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

It is really very simple. If you are prosecuted for Rape or Sexual Battery in Fort Walton Beach, there are only three options for how the case will likely be resolved: The case will be dismissed, the case will go trial, or you will plead guilty and go to prison for a very long time. Since that last option is really not an option for most people, it is very important that you realize right away that you are in for the fight of your life if you want to stay out of prison.

When faced with these options, it should be clear that your choice of defense counsel becomes the most important decision you may ever make.

If you have been accused of Sexual Battery in Fort Walton Beach, you need a local criminal defense attorney with extensive trial experience and a track record of success in defending these very difficult and complicated cases. An attorney who doesn’t shy away from a fight and who has won these cases before.

Sexual Battery or Rape under Florida Law

According to Florida Statute 794.011, in order for someone to be proven guilty of Sexual Battery, the State must prove the following beyond a reasonable doubt:

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.

Depending on the particular facts and circumstances of the case, Sexual Battery or Rape in Fort Walton Beach and throughout Florida is a felony offense with a potential prison sentence ranging from 15 years to LIFE. However it is charged, you will face a minimum sentence of many years in prison.

Defending you. Not judging you.

My motto in these cases is simple: Every client is worth fighting for. No matter what you are accused of doing, you have rights and you deserve to be treated as a human being. You deserve to be defended.

If you are looking for someone who knows how to win Sexual Battery cases, you have come to the right place.

What is the most important advice you can give to someone being investigated for Sexual Battery?

Don’t talk to the police. Not for any reason. By the time the police knock on your door and ask for “your side of the story” they have already talked to the alleged victim and believed his/her story. That means they have already decided that you are guilty. Politely tell the police that you will not answer ANY questions and tell them to call your attorney.

I have talked to several clients in the past who were being investigated for Sexual Battery and I gave them this advice. They followed my advice, and guess what happened: they were never even prosecuted. Why? Because all the police had was someone’s accusation that wasn’t supported by any other evidence. Following this simple advice could mean the difference between the case going away and you going away.

What defenses are there to Sexual Battery?

No two cases are the same, so I will need to meet with you and talk about the specifics of your case before I can tell you what the defense might be.

Here are two common defenses that I have used with great success in Sexual Battery cases:

Consent

If I can argue that the alleged victim agreed to the sexual act in question, that could mean a dismissal of all charges, or a not guilty verdict at trial. One thing to keep in mind: once you argue consent, the burden of proof shifts to you to prove that the alleged victim agreed to the sexual contact. This can be very tricky in cases where the alleged victim was passed out or otherwise incapacitated.

False Accusation

If you tell me that the alleged victim is lying, then I need to dig into his/her background to find out why they would make something like this up. If I can find the motive for them to lie, it can lead to a dismissal or a not guilty verdict at trial.

I have used both of these defenses to win Sexual Battery cases at trial. I am not guaranteeing the same result in your case, but I do guarantee the same level of effort and expertise if I am trusted with your defense.

Your Fort Walton Beach Sexual Battery Attorney

If you think there is even the slightest chance that you are being investigated for Sexual Battery or any other sexual offense in Fort Walton Beach, I want you to call me right away. I will see what details I can find out about the accusation, and I will give you some advice about what steps to take right now to protect yourself.

If you are being accused of Sexual Battery in Fort Walton Beach, call me right away at (850) 243-6097 so we can start building your defense.

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