Federal Sexual Abuse

The state and federal governments of the United States have, for whatever reason, criminalized a vast majority of actions. Some criminal offenses, like possession of cannabis or driving with a suspended license, seem to exist solely to generate revenue for government. Our society continues to severely punish people who suffer from drug addiction instead of funneling resources toward rehabilitation or treatment. At the same time, criminal offenses like murder, and sexual battery exist to truly protect victims of violent crime and to enact retribution on those who commit such crimes. Regardless of the crime charged, anyone facing criminal offenses should consult with a dedicated Sarasota criminal defense lawyer.

An important distinction to remember if a person is facing any criminal charges is that both the Federal government and the local state government can bring the same or similar charges. Depending on the entity pursuing the criminal charges, the elements of the offense and the potential penalties could be vastly different. For defense lawyers, state court is less formal with more room for negotiation and typically more leeway to advocate for clients. Overwhelmed local prosecutors often don’t have the timer or resources to effectively prosecute every case that comes across their desk. Federal prosecutors on the other hand have a greater deal of control over their cases, a much smaller caseload, and vast resources at their disposal. This results in much more difficulty in effectively defending Federal criminal charges.

Among the criminal charges that can be brought by either Federal or State prosecutors are sexual battery or rape charges. The Federal Statute prohibiting sexual abuse at the Federal level is 18 United States Code 2242. Under the statute, a person commits the offense of sexual abuse if he or she causes another person to engage in a sexual act by threat or fear, or if the offender engages in a sexual act with another person while the victim is either incapable of appraising the nature of the conduct or physically incapable of communicating his or her unwillingness to engage in the sexual act. A person convicted under this section faces a maximum possible penalty of life in prison. The seriousness of the offense and the potential for serious penalties make it important that anyone charged with this offense contact a dedicated Sarasota criminal lawyer immediately.

The key difference between State and Federal charges lies in when and how a court can assert jurisdiction over the case. State charges are typically brought when a criminal offense occurs within the geographical boundaries of a single county or solely within the state. Offenses within the county will be prosecuted by the local State attorneys office. Offenses that cross county lines within the state will typically be prosecuted by the office of the statewide prosecutor. Federal courts most commonly assert jurisdiction over cases where the offense crosses state borders, such as in the case of international drug trafficking. In the case of sexual abuse, it is difficult to imagine how such an offense might cross state lines. In reality, Federal courts assert jurisdiction over cases like sexual abuse when the offense is committed in the maritime waters of the United States not under control of a state or within the territorial jurisdiction of the Federal government. Examples of territorial jurisdictions are national parks, Federal buildings, or Federal prisons.

The attorneys at Hanlon Law have decades of experience defending clients charged with State and Federal offenses. Our goal on each and every case is to achieve the best possible results for each individual client. Our experience, dedication, and work ethic allows us to plan and implement complex defense strategies for our clients cases. If you want to achieve the best results for your case, call us today for a consultation at 941.462.1789.