Miami, FL Sexual Assault Lawyer

Skilled Attorney Helping Defend Against Charges of Sexual Battery in Miami

Accusations of sexual assault can be very serious. A conviction on charges of sexual battery can lead to severe criminal penalties, including imprisonment and mandatory registration as a sex offender. These accusations can impact nearly every aspect of your life, including your employment opportunities, housing options, and personal relationships. If you are facing these types of accusations in Miami, you will need legal representation from a skilled and experienced attorney who can protect your rights and your future.

At The Hoffman Firm, our Miami sex crimes defense lawyer can help you determine the best approach to take as you defend against charges of sexual assault. We will examine the details of your case, identifying weaknesses in the prosecution's evidence, and develop a defense strategy to help you avoid a conviction. Legal counsel is critical in cases involving false allegations, misunderstandings, or lack of evidence. Our attorney can challenge procedural errors, advocate for your rights, and work to ensure that you will be treated fairly as your case proceeds through the legal system.

Florida's Definition of Sexual Battery

Offenses that are usually referred to as rape or sexual assault are known as sexual battery in Florida. Sexual battery may include any form of sexual penetration that is committed without receiving consent or against a person's will.

A person may face allegations of sexual battery in a variety of circumstances, including:

• Non-Consensual Encounters: One party may claim that they did not consent to a sexual act, even if there was no physical evidence of force.
• Intoxication or Incapacitation: Engaging in sexual activity with someone who is under the influence of drugs or alcohol to the point where they cannot give consent may be considered sexual battery.
• False Allegations: Accusations of sexual assault may be made as a form of revenge or a personal attack. In some cases, these accusations may be based on mistaken identity.
• Statutory Rape: Engaging in sexual activity with a minor, regardless of whether the minor gave consent, may lead to charges of sexual battery.

Penalties for Sexual Assault and Battery in Florida

The consequences of a sexual battery conviction will depend on the circumstances of the alleged offense. The penalties for different types of sexual battery offenses include:

• Sexual Battery Without Aggravating Factors: Sexual assault by an adult over the age of 18 against another adult without the use of force or violence is a second-degree felony. A conviction may lead to a prison sentence of as much as 15 years in prison, and a person may also be fined a maximum of $10,000.
• Sexual Battery With Aggravating Factors: If a person is accused of committing sexual assault by threatening to use force or violence, or if the alleged victim was incapacitated or unable to resist, a person may be charged with a first-degree felony. A conviction may carry a prison sentence of up to 30 years.
• Sexual Battery With a Weapon or Using Force: If a person allegedly used a deadly weapon when committing sexual assault, or if they allegedly used physical force that was likely to cause the victim to suffer serious injuries, they may be charged with a life felony, and they could be sentenced to life imprisonment.
• Sexual Battery on a Minor Under 12: If the defendant is over the age of 18 and the alleged victim is under the age of 12, the offense is a capital felony that may be punishable by life in prison without parole or the death penalty. If the defendant is under the age of 18, they may be charged with a life felony.
• Sexual Battery on a Minor Between 12 and 18: An adult who is charged with sexual battery in these situations will typically face first-degree felony charges. Minors under the age of 18 may face first-degree felony charges in cases involving aggravating factors, and in cases without aggravating factors, second-degree felony charges will typically apply.

Defending Against Sexual Assault Charges

Our skilled Miami sexual assault defense lawyer will analyze every aspect of a case to identify the best defense strategies. Potential defenses may include:

• Consent: If both parties voluntarily engaged in the sexual activity, we may challenge the prosecution's claim that an act was non-consensual.
• False Allegations: Some accusations arise from personal vendettas, misunderstandings, or attempts to gain leverage in divorce or custody disputes. Our attorney can uncover inconsistencies in the accuser's statements and demonstrate that these allegations are unfounded.
• Mistaken Identity: If the accusation is based on a misidentification, our lawyer can present alibi evidence, surveillance footage, or other proof that the accused was not present at the scene.
• Lack of Evidence: Prosecutors must prove every element of the crime beyond a reasonable doubt. Our attorney may challenge weak forensic evidence, unreliable witness testimony, or improper police procedures.
• Violation of Constitutional Rights: If law enforcement obtained evidence illegally—such as through an unlawful search or a coerced confession—our lawyer can file motions to suppress the evidence and advocate for a dismissal of charges.

Contact Our Miami, Florida Sexual Battery Defense Attorney

When you are facing accusations of sexual assault or another sex crime, it is crucial to act quickly and obtain experienced legal representation. A conviction can have lasting consequences, but a strong defense may help you avoid the most severe penalties or even have the charges dismissed. Contact our Miami sexual assault and battery lawyer at 305-249-0090 to schedule a free, confidential consultation.