Flaherty Defense Firm, Fort Walton Beach Criminal Lawyer
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Capital Sexual Battery Defense in Ft. Walton Beach

A capital sexual battery charge will not be dismissed because you are innocent or the alleged victim is lying. It will be up to you with the help of a powerful defense team to prove your innocence. A sexually related offense is considered by law enforcement to be one of the most heinous crimes. It is for that reason that law enforcement will pursue you until they get what they want. A capital sexual battery charge is not an offense that you should leave to the public defender or try to handle on your own. Once charged with the offense you will be incarcerated until a judge determines otherwise.

There is no quick fix for a capital sexual battery charge. The consequences, if you are convicted, will last the rest of your life. If you have been charged or believe you are under investigation for a capital sexual battery offense in Fort Walton Beach, contact Flaherty Defense Firm immediately at (850) 243-6097. We are available 24 hours a day, 7 days a week to give you the answers and the protection you deserve.

What is Capital Sexual Battery in Fort Walton Beach?

Capital Sexual Battery is defined as a sexual battery where the alleged victim is under the age of 12 at the time of the offense. The penalty if you are convicted is LIFE in prison. A conviction for a sexual battery charge does not allow for probation, early release, or parole.

Sexual battery is defined as the union of or penetration of the sexual organ, by oral, anal or vaginal act by a person or an object.

The police want to talk to me about a Sexual Battery charge. What do I do?

The most important advice I can give you is never speak to the police about a sexual battery offense. It may seem counterproductive to you right now but if law enforcement wants to speak with you about a sexual battery offense, DO NOT TALK TO THEM! Respectfully decline and contact my law office immediately.

Why do I advise this? If the police had enough evidence to arrest you right now you would be behind bars. In a lot of sexually related offenses, all the cops have is the alleged victim’s word. They are waiting on you to give them the details they lack. Do not do their job for them. If law enforcement wants to talk to you it means they already think you are guilty but they do not have enough to arrest you.

The police are clever and know more than they will tell you. Their job is to secure an arrest by any means necessary. This means that they can trick you, persuade you and give you false hope that they are going to help you. Do not be fooled by a “good cop” routine.

If you have been contacted by law enforcement about a sexual crime, call me right away at (850) 243-6097. Do not assume this will just go away. Start taking steps now to protect yourself.

How can you defend me against a Capital Sexual Battery Charge in Fort Walton Beach?

Defending these cases requires an approach gained from years of experience. Often, there is very little to no physical evidence and only the testimony of the alleged victim. Because the accuser in these cases is a minor, it is imperative that your defense be tailored specifically to the allegation.

With the stakes being LIFE in prison, I take the approach of preparing for trial from day one. I explore all of the evidence (or lack thereof), conduct background investigations, interview witnesses, depose any witnesses (to include the alleged victim), review the child protection reports and interviews and asses law enforcement’s involvement. In these cases, I don’t just focus on the alleged victim’s story. I also look at the entourage of counselors, child protection agents and law enforcement to evaluate the case. Some of the areas I explore include:

  • Inconsistencies, conflicting accounts and improper procedure.
  • Can the State prove the allegation against you? I don’t assume anything.
  • I will argue to limit the “story” the State wants to portray and force your story to be heard.
  • Combat the State’s perception with an alternative account.
  • Explore the potential for false allegation by the victim.
  • Explore the possibility of involvement from other persons.

This allegation is what I call a life changer. If you are faced with a Capital Sexual Battery crime in Fort Walton Beach, you need experience and sound advice immediately. The State is waiting to put you away for the rest of your life and they have the resources and drive to make that happen.

What makes you different from other attorneys?

Just because all attorneys go to law school does NOT make all attorneys the same. The level of skill it takes to defend this charge is higher than just about any other criminal charge in Fort Walton Beach. Many criminal attorneys refuse to handle these cases simply because the stakes are too high, or an attorney without the required level of experience will take the case even though they aren’t qualified just to get your money.

In all sexually related charges in Okaloosa County, the State utilizes a specialized prosecution team based out of the Children’s Advocacy Center. The prosecutor that will be assigned to your case is specifically trained and works only in cases involving sexual allegations against children. Because of this, you will need to ask yourself whether a general practice criminal lawyer has the expertise to defend you against the State’s most experienced and highly trained prosecutors.

I have been defending sexually related cases since 2001. I have developed specific strategies to fight these cases. I have used these strategies in the past to win these cases at trial.

Because I prepare every sex offense case from day one for trial, I am ready to meet the State head-on and fight on your behalf. I have built a reputation with these cases as being a defense attorney who doesn’t back down.

If you or a loved one have been accused of Capital Sexual Battery in Fort Walton Beach, call me today at (850) 243-6097. The consultation is free and it will be kept strictly confidential.

Florida Association of Criminal Defense Lawyers, Inc.
NORML
National Association of Criminal Defense Lawyers
Avvo Clients Choice 2014
The National Trial Lawyers