sexual battery, he or she has committed a third degree felony (punishably by up to 5 years in prison and / or $5,000 in fines).
- Attempts or engages in sexual battery with a person less than 12 years old and damages the victim's sexual organs in the process, he or she has committed a capital or life felony offense.
A person 24 years or older, who engages in sexual activity with a person 16 or 17 years of age, has committed a second degree felony offense. This can be punished with up to 15 years in prison and / or fines up to $10,000. This does not apply to people age 16 or 17 who have had disabilities of nonage removed under Florida Statutes Chapter 743.
If a person has been involved in a sexual battery offense alongside at least one other offender, he or she faces reclassification of the sexual battery offense. Under Florida Statute § 794.023, if the prosecution can prove that more than one person was involved in said offense, a second degree felony will be reclassified as a first degree felony and a first degree felony will be classified as a life felony. Note that this section does not apply to life or capital felonies.
Roelke Law, P.A. | Felony Sexual Battery Attorney in Duval County, FL
If you have been charged with sexual battery in Jacksonville, Jacksonville Beach, Fernandina Beach, Atlantic Beach, Saint Augustine, or a nearby area, it's important to immediately consider your legal options. It's best to do this as soon after arrest as possible. Bill Roelke can help defend your best interests and uphold your rights during investigation. Additionally, he can help gather and analyze time-sensitive evidence, witness testimony, and other important details that can be used to your benefit. Call (904) 354-0333 to discuss your alleged sexual battery with Jacksonville defense attorney Bill Roelke.