And this is where psychology actually plays a key role. You need a highly skilled Florida sexual battery attorney on your side to protect your rights and your freedoms. He doesn't deserve a life sentence. Consider turning yourself in if indicted by a grand jury, but only after speaking with an attorney. Mr. Gibson argues that Banks and its progeny are no longer controlling because the legislature eliminated the possibility of parole for capital sexual battery convictions in 1995.
Sexual Battery with a Deadly Weapon — non-consensual oral, anal, or vaginal contact with another person through the use, or threatened use, of a deadly weapon. See Askew v. State, 118 So. If you or someone you know has been accused of one of these offenses, you need a Florida Bar Board Certified Criminal Trial Lawyer on your side. However, the term itself is somewhat generic and does not even appear in Florida criminal laws. If someone enters a plea of no contest or is guilty to the charge, the minimum sentence is life in prison. Mark L. Gibson appeals his judgments and sentences for capital sexual battery and lewd and lascivious acts upon an 8-year-old victim.
Other times, what seems like sexual battery is nothing of the sort, but instead a false or misplaced accusation by someone who just wants to ruin your life. As A Capital Felony. 957 (1991); Solem v. Helm, 463 U. It bears repeating here that state laws differ, but the following is a basic explanation of these three sexually-related crimes: Sexual Battery. You are urged to contact the firm without delay if you are seeking a high quality defense attorney with exceptional trial skills. Penalty: failure to register as a sexual offender in the state of Florida is considered a felony of the third degree, which is punishable by up to five years imprisonment and up to $5, 000 in fines. Still, these penalties only apply if you are convicted. Solem, supra, 463 U. at 288, n. 13, 303, n. 32, 103 S. Ct., at 3008, n. 13, 3017, n. 32. The trial court imposed the mandatory life sentence at a later hearing, after Mr. Gibson had rejected an unusual post-verdict proposal from the State that he plead guilty to some offense and waive his appellate rights in exchange for a sentence of imprisonment with the possibility of release after 25 years.
A sexual battery involves a nonconsensual sexual act – that is, contact or penetration of another person's mouth, anus, or vagina using a sexual organ or object. Lewd and Lascivious Molestation, - Lewd and Lascivious Exhibition. If you have been charged with sexual battery, it's essential to enlist the help with an aggressive attorney that can defend you against your charges. Notably, a conviction can result in the loss of your freedom, reputation, and family relationships. This requirement will apply even if adjudication is withheld.
The accused cannot claim as a defense that he was unaware of the victim's age. If the victim is 18 or older, for example, the maximum sentence is 30 years imprisonment, 30 years of probation and $10, 000 in fines. Luring or enticing a child. History of Sexual Battery Under the Law. Although Florida appears to impose the most severe punishment for a sexual battery without penetration, all states provide extensive penalties. NORTHCUTT and GREEN, JJ., Concur. However, if in the position of familial or custodial authority you engage in an act with someone between 12-17 years of age, then you commit a first-degree felony, and if the victim is under 12 years old, then it constitutes a life felony or possibly a capital felony. Without effective legal counsel, things could turn ugly. 5 to 15 years in prison. If you are over the age of 18 and charged with the sexual battery of an individual under 12, you could face capital felony charges. A person may qualify to be removed from the sex offender registration requirement if a person can show the following: Unfortunately, an offender can not take advantage of this law if he has two or more violations. Sexual Battery Committed on a Child Under 12 Years of Age. As in the sexual battery offenses, an offender charged with lewd and lascivious offense cannot raise a defense that he believed the victim was older or that the victim misrepresented her age.
It should be noted that a victim's consent is not a defense to any of the crimes proscribed in this subsection. Although he was concerned with the amendment to the information, he was primarily concerned that the public defender had unilaterally assigned his attorney to another division. It's also important to note that incapacitated people and minors cannot provide consent. If you are at least 18 years of age when you commit sexual battery against someone who is under the age of 12 – or you injure that person's sexual organs in an attempt to commit sexual battery, then you commit a capital felony under Florida law.