Fredericksburg Sexual Battery Lawyer

As defined by Virginia state law, which controls Fredericksburg, sexual battery occurs when someone commits a sex act against another through forced intimidation or threat of force. It is considered a violent offense. It is a misdemeanor offense, and carries up to one year in jail and up to $2,500 fine. Somebody who commits a sex act on another person using force, intimidation, threat of force, or by trick can be convicted of sexual battery.

If you are facing charges of sexual battery in Fredericksburg, you need the help of a Fredericksburg sexual battery lawyer as early on in your case as possible. An experienced sex crimes attorney is going to be an essential asset, as they can begin your defense and fight for your rights throughout the case.

Differences from Sexual Assault

There is not much difference between sexual assault and sexual battery. Assault and battery are vague terms defined under Virginia law as an unlawful touching or attempted unlawful touching where somebody is put in unreasonable fear. Sexual assault could be the same thing as sexual battery as long as it is an attempted sex crime at the assault level. Assault is the imminent fear of a certain thing. An imminent fear of a sexual battery is charged as sexual battery for the purposes of Virginia law and warrants the attention of a Fredericksburg sexual battery attorney.

Classifications

A simple sexual battery is a misdemeanor offense and the authorities take it seriously. However, simple sexual battery is not a felony offense. Aggravated sexual battery is one step further, when it causes serious bodily or mental injury or a deadly weapon is threatened and is considered a felony offense.

Aggravating Factors

If there is a special relationship between the person charged and the victim, that can also make the offense aggravated, even if some of the other forced elements are not met. When somebody is a parent, grandparent, or otherwise in control of the individual, they could be charged with the aggravated element.

These aggravating factors impact the charge by making it a felony instead of a misdemeanor offense.

Sexual battery is a misdemeanor offense with penalties of up to one year in jail and up to $2,500 in fines. Aggravated battery is a felony offense with up to 20 years in prison and therefore requires the attention of an experienced sexual assault attorney in Fredericksburg.

Contacting an Attorney

There is so much on the line when facing charges, that a person charged with sexual battery must have a sexual battery attorney in Fredericksburg who has experience in these types of cases, or the person could be facing years in prison.

An attorney primarily will do a few important things. They can work on damage control at the onset of the case and work on protecting the individual’s reputation. They can build a solid defense for the trial of the case by taking apart all of the evidence. They can fight for their client’s rights from the beginning of their case.