Understanding the Crime of Sexual Battery with a Weapon in Florida
The state of Florida is extremely aggressive when it comes to prosecuting sex crimes. The law imposes some of the harshest and longest sentences on anyone convicted of these criminal offenses. Sexual battery, also known as rape, is among the most aggressively prosecuted crimes in the state. The use of a weapon makes potential penalties even harsher.
Those who have been charged with sexual battery with a deadly weapon risk their freedom, well-being, and rights. In addition, you’ll be thrust into the spotlight as you defend yourself against these allegations. You will need the help of an experienced sex crimes attorney to fight against these felony charges and get the best possible outcome for your case.
Sexual battery and the use of a weapon in the state of Florida
Under Florida statute 794.011, an individual commits sexual battery if they make nonconsensual oral, anal, or vaginal contact with an unwilling person using their sexual organ or objects. Under Florida law, prosecutors can enhance forms of sexual battery based on the age of the victim, the violence committed during the incident, and other aggravating factors. One of those aggravating factors is the use of a weapon at the time of the incident. If you were carrying a weapon at the time you allegedly committed sexual battery, you could be charged with the following:
- Sexual battery with a deadly weapon – those who use or threaten to use a firearm, knife, bludgeon or other deadly weapon when committing sexual battery can face enhanced charges.
- Sexual battery likely to cause serious personal injury – this charge involves physical force that could have resulted in severe physical injury during the commission of a sexual battery.
- Sexual battery on a child – if the alleged sexual battery involves a weapon or a child under the age of 12, the offender could face 40 years to life in prison. Under new Florida laws, the state may even impose the death penalty.
Penalties for sexual battery with a deadly weapon
Under Florida’s Criminal Punishment Code, the crime of sexual battery with a deadly weapon carries a level 10 severity ranking. Offenders could serve a minimum sentence between 8 and 10.5 years in prison plus two years of sex offender probation, even if they have no prior criminal history. The maximum sentence for sexual battery with a deadly weapon is life imprisonment, lifetime sex offender probation, and a $10,000 fine.
In addition to a prison sentence, those convicted of sexual battery with a deadly weapon are subject to the following penalties:
- Serving the full sentence – those convicted of this crime are ineligible for credit based early release, also known as sentence remission, or time off for good behavior. Those convicted must serve the entirety of their sentence.
- Sex offender registration limitations – those convicted of this crime face permanent and mandatory registration as a sex offender, which severely limits their work and travel options.
- Permanent designation is a sex offender – federal rules prevent offenders from applying for removal from state or federal sex offender registration for any crime involving nonconsensual sexual interaction. This includes teenagers who have been convicted of sexual battery. They will remain on the sex offender registry for life.
Talk to a Tallahassee sex crimes attorney today
Luke Newman, P.A. represents the interests of Tallahassee residents who have been charged with serious sex crimes. Call our Tallahassee criminal lawyers today to schedule an appointment and we could begin preparing your defense immediately.
