Flaherty Defense Firm, Fort Walton Beach Criminal Lawyer
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Fort Walton Beach Sexual Battery by Person in Familial or Custodial Authority Attorney

If you have been accused of a Sexual Battery allegation in Fort Walton Beach, you need to know two things: 1) Do NOT speak to law enforcement, and 2) Contact an experienced Sexual Battery defense attorney as soon as possible. By following these two rules, you give yourself the best chance at a successful defense. Sexual Battery, Child Over 12 but Less than 18, by a Person in Familial or Custodial Authority is one of the most serious offenses under Florida law, and you are facing a lengthy prison sentence and harsh sexual offender sanctions if convicted.

Flaherty Defense Firm has been defending people charged with Sexual Battery by Person in Familial or Custodial Authority for over 15 years and we know what is at stake if you have been accused of this crime. Contact our office today at (850) 243-6097 to discuss the facts of your case and to find out what we can do to protect your future.

Sexual Battery, Child Over 12 but Less than 18, by Person in Familial or Custodial Authority Under Florida Law

The general definition of sexual battery is “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object without consent.”

Sexual Battery, Child Over 12 but Less than 18, by Person in Familial or Custodial Authority is defined in Florida Statute 794.011(8)(b). It states, “Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and engages in any act with that person while the person is 12 years of age or older but younger than 18 years of age which constitutes sexual battery, commits a felony of the first degree, punishable by a term of years not exceeding life.”

If you are convicted, you could be sentenced to LIFE in prison. The stakes do not get any higher than that.

In order for you to be convicted of this charge, the prosecuting attorney must prove ALL of the following elements:

  1. The victim was at least 12 years old but younger than 18;
  2. The defendant had a position of familial authority or custodial authority over the victim; and
  3. The defendant committed an act in which either:
    • The sexual organ of the defendant or the victim would penetrate or have union with the anus, vagina, or mouth of the victim or defendant; or
    • The anus or vagina of the victim would be penetrated by an object.

Who is Considered to Be a Person in Familial or Custodial Authority?

Examples of custodians include parents, step parents, foster parents, priests, sports coaches, babysitters, day care workers, etc. Anyone who acts in any capacity of authority over a child could qualify as familial or custodial under this charge.

Defending Your Sexual Battery by a Person in Familial or Custodial Authority Case in Fort Walton Beach

Under Florida law, consent is NEVER a defense to sexual battery where the victim is under the age of 18. However, there are other defenses and strategies an aggressive criminal defense attorney can raise in your case. Before choosing an attorney it is important to do your research and make sure that the defense attorney you choose has experience defending these complex sexual battery cases.

Flaherty Defense Firm focuses solely on criminal defense in Fort Walton Beach and surrounding areas. In order to prepare the best defense possible for you, we will take depositions of all of individuals involved in your case and look for discrepancies in their testimony. We will also determine whether or not you actually qualify as a person in custodial or familial authority under Florida statute and current case law. We will analyze law enforcement’s every move to determine if there is evidence that was obtained illegally, and we will submit the appropriate motions to ensure that your legal rights are protected. We will fight your case all the way to trial, which in these types of cases is often quite necessary.

Contact a Fort Walton Beach Criminal Defense Attorney.

Sexual Battery by a Person in Familial or Custodial Authority is one of the most difficult cases to defend. Law enforcement and the State of Florida will be looking to put you in prison for a very long time. The prosecuting attorney will do everything in their power to make an example of you. You are looking at losing your children, family, career, and your freedom. Let Flaherty Defense Firm ensure that doesn’t happen to you. We are available 24/7 to discuss the details of your case with you and work on getting your life back on track. Call us 24/7 at (850) 243-6097 to schedule your free consultation.

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