Arlington Sexual Battery Lawyer

Sexual battery occurs when a person allegedly sexually abuses another person, that abuse was against the other person’s will, and it was by force, threat, intimidation, or ruse. Aggravated sexual battery occurs when someone sexually abuses another person, against that person’s will, by force, threat, or intimidation, and causes serious bodily or mental injury to another person, or threatens to use a dangerous weapon. Whether the charges are for a sexual battery misdemeanor, or an aggravated sexual battery felony, an Arlington sex crimes lawyer with experience in sexual battery cases can help to contest the charges and mitigate potential penalties.

Severity of a Sexual Battery Charge in Arlington

Sexual battery is a serious charge, but it is not considered a violent offense. It is a misdemeanor. It is one of the few sexual offenses that is charged as a misdemeanor. However, even a misdemeanor can be punishable by up to a year in jail, $2,500 fine, probation, mental health and sexual offender evaluation, and any treatment that is required. Aggravated sexual battery is more serious and is treated as a felony.

There are serious consequences if you are convicted of sexual battery that can have a massive impact on the convicted person’s life.

The Importance of Hiring a Lawyer

For a sexual battery case, it is very important to hire an experienced Arlington sexual battery attorney who has handled these cases in the past. Having knowledge of how these cases are typically handled and what the potential outcomes are, making sure the police handled the investigation appropriately, and moving to suppress any evidence that might have been gained by the police in violation of the Constitution, is important. An experienced attorney can also discuss possible defenses with you, gather and collect evidence on your behalf, and if it ever goes to trial, can cross-examine the witnesses to show that the Commonwealth has not met the burden to prove their case beyond a reasonable doubt.

Penalties for Sexual Battery

Sexual battery is a Class 1 misdemeanor. The punishment is less than a felony, but it is still very serious. The maximum sentence is up to 12 months in jail and a $2,500 fine. A person can also be sentenced to probation, ordered to undergo a mental health and sexual offender evaluation, and ordered to obtain any treatment the court requires. The court will most likely order the an individual not to have contact of any kind with the victim, and can also bar them from returning to the location where the sexual assault occurred.

Aggravated sexual battery, which has just the one additional element, is a felony punishable by one to 20 years in jail and a fine of not more than $100,000. If convicted, the offender must register with the Virginia sex offender registry. In addition to any jail time and fines, the convicted individual will be on felony probation for several years to life. Being on probation will require frequent communication with your probation officer who can restrict travel and with whom you associate. Most of these offenses are serious offenses with harsh punishments upon conviction.

Aggravating Factors and How They Can Impact a Case

Aggravated sexual battery is a felony offense, as opposed to regular sexual battery, which is a misdemeanor offense. The difference between aggravated sexual battery and sexual battery is the added element that the sexual battery caused serious bodily or mental injury to the other person, or that the sexual battery was done by threatening to use a dangerous weapon against the other person.

Role of an Arlington Sexual Battery Lawyer

The role of an attorney is to put the person accused in the best possible position for the best possible outcome, either after a plea or at trial. Your Arlington sexual battery attorney will discuss your options, help build your case, and fight the charges. They will examine the state’s evidence and the police investigatory tools or techniques to make sure that they comply with the Constitution, among other things.