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Sexual Battery with Victim Helpless to Resist Charges in Ft. Walton Beach

If you have been charged with sexual battery where the victim is helpless to resist, the best advice I can give you is get help now! Sexual battery charges in Ft. Walton Beach are some of the most difficult to fight. In cases where the alleged victim is deemed helpless to resist, the stakes become even higher. Do not take this charge lightly. If you are ready to fight for your life and freedom, contact an aggressive criminal attorney with the experience it takes to win your case. We are available 24 hours a day, seven days a week for you at (850) 243-6097.

What is Sexual Battery with Victim Helpless to Resist in Ft. Walton Beach?

To understand how to fight your case, you need to understand what it means to be charged with this serious felony. “Sexual battery” according to Florida Statute 794.011 means oral, anal, or vaginal penetration or union (touching) with, the sexual organ of another. This definition includes the use of any object.

A victim is considered helpless to resist if they are unconscious, asleep, or unable for any other reason to communicate that they are unwilling to perform a sexual act.

Is consent a defense to Sexual Battery with Victim Helpless to Resist?

Possibly yes. If the alleged victim is over the age of 18, they are deemed eligible to consent to otherwise lawful sexual activity. However, with this particular charge, the State is arguing that because of the alleged victim’s condition, they were unable to communicate their lack of consent.

Of course, if the case were to proceed to a jury trial, the accused is allowed to argue the issue of consent as long as the facts and circumstances reasonably support that argument.

What are the penalties for Sexual Battery with Victim Helpless to Resist?

Sexual battery where the victim is helpless to resist is a first degree felony. This means that you face a sentence of 30 years up to LIFE in prison. A prison sentence for a sexual battery conviction does not receive gain time. This means that if you are sentenced to 30 years in prison you will serve all 30 years without time removed for good behavior.

As with any other sexual charge, the age of the offender and the victim determine how the court will sentence you if you are convicted.

  • If the offender is 18 years or older and the victim is between 12-18 years old, this is a first degree felony punishable by life.
  • If the offender is 18 years or older and the victim is 18 years or older, this is a first degree felony punishable by up to 30 years in prison.
  • If the offender is younger than 18 years of age and the victim is over 12 years of age, this is a first degree felony punishable by up to 30 years in prison.

These penalties are harsh, and the best way to avoid a lengthy prison sentence is to quickly establish a strong case against the allegations you are facing.

How can I defend a Sexual Battery charge with Victim Helpless to Resist?

The first step to fighting these charges is silence. Do not speak with the police without an attorney by your side. Remember, you are the subject of sexual allegations. The police will not protect your rights. An aggressive Fort Walton Beach sexual battery attorney will obtain all evidence in your case and pursue any leads that the police have failed to discover. At Flaherty Defense Firm, we prepare every case as if our client’s life is on the line, and to us, it is. We will review with you all evidence, take depositions, file motions, and force the state to prove the allegations against you.

We will also develop a very detailed file on the background of the alleged victim. We do this to develop possible motives for why this person is falsely accusing our client. We have used this with great success in past cases.

What can an attorney do for me if I am charged with Victim Helpless to Resist in Ft. Walton Beach?

More than any other charge, you need experience when dealing with sexual allegations. Society looks poorly on a sexual crime accusation and seeks to convict a person before knowing the facts. We have all been privy to newspaper posts and social media where a person accused of a sexually related offense is portrayed as a monster. When a person is charged with a sexually-related offense the consensus is guilt and disgust.

Having an attorney that understands the stigma, the law, and knows how the prosecutor is going to pursue a sexual allegation can make a huge difference in the outcome of your case. Not every attorney is the same. We can’t guarantee any outcome, but what we can do is provide you with the best advice and analysis of your case, work with you on a defense, and fight for your freedom using our extensive experience in sexual cases.

If you have been charged with Sexual Battery with Victim Helpless to Resist in Fort Walton Beach, call Flaherty Defense Firm at (850) 243-6097. We are available 24/7.

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