Fairfax Sexual Battery Lawyer
If you have been accused of sexual battery in Virginia, you will want an experienced Fairfax sexual battery lawyer by your side, fighting to clear your name. Our Fairfax sexual battery lawyers understand that these charges can have serious consequences and that your future may depend on the quality of the defense you receive. Contact a sex crimes lawyer in Fairfax today.
Our attorneys take the time to investigate every aspect of your case, analyzing the evidence against you and determining whether any defenses for your alleged conduct may apply. If your Fairfax sexual battery lawyer discovers that any evidence against you is fabricated, contaminated, mishandled, incomplete, or conflicting, your attorney may be able to have that evidence barred from being used against you by the prosecutor.
Sexual Battery Charges in Virginia
There are several types of sexual battery charges in Virginia, including aggravated sexual battery and infected sexual battery.
Sexual battery is a Class 1 misdemeanor defined under Virginia Code 18.2-67.4 as sexually abusing a person against their will by use of force, threat, intimidation or deception. If a corrections officer, probationer or parolee sexually abuses an inmate, this would also constitute sexual battery, even if the inmate consented. A person convicted of sexual battery can face up to a year in jail and $2500 in fines.
Our Fairfax sexual battery lawyers understand that while a misdemeanor sexual battery may not carry the same harsh penalties as those for aggravated sexual battery, this type of conviction can still wreak havoc on your life, reputation and future opportunities.
The Fairfax sexual battery attorneys in our office treat each case with uniquely tailored care and precision.
Aggravated Sexual Battery
Aggravated sexual battery occurs when the victim is especially vulnerable – a child or a mentally or physically incapacitated person, for instance. A sexual battery can also be considered aggravated if the accused was a step or natural parent or grandparent of a minor victim, or if the battery involved a deadly weapon, or serious injury to the victim, under Virginia Code 18.2-67.3. Aggravated sexual battery is a felony punishable by up to 20 years in prison and $100,000 in fines.
Infected Sexual Battery
A person can be charged with infected sexual battery if he knows he is infected with HIV, AIDS, syphilis or Hepatitis B and engages in sexual acts with another person with the intent to transmit the infection. This offense is considered a Class 6 felony punishable by up to five years in prison.
When a person knows he is infected with one off the above conditions and engages in sexual acts with another person without disclosing the infection, this constitutes a Class 1 misdemeanor under Virginia Code 18.2-67.4:1. A person can be found guilty of this offense without having the intent to transmit any infection.
Proving intent to transmit an infection, or a failure to disclose infection status prior to sexual activity, can be difficult for a prosecutor to establish. Your Fairfax sexual battery lawyer can carefully analyze any evidence and testimony against you and point out flaws to the court.
Consult an Experienced Fairfax Sexual Battery Attorney
No matter what type of sexual battery you have been charged with, a Fairfax sexual battery lawyer can help by mounting a strong defense in your favor. The sooner you consult your sexual battery attorney in Fairfax, the sooner he can begin investigating and refuting any evidence against you, identifying exculpatory evidence, and determining whether defenses apply.
While facing a sexual battery charge can be frightening, having an experienced Fairfax sexual battery lawyer on your side is the most important step you can take toward getting your life back on track.