Fort Lauderdale, FL Sexual Assault and Battery Lawyer

Attorney Defending Against Sexual Assault Charges in Fort Lauderdale, Florida

Sexual battery is one of the most serious criminal charges a person can face in Florida. Commonly referred to as rape or sexual assault, this offense can lead to severe penalties for those who are convicted, including the possibility of decades in prison and sex offender registration. Because of the severity of these charges, it is essential for anyone who has been accused of sexual battery to seek immediate and experienced legal representation.

At The Hoffman Firm, our attorney defends clients in Fort Lauderdale against accusations of sexual battery and related offenses. He can provide a strong, discreet, and strategic defense that is based on extensive experience in criminal cases and a strong understanding of the laws that apply in these cases. Through a thorough investigation and a careful analysis of the facts, he will take steps to challenge allegations of sexual assault while protecting the rights of a client during their case.

Understanding Sexual Battery Charges

Under Florida Statutes Section 794.011, a person may be charged with sexual battery if they engage in sexual penetration without consent. This includes situations where the victim is unable to consent due to mental incapacity or intoxication.

Sexual battery charges may apply in circumstances such as:

• Alleged non-consensual sex between adults
• The use of force, threats, or coercion to engage in sexual intercourse
• Sexual acts involving a victim who was unconscious or was physically unable to resist
• An authority figure such as a teacher or law enforcement officer coercing someone into engaging in sexual activity

Penalties for Sexual Battery in Florida

Sexual battery is a felony offense under Florida law, and the penalties can be extremely harsh, especially when aggravating factors are involved. In general, an adult over the age of 18 who is accused of committing sexual battery against another adult may be charged with a first-degree felony, which could lead to a sentence of up to 30 years in prison upon conviction. If an adult is accused of sexual battery against a minor (commonly known as statutory rape), the penalties may be increased to life in prison or even the death penalty in some cases.

Defense Strategies for Sexual Battery Charges

Defending against a sexual battery charge requires a thorough understanding of Florida law, a careful review of the evidence, and a strategic approach that is based on the specific facts of the case. Our lawyer will perform a thorough investigation, looking at issues such as the conduct of police officers, the statements of the alleged victim, and any physical or forensic evidence. He will work to determine what defense strategies may be available, including:

• Consent: In many adult sexual battery cases, the primary issue is whether the act was consensual. Our attorney may present evidence such as text messages, social media communication, witness statements, or details about prior relationships between the accuser and accused to show that the encounter was voluntary and that no force or coercion was involved.
• False Accusation: Personal conflicts, child custody battles, or attempts to gain leverage in other legal matters may lead someone to falsely accuse another party of sexual assault. Our lawyer will investigate the background of the accuser and look for inconsistencies in their statements or account of events when determining whether their credibility may be challenged.
• Lack of Physical Evidence: DNA samples or other evidence can play a role in a sexual battery case, but in some cases, the available evidence may not support the prosecution's claims. Our attorney can work with forensic experts and medical professionals to analyze DNA reports, injury assessments, and toxicology results and determine whether it may be possible to cast doubt on the allegations.
• Mistaken Identity: In cases where the alleged victim did not know the accused, the defendant may have been misidentified. Our lawyer can present alibi evidence, surveillance footage, or witness testimony to demonstrate that the accused was not the person who committed the alleged offense.
• Improper Police Procedures: Law enforcement officials may have violated a person's constitutional rights by conducting an unlawful search, failing to provide Miranda warnings, or coercing a confession. Our attorney can take steps to suppress evidence or statements that were obtained illegally.

Contact Our Fort Lauderdale Sexual Battery Defense Attorney

If you learn that you are under investigation for a sex crime, it is critical to act immediately. Once an arrest occurs, you will need legal representation to address accusations of sexual assault and battery and defend against a conviction. At The Hoffman Firm, our attorney can provide the aggressive defense needed to help you protect your rights, while also treating you with compassion and guiding you through your case successfully. Contact our Fort Lauderdale, FL sexual battery lawyer by calling 954-524-4474 to arrange a free, confidential consultation.