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Sexual Battery On a Child Under the Age of 12 by a Person in Familial or Custodial Authority In Crestview

This charge applies in cases where the suspect is accused of committing sexual battery against someone they are legally responsible for or have legal custody of. Obviously, the law will come down harder on someone who takes advantage of being in a position of trust with a child, and then abuses that trust.

If you find yourself being accused of such a crime, it is important to take steps before it is too late to protect your rights and defend yourself. In order to do that most effectively, you are going to need an advocate on your side with experience in defending these very complicated and difficult cases.

My name is Tim Flaherty. Here at Flaherty Defense Firm, I make my reputation every day fighting to get the best possible result for my clients. I have been practicing right here in Crestview and Okaloosa County since 2001 and I am ready to put my expertise to work for you.

Is consent a defense to Sexual Battery by a Person in Familial or Custodial Authority?

Consent is defined in Florida Statute 794.011 (1) (a) as “intelligent, knowing, and voluntary consent and does not include coerced submission. Consent does not mean failure by the alleged victim to offer physical resistance to the offender.”

In any Sexual Battery case between two adults, consent is definitely a defense. However, when the alleged victim is under the age of 12, consent is never a defense. Children are not allowed to consent to sexual activity. The courts do not recognize any exceptions to this very strict rule.

What is the penalty for Sexual Battery by a Person in Familial or Custodial Authority in Crestview?

This charge is a first degree felony with the special designation of PBL (punishable by life). That means that the charge is punishable by a sentence of 30 years to LIFE in prison.

In order to determine what the minimum mandatory sentence would be under Florida’s sentencing guidelines, the calculation would be as follows:

The charge is a Level 9 offense which carries 92 points. An additional 80 points can be scored for sexual penetration victim injury points.

92 points + 80 points = 172 points. 172 – 28 X 0.75 = 108 months in prison.

This means that unless the Judge finds a legally valid reason to issue a downward departure sentence, will be sentenced to at least 108 months in prison if you are convicted as charged.

Advice for anyone being accused of Sexual Battery by a Person in Custodial Authority in Crestview

The #1 factor that sends people to prison in sexual related cases is talking to the police. It doesn’t matter if you are guilty or innocent of the charge. The police already think you are guilty no matter what and they will trick you, lie to you, and twist your words around to get you to incriminate yourself. Police officers are trained to interrogate suspects and extract confessions and they are very good at it. The best thing you can do is politely tell them that you will NOT talk about the allegation or anything else without an attorney present.

Call a Crestview Sex Crime Attorney

If you have reason to believe that an investigation has been opened against you, or if the police contact you to make a statement, give me a call immediately at (850) 243-6097. There are steps I can take right away to protect you.

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