Have you been accused of sexual battery in Lakeland, Florida? This kind of charge can threaten a defendant’s reputation, freedom, and future in ways that few other cases can. An accusation alone can follow you around for the rest of your life.
Grajek Trial Attorney at Law brings over 25 years of criminal defense experience to fight for your rights and present your side of the story. Contact us today at (863)-688-4606 to schedule a confidential consultation with a Lakeland sexual battery lawyer.
Why Hire Grajek Trial Attorney at Law If You’re Arrested for Sexual Battery in Lakeland, FL?
Sexual battery is one of the most serious and complex criminal charges you can face in Florida. Your freedom, future, and reputation are all on the line—and the attorney you choose can make all the difference.
At Grajek Trial Attorney at Law, we provide a strategic edge for clients accused of sexual battery in Lakeland:
- Nationally Recognized Trial Experience: Named among The National Trial Lawyers Top 100, Attorney Grajek is known for his courtroom skill and relentless advocacy.
- Criminal Defense, and Nothing Else: With a career exclusively devoted to defending the accused, Attorney Grajek has never worked as a prosecutor. His loyalty lies entirely with his clients.
- Cutting-Edge Legal Strategies: Through ongoing training, national seminars, and collaboration with leading defense attorneys across the country, he brings the most current and effective defense tactics to every case.
When you’re accused of sexual battery, you need a lawyer who understands what’s at stake and knows how to fight. Trust your case to a seasoned Lakeland sex crimes lawyer. Call today for a confidential consultation.
Overview of Sexual Battery in Florida
In Florida, what many people commonly call rape is legally known as sexual battery. Sexual battery occurs when there is vaginal, anal, or oral penetration or contact involving someone’s sexual organs, or when the vagina or anus is penetrated by an object, and the act happens without the other person’s consent.
For someone’s consent to be recognized under Florida law, it must be given clearly, freely, and intentionally. If a person says yes because of threats, force, or intimidation, that agreement is not considered true consent. Additionally, anyone under the age of 18 cannot legally consent.
What Are the Penalties for Sexual Battery in Lakeland, Florida?
Florida’s sexual battery penalties are among the harshest in the country. For defendants, it’s important to understand what they could possibly be facing.
Sexual Battery on a Child Under 12
If a person age 18 or older is convicted of sexual battery against a child under 12, or if the child’s sexual organs are injured during an attempted act, it is a capital felony. Penalties include Life in prison or the death penalty.
Sexual Battery on a Child Under 12 (By Juvenile)
If the crime is committed by someone under the age of 18, the charge is a life felony and penalties include life in prison.
Sexual Battery Using a Deadly Weapon or Causing Serious Injury
This applies when the act was on someone age 12 or older, but involved a deadly weapon or caused major physical injury. It is charged as a life felony and penalties include life in prison.
Sexual Battery With Coercion Against a Minor Age 12 to 17
When the crime is committed by an adult on a victim aged 12 to 17 under certain circumstances, like the victim is physically unable to resist or is unconscious, force, threats of violence, or deception are used, or the offender is in a position of trust or authority, it is a first-degree felony. Penalties include up to 30 years in prison.
Felony for Sexual Battery Without Severe Physical Force
This charge generally is used when no force likely to cause serious injury was present. It is a second-degree felony, and carries up to 15 years and prison and up to 15 years of probation.
Anyone convicted of sexual battery will likely have to register as sex offender as well.
If you’re facing an accusation as serious as sexual battery, make sure you speak with a criminal defense lawyer right away.
What Defenses Can Be Raised If I’m Arrested for Sexual Battery?
If you’ve been accused of sexual battery in Florida, your defense strategy will depend on the facts of the case and what evidence the prosecution has against you.
Common legal strategies include:
Consent
Your argument may involve showing that the sexual activity involved two adults who both freely agreed. This could include presenting text messages, social media conversations, prior relationship history, or witness testimony that shows both parties willingly participated and that no threats, force, or intimidation were involved. This often comes down to he said/she said, as most sexual encounters of any kind are done privately without witnesses.
False Accusations
Accusations of sexual battery may be fabricated or exaggerated, sometimes due to motives like revenge, jealousy, divorce disputes, or regret after consensual encounters. Your attorney can gather evidence such as text messages, social media interactions, or witnesses to demonstrate that the allegations are untrue.
Mistaken Identity
In some situations, alleged victims may have misidentified the perpetrator, especially in low-light situations, after consuming substances, or as a result of a suggestive lineup by the police. A lawyer can use alibi evidence to show you weren’t present at the scene, or they can examine identification procedures to argue that they were biased.
Lack of Evidence
Sexual battery charges require evidence that the act took place, like medical records, DNA, forensics, or reliable witness testimony. If the prosecution’s case relies on weak or contradictory evidence, your lawyer can try to create reasonable doubt.
An experienced criminal defense lawyer will know how to apply these and other defenses based on the allegations in your case.
A sexual battery charge is one of the most challenging moments you can face, but you don’t have to go through it alone. At Grajek Trial Attorney at Law, we use decades of experience to build the strongest possible defense while treating every client with compassion and respect.
Your side of the story deserves to be heard, and your rights deserve to be protected. Contact Grajek Trial Attorney at Law to speak with a Lakeland sexual battery attorney.