In a court of law, sexual battery is a misdemeanor if the act does not cause bodily harm to the victim. It is also considered a misdemeanor if there is no weapon involved. If you are accused of sexual battery, you have the right to retain a lawyer.
Defendant’s right to a lawyer
When charged with a sexual battery offense, it is important for the defendant to have an attorney on his side. The court may find it difficult to prove that the accused consented, but the defense lawyer can argue that the sexual encounter was consensual. In addition, an experienced attorney will know the criminal law governing sexual crimes and can develop a defense strategy that will protect the defendant’s rights.
A criminal defense lawyer at Wolfe Law Group, LLC will aggressively represent you in any sexual battery case. As trial-tested attorneys, they fight for their clients’ rights and aggressively pursue convictions. The firm serves clients in Ohio. A sexual battery charge involves sexual conduct with another person, usually when the defendant takes advantage of the victim. The case can also involve incidents where the victim was unable to control the defendant’s behavior.
Defenses to a sexual battery charge
There are a number of defenses to a sexual battery charge. Innocence, insufficient evidence, and mistaken identity are all valid defenses. While the prosecution must prove that the sexual activity took place, the defense can show that the alleged victim fabricated the crime and was not acting in an unlawful manner.
There are also situations where misunderstandings between the two parties can lead to inappropriate behavior or a regrettable choice. These situations are often the source of sexual battery charges. Alcohol or recreational drugs can also play a role. When these factors come into play, it’s vital to develop a strong defense strategy. If you can successfully argue against the charges, they may be dismissed or severely reduced. You should consult a sex crime defense attorney immediately.
A skilled Athens sex crimes attorney can assert your defenses and help you navigate the criminal court process. A lawyer can negotiate a plea deal if possible, and can also represent you at trial if necessary. In addition to presenting compelling arguments, a criminal defense attorney can also present physical evidence that could make the charges moot.
Penalties for a second-degree felony
Penalties for a second-degree sexual battery vary depending on the circumstances and the level of sexual assault. A class A misdemeanor, a second-degree sexual battery carries a maximum sentence of one year in prison. The court will consider the circumstances surrounding the crime and the offender’s previous criminal history before determining a sentence. First-time offenders may be given a lesser sentence or a probation period of up to six years.
If you commit a second-degree felony for sexual assault, you could face a sentence of anywhere from one year in jail to life in prison. The exact sentence depends on the crime and the sentencing statutes in your state. Some states require a mandatory minimum sentence, while others allow for a judge’s discretion in determining the length of a sentence. If you are convicted of a second-degree felony for sexual misconduct, you may also face imprisonment without parole.
Defenses to a misdemeanor charge
There are many defenses to a misdemeanor charge of sexual battery. Oftentimes, misunderstandings lead to inappropriate behavior or unwise decisions. A sexual battery charge can also result from situations where alcohol or recreational drugs are involved. There are several things that you can do to help yourself build a strong defense.
A misdemeanor charge of sexual battery is the least serious of the two, and carries the lowest fine of $2,000. If convicted, a sexual battery conviction can lead to a felony with a maximum of four years in state prison and a maximum fine of $10,000. In some cases, a sexual battery conviction can also trigger special requirements, such as restitution or no-contact probation. In the event of a third offense, a person may also be placed on an attack crimes registry.
If you have been accused of sexual battery, the best defense is to hire a competent attorney as soon as possible. Getting an attorney can help you to argue your case and negotiate a lower plea, or even fight your case at trial. A lawyer can prepare a strategy and speak with the police on your behalf.
Common defenses to a felony charge
A defendant can use a number of common defenses to a felony charge of committing sexual battery. For example, the defendant can argue that he or she was not in his or her right mind at the time of the offense. This can be proven by providing evidence, such as plane tickets, hotel receipts, or witness statements.
Another common defense to sexual battery charges involves presenting evidence that the victim did not knowingly consent to the act. This defense is known as the “Mayberry defense” and can apply to a variety of scenarios, including language barriers, mixed signals, and complex sexual histories.