Confidently Defend Against Capital Sexual Battery Charges
Capital sexual battery, as defined by Florida law, occurs when an adult commits sexual battery on a minor. This offense is one of the state's most severe, with significant legal and personal ramifications. A conviction can lead to life-altering consequences.
Given the gravity of these charges, it is imperative for anyone accused to seek legal representation immediately. A skilled capital sexual battery attorney in Sarasota can be crucial in safeguarding your rights, addressing violations, and beginning the process of building a robust defense.
At the Law Offices of Eric Reisinger, P.A., we understand the complexities and sensitivities involved in defending against capital sexual battery allegations. With our team on your side, you can trust that we will fight fiercely for your rights and vigorously defend your innocence. Our firm brings over two decades of experience to every case, including invaluable insights from Attorney Eric Reisinger's tenure as a former prosecutor. We provide personalized, strategic representation tailored to the unique circumstances of your case.
The Elements and Penalties of Capital Sexual Battery
Florida Statutes § 794.011 enumerates capital sexual battery offenses. Understanding the legal framework surrounding these charges is crucial for anyone facing such serious allegations.
The prosecution has the burden of proving beyond a reasonable doubt the following elements:
Sexual conduct: The accused committed a sexual offense involving penetration of the anus or female genitals with a sexual organ or object or contact with the mouth. Obtaining the alleged victim's consent is not a defense to this crime.
Circumstances: The accused committed the offense against a minor, or in attempting to commit the offense, the actor injured the sexual organs of the alleged victim, who was a minor.
Age: The alleged victim must have been under 12 years of age at the time of the offense, and the actor must have been 18 years of age or older. Ignorance of the alleged victim's age or the alleged victim misrepresenting their age is not a valid defense.
The potential penalties and consequences upon conviction for capital sexual battery are severe. This offense is a capital felony, which means the punishment can include death if the prosecutor seeks the death penalty and the court holds a hearing to determine its appropriateness. If the death penalty is not sought, the punishment is life imprisonment without eligibility for parole.
Crafting a Defense Against Charges
Building a robust defense against capital sexual battery charges requires strategic planning and proactive action. From the moment allegations arise, taking swift and decisive action is essential to protect your rights and preserve crucial evidence. You can begin laying the groundwork for a comprehensive defense strategy to pursue an optimal result by engaging a lawyer early in the process.
Capital sexual battery cases do not have a one-size-fits-all approach to defense. Each presents unique circumstances and challenges, requiring tailored strategies to counter the prosecution's arguments effectively.
Possible defense tactics may include the following:
Challenging the reliability of witness testimony
Disputing the validity of forensic evidence
Highlighting inconsistencies in the alleged victim's account
By thoroughly analyzing the details of your case and exploring all available avenues of defense, a lawyer can craft a proactive and effective strategy.
Entrust Your Case to an Experienced Firm
With a track record of defending against serious charges, the Law Offices of Eric Reisinger, P.A. brings extensive trial experience. We conduct thorough investigations, leveraging our knowledge from years of experience on both sides of the courtroom. By identifying weaknesses in the prosecutor's case and crafting tailored defense strategies, we work toward favorable results for our clients.
If you are facing allegations of capital sexual battery in Sarasota, schedule a consultation with our attorney by calling (941) 541-5335 today.
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
Not Guilty Verdict2016 CF 004875 NC – Life Felony Second Degree Murder
Not Guilty Verdict2017 CF 000169 – Life Felony Armed Robbery
Successful Resolution2017 CF 002479 AX – 15 Counts of Possession of Child Pornography
Not Guilty Verdict2017 MM 11498 – Misdemeanor Battery and Misdemeanor Sex Offense -Unnatural and Lascivious Act
Case Dismissed2018 CF 000323 – Two Counts Felony Battery on a Person 65 or Older
Case Dismissed2018 CF 002675 AX–Felony Battery on a Person 65 or Older
When you hire the Law Offices of Eric Reisinger, PA to defend you on a criminal charge, we will conduct a full investigation of the circumstances leading to your arrest. As a former prosecutor at the State Attorney’s Office, Attorney Reisinger has in-depth knowledge and understanding of how the state prepares and presents its cases.
