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Sexual Battery / Assault

Being accused of sexual battery can be a trying ordeal for an individual, especially if there was no intent to harm or cause injury to the alleged victim. An individual accused of sexual battery in the state of Florida can face harsh prison sentences and hefty fines if convicted, in addition to the public embarrassment of having to register as a sex offender.

Gainesville Sexual Battery Lawyer

If you have been charged with sexual battery, contact the Galigani Law Firm. Criminal defense attorney Dean Galigani is experienced in defending individuals who have been charged with sexual battery offenses from the most serious penalties. For college students, this also means representation in the separate student disciplinary hearing. The Galigani Law Firm represents individuals who have been charged with sexual battery throughout Florida in Alachua, Levy, and Marion counties. Contact the Galigani Law Firm at (352) 375-0812 today for a free consultation.


Definition of Sexual Battery / Assault in Florida

An individual can be charged with sexual battery if they commit non-consensual sexual penetration upon another individual. This means any oral, anal or vaginal penetration with the use of a sexual organ or another object under Fla. Stat. § 794.011.


Florida Penalties of Sexual Battery / Assault

The penalties of a sexual battery conviction can vary depending on the circumstances of the offense, such as:

  • The victim’s age,
  • If the victim was handicapped,
  • If a weapon or force was used during the commission of the offense, and/or
  • If the offender was a law enforcement officer.

A charge of sexual battery upon a person 12 years of age or older can result in a felony of the second-degree conviction, which is punishable by up to 15 years in prison and/or a fine up to $10,000, according to Fla. Stat. § 775.082 and 775.083. If a deadly weapon or physical force is used in the commission of the offense, the charge can severely increase to a life felony, which is punishable by life in prison under Fla. Stat. § 775.082.

If an adult individual is charged with committing or attempting to commit sexual battery upon a minor less than 12 years old, they can be convicted of a capital felony, which is punishable by death under Fla. Stat. § 775.082.

A conviction of sexual battery by a minor under the age of 18 upon a person less than 12 years of age can result in a life felony which is punishable by life in prison consistent with Fla. Stat. § 775.082.

A parent or guardian charged with sexual battery upon a person in their care who is under the age of 18 can be convicted of a life felony, a felony of the first degree or a felony of the third degree, depending on the age of the victim and the extent of the battery.

An individual who is charged with sexual battery can be convicted of a felony of the first degree depending on certain details of the alleged crime. These certain details can include, but are not limited to:

  • If the victim was physically helpless to resist,
  • If the offender threatened to use force or violence,
  • If the offender threatened retaliation,
  • If the victim was drugged,
  • If the victim was mentally or physically handicapped or
  • If the offender was a law enforcement officer.

A felony of the first degree is punishable by up to 30 years in a Florida state prison and/or a fine up to $10,000, as stated in Fla. Stat. § 775.082 and Fla. Stat. § 775.083.


Florida Definition of Dangerous Sexual Felony Offender

Under Fla. Stat. § 794.0115, an individual charged with sexual battery can be considered a dangerous sexual offender and can face a mandatory minimum of 25 years in prison up to life if they have:

  • Caused serious personal injury,
  • Used or threatened to use a deadly weapon,
  • Committed the offense to more than one person, and/or
  • Was previously convicted of a felony or sex crime.

Enhanced Sentencing in Gainesville

The state of Florida can impose an enhanced sentence for any individual that the court deems is a habitual felony offender, habitual violent felony offender, three- time violent felony offender, or a violent career criminal, as outlined in Fla. Stat. § 775.084. The enhanced sentence can range from five years without the eligibility of parole to life in prison. Factors that can influence the court’s decision can include but are not limited to:

  • A previous felony or violent felony conviction,
  • If the offense was committed within 5 years of prison release or release from a court-ordered supervision, or
  • If the offense was committed while an individual was serving time for a previous conviction.

Galigani Law Firm | Florida Sexual Assault Attorney

The Galigani Law Firm represents individuals who have been charged with the most serious sexual battery offenses throughout the state of Florida. Dean Galigani is a Florida criminal defense lawyer who will fight to achieve the best possible outcome to your specific situation. Contact the Galigani Law Firm today at (352) 375-0812 for a free consultation about your alleged sexual battery offense in the cities of Gainesville, Alachua and Ocala.