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Sexual Battery

Melbourne and Brevard County Florida Criminal Defense Attorneys

If you have been arrested or are under an investigation for sexual battery in Melbourne, Brevard County, or anywhere in Central Florida, your best protection is to retain an aggressive and experienced sex crimes defense attorney at the earliest possible stage in your case.

Defining Sexual Battery In Florida

In general, Florida Statute 794.011 defines Sexual Battery as a non-consensual oral, anal, or vaginal physical penetration or union with the sexual organ of a person OR a non-consensual oral, anal, or vaginal penetration of another person with ANY object. Sexual Battery is also known as “rape” and includes non-consensual sexual acts such as intercourse. A sexual battery charge is extremely severe. A sexual battery conviction can result in a maximum prison sentence from 15 years up to LIFE. The degree of a sexual battery offense depends on the age of the victim and the presence of any special circumstances. A conviction will result in mandatory registration as a sexual offender.

False Allegations of Sexual Battery in Florida

Our Florida Sex crimes attorneys work prepare the best possible defense for you based on the charges and the evidence being brought against you by the state. In many cases, a charge of sexual battery consists of one person’s word against another’s. Unfortunately, false allegations of sexual battery and rape are increasingly common in Florida. False allegations of abuse are one of the primary reasons people find themselves accused of sexual battery. There are many reasons that would lead a person to falsely accuse another of sexual battery including: jealousy, manipulation, and mental illness of the accuser. A thorough investigation of the accuser is sometimes necessary in order to expose any motive for making a false accusation of sexual battery or rape. If need be, our office can perform independent investigations and have our own experts assess the physical evidence and interview techniques of law enforcement.

Consent as a Defense

Consent is a defense to an accusation of sexual battery, but only if the consent was found to be made knowingly, voluntarily, and intelligently. The failure of the accuser to physically resist will not be deemed consent, but can be something a jury can consider when determining whether the sexual interaction was consensual or coerced. However, the sexual interaction in question will be deemed coerced if a jury finds that force, threats, or intimidation were used to compel it.

Law Office of Richard G. Canina | Central Florida Sex Crimes Lawyers

If you have been arrested or believe that you might be arrested for sexual battery or any sex crime in Brevard County, you should immediately contact an aggressive sex crimes defense attorney in Melbourne, FL who is experienced in handling these matters. At the Law Office of Richard G. Canina, our firm sets itself apart from others in the level of personal service we provide. We are 100% committed to defending our clients vigorously and to keeping our clients fully informed every step of the way. With over 30 years of combined experience defending against sex crime charges in Brevard County, Florida, our attorneys will work hard to get you the best result possible. If you have been arrested in Melbourne, FL or anywhere in Brevard County, FL for sexual battery, we want to help you! Contact our office today for a FREE case evaluation.

Brevard County Florida Criminal Defense Attorney

The Law Office of Richard G. Canina proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

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(321) 728-0989
RichardGCanina@att.net

1901 S. Harbor City Blvd.
Suite 804
Melbourne, Florida 32901

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