Sexual Battery Offender Under 18 Victim Under 12 Years of Age
It is unfair to simply label a person a “criminal” following an arrest or even a conviction for a criminal offense. The label unfairly lumps minor criminal defendants in with those that are found guilty of truly morally wrong offenses. A majority of people in Florida agree that offenses like possession of cannabis and other minor drugs should not even be criminal charges. Someone convicted of the crime of petit theft should not be bunched in with a person convicted of first degree murder.
Just below violent offenses like murder lie sexual offenses. Sex offenses fall under an umbrella of crimes that are treated severely by investigating police, prosecuting attorneys, and deciding judges. Sex offenses can run the gamut of crimes and include charges like possession of child pornography, solicitation of prostitution, and unnatural and lascivious acts. Within the category of sex offenses, there is a hierarchy of seriousness with correspondingly increasing penalties and exposure to prison time. Someone convicted, for example, of exposure of sexual organs would not be facing the same type of serious sentence that might befall a person charged with lewd and lascivious molestation. Anyone charged with any type of sex offense however, should not hesitate to contact a dedicated Sarasota criminal defense lawyer to aid them.Elements of Sexual Battery
Even within the statute prohibiting a single offense, there can be different levels of punishment. One law that is a prime example of this practice is the sexual battery law under Florida Statute 794.011. Under the statute, any person who penetrates the vagina, anus or oral cavity of another with his or her own sexual organ or another object, commits the offense of sexual battery. However, the potential punishment received for a conviction of sexual battery depends on the specific facts of the case. Regardless of the level of offense however, a conviction for sexual battery will often carry significant prison time.
In the middle of the sexual battery offense levels is the offense of sexual battery by a person under the age of 18 with a victim under the age of 12. This specific offense punishes juvenile offenders who are charged with committing a sexual battery on a prepubescent child victim. Unfortunately, the legislature decided not to consider the youth of the actual offender who is accused of the offense in formulating the sentencing possibilities. Most often, a juvenile charged under this statute will be tried as an adult and will be facing a maximum potential sentence of life in prison. Because there is essentially no maximum penalty for such an offense, prosecutors are free to run wild and seek insane prison sentences. Don’t fall victim to this aspect of the criminal justice system. If you or a loved one are charged with sexual battery, call an experienced Sarasota criminal defense lawyer immediately to find out what your options might be.
Sex offenses between two juveniles, with the victim under 12 years old most often occur in a family setting. The vast majority of these types of cases occur between two young family members. There are often very many evidentiary issues and other legal problems in such cases that can be exploited by a skilled defense lawyer. The one thing that most often hurts defendants in these types of cases however, is cooperation with the police. If a defendant admits to the crime, even under police pressure, that admission can usually be used against him or her in court and is often the most damning evidence. If the police show up to talk to you or your loved one, call a lawyer to intervene immediately.Speak to Our Attorneys Today
The lawyers at Hanlon Law have the skills and experience to draft the best possible defense in your case. Give yourself the best chance at freedom by consulting with us. Call today at 941.462.1789.