For the past month or so, I have blogged about a number of different sex crimes including L & L Molestation, L & L Conduct, and Sexual Battery. All of these charges are regularly prosecuted in Fort Walton Beach, Crestview, Niceville, Navarre, and throughout Okaloosa and Santa Rosa County.
This week, I will discuss the most serious sexually related offense in the State of Florida: Capital Sexual Battery.
In the State of Florida, what constitutes a Capital Crime?
A crime that can be punished with a sentence of either life imprisonment with parole, or a death sentence, is classified as a Capital Felony. An adult charged with first-degree murder, for example, may receive a death sentence or a life sentence in prison if convicted. With capital sexual battery, the defendant faces a mandatory life sentence if convicted.
What is the difference between Sexual Battery and Capital Sexual Battery?
Sexual Batteryis defined as, “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.”
If the defendant was 18 years old or older, and the victim was 12 years old or younger, then the case could be prosecuted as Capital Sexual Battery.
In other words, it is the age of the alleged victim that could potentially enhance a Sexual Battery charge to a Capital Sexual Battery charge.
If you are convicted of Capital Sexual Battery, you face a mandatory sentence of LIFE in prison. That is a life sentence with no possibility for probation or parole.
I haven’t been arrested yet, but the police want to talk to me?
In sex cases, this is very common. The most important advice I can give you is
These cases often come down to a he-said, she-said situation. The police will be looking to trick you into saying something incriminating.
If someone has made an accusation against you, or you think someone is about to accuse you, don’t just sit back and wait! Getting an experienced defense team involved early on could potentially result in keeping any charges from being filed.
How do you defend a Capital Sexual Battery charge?
You can’t really be defensive in these cases. You must take the offensive and be prepared to fight the accusation aggressively.
It is very important to limit the prosecution’s witnesses, their arguments, and their overall theory of the case. It is very important to conduct a full, thorough background investigation into the alleged victim to determine what motives there might be, for example, to make a false accusation.
There usually isn’t a lot of physical evidence in these cases, so we will focus on each individual witness, including the most important one, the alleged victim.
How do I pick the right defense team to represent me?
With stakes this high, you need the very best, most experienced and creative, criminal defense team. The prosecutors assigned to these cases are experienced and specialize in sexually-based offenses, so you need a legal defense team that has the staff and resources to put up a fight.
Do not assume that these cases get dismissed because you know you are innocent and that the alleged victim is lying. You should seek an attorney at the very moment you think you may be in the midst of an investigation.
Do not wait. Police may try to question you and use any statement you say, no matter how irrelevant, and use it to support a certain version of facts in which they presuppose your guilt. Here at the Flaherty Defense Firm, we can advise you of what rights you have and can offer sound guidance during difficult times.
You need someone on your side who will fight back hard.
You need someone on your side who knows how to win these cases.
Choosing the right Defense Team to defend you can make ALL the difference.
If you or a loved one has been accused of Capital Sexual Battery in Fort Walton Beach, Crestview, Niceville, Navarre, or anywhere in Okaloosa County or Santa Rosa County, call Flaherty Defense Firm at (850) 243-6097 for a free confidential consultation. We are available 24 hours a day, 7 days a week.
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