Flaherty Defense Firm, Fort Walton Beach Criminal Lawyer
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Sexual Battery Attorney in Crestview

If you have been accused of Sexual Battery or Rape in Crestview, it may feel like you have already been judged guilty. It may seem like it doesn’t even matter if you did it or not because too many people jump to conclusions and assume the rest. Your career, education, and relationships with family and friends can suffer. And if you’re in the military, they may take action against you before you have even been to court.

It is understandable if you feel like your situation is hopeless, but please do not make that mistake. If you have already been arrested or you are under investigation, for Sexual Battery in Crestview, there is still time to fight back and give yourself a chance to put this behind you.

Hopefully, this page will give you some helpful information, but right now, the best piece of advice I can give you is:

Do not talk to the police without your attorney present.

If you have already given a statement, the police will usually try to get a second statement from you in hopes of tripping you up or getting you to say something different. Do not fall into their trap.

If the police contact you about a Sexual Battery allegation, that means they have already talked to the alleged victim. It also means that they believe the alleged victim’s story and they think you are guilty.

If you are contacted by the police, pick up the phone and call me, day or night, at (850) 243-6097.

My name is Tim Flaherty. I have been defending Sexual Battery charges and other sexually related cases in Crestview since 2001. Over the years I have learned that the #1 reason people go to prison for Sexual Battery is they talked to the police and incriminated themselves.

Defending a Sexual Battery accusation in Crestview

No two cases are the same, so we will need to talk about the specifics of your case before I can develop a defense strategy that is customized to your situation.

There are a couple issues that are common in Sexual Battery cases that I will explain below. I have secured not guilty verdicts at trial with these defenses.

Consent

Consent is defined as “intelligent, knowing, and voluntary consent and does not include coerced submission. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender.”

If I can argue to the prosecutor or the jury that the alleged victim consented to sexual activity, and I can show evidence of that, the prosecutor may decide to drop the charges, or you may have a good chance of winning at trial.

It is important to remember that once I allege that there was consent, I have to be able to back that up with evidence or proof. The burden is on us to show consent, so if the facts don’t support that argument, I won’t make it.

False Accusation

When I meet with clients accused of Sexual Battery, I usually ask them, “why would this person make this up?” I don’t ask that question because I don’t believe my client. I ask that because I need to know if the alleged victim has a reason or motive for making a false accusation.

This can be a highly effective defense if I am able to weave it into our overall strategy.

A quick example:

I defended a young man at trial a few years ago who was accused of Sexual Battery against a girl at a party. After an extensive investigation that included interviewing over 20 of their friends, ex-boyfriends, and ex-girlfriends, I learned that the alleged victim’s boyfriend had caught her with my client in a compromising position. He had caught her cheating in the past and had told her that if he ever caught her cheating again, he would break up with her. In her mind, she didn’t want to lose her boyfriend by admitting she had cheated, so she claimed it was rape.

In what was one of the most hard-fought trials of my career, my client was found Not Guilty by a jury right here in Crestview.

I do not offer this example to brag, or to guarantee I can get the same result for you. I don’t know enough about your case to give you that assurance. However, the example above does give you an idea about what level of representation you should expect from whomever you decide to hire. I will put in the time that it takes to find the right angle of attack that can lead to victory.

What am I facing for Sexual Battery in Crestview?

There are several factors that are used to calculate your potential penalty using the Florida Sentencing Guidelines. Here are a few examples of factors that can influence the sentence:

  • The level of force used by the defendant;
  • The mental state of the alleged victim;
  • The age of the alleged victim;
  • Any injuries suffered by the alleged victim; and
  • Whether a weapon was used.

Depending on the factors listed above, the potential sentence ranges from 15 years to Life in prison.

Call a Crestview Sexual Battery Attorney

You have the fight of your life ahead of you. Decades of your life, the future of your family, and everything you have worked for, are on the line. If you’re looking for an experienced criminal defense lawyer to take on this fight with you, give me a call and see if I am that attorney.

If you have been charged with Sexual Battery in Crestview, call me 24/7 at (850) 243-6097.

Florida Association of Criminal Defense Lawyers, Inc.
NORML
National Association of Criminal Defense Lawyers
9.8Tim Michael Flaherty
The National Trial Lawyers