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Sexual Battery

Sexual battery is more commonly known as rape and is also referred to as sexual assault in other jurisdictions. It is perhaps the most serious sex crime that a person can be accused of, and prosecutors will typically seek maximum punishments for alleged offenders.

The consent of an alleged victim can often be a major point of contention in these cases, as many individuals accused of sexual battery claim that the alleged victims willingly agreed to sexual conduct. Whether allegations are exaggerated or even completely fabricated, one of the worst things any alleged offender can do when suspected of sexual battery is attempt to speak to authorities without having legal representation.

Lawyer for Sexual Battery Defense in Miami, FL

If you think that you might be under investigation or you were already arrested for alleged sexual battery in South Florida, it is in your best interest to not say anything to police officers or detectives until you have legal counsel. Hubbs Law defends clients all over Miami-Dade County accused of sex crimes, including Homestead, Coral Gables, Miami, Hialeah, Miami Gardens, and many other nearby towns, villages, and unincorporated areas.

E.J. Hubbs is a criminal defense attorney in Miami who is Board Certified by the Florida Bar in criminal trial law. He can provide a complete evaluation of your case when you call (305) 615-5945 to set up a free, confidential consultation.


Miami-Dade County Sexual Battery Information Center


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Definitions Relating to Sexual Battery Crimes in Florida

Florida Statute § 794.011(1)(h) defines sexual battery as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.” This definition does include an act done for a bona fide medical purpose.

Some of the other important terms that are defined under this statute include:


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Sexual Battery Penalties in Miami

Sexual battery is always a felony offense in Florida, but the grade of felony depends on certain factors. Under Florida Statute § 794.011, sexual battery is classified as follows:

Sexual battery is a third-degree felony offense punishable by up to five years in prison and/or a fine of up to $5,000 if an alleged offender less than 18 years of age solicits an alleged victim to engage in any act which would constitute sexual battery.

Sexual battery is a second-degree felony offense punishable by up to 15 years in prison and/or a fine of up to $10,000 if:

Sexual battery is a first-degree felony offense punishable by up to 30 years in prison and/or a fine of up to $10,000 if:

Sexual battery is a life felony offense punishable by a minimum of 30 years up to life in prison and/or a fine of up to $15,000 if:

Sexual battery is a capital felony offense punishable by the death penalty if an alleged offender 18 years of age or older commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, an alleged victim less than 12 years of age.


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Florida Sexual Battery Resources

Miami-Dade Police Department | Victim Advocates — Victim Advocates within the Miami-Dade Police Department's Special Victim's Bureau (SVB) assist victims of sex crimes by facilitating services and serving as liaisons to community agencies and the criminal justice system. On this website, you can learn more about victims' rights, what to do after a sexual assault, and talking about sexual assault. You can also find myths about sexual assault and answers to frequently asked questions.

Miami-Dade Police Department
9105 Northwest 25th Street
Doral, FL 33172

(305) 476-5423 (4-POLICE)

Men and Women United In Justice Education and Reform (M.U.J.E.R.) — M.U.J.E.R. Inc. is a nonprofit community-based social service organization that provides a number of one-stop certified sexual assault center services. Visit this website to learn more about the certified sexual violence center services, the organization’s partnerships, and additional information on sexual assault. You can also read testimonials and find information on upcoming events.

MUJER Main and Administration Office
27112 S. Dixie Hwy.
Naranja, FL 33032
(305) 247-1388


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Hubbs Law | Miami Sexual Battery Attorney

Were you arrested or do you believe that you could be under investigation in South Florida for alleged sexual battery? Do not make any kind of statement to authorities until you have first contacted Hubbs Law.

Miami criminal defense lawyer E.J. Hubbs represents clients in Aventura, Palmetto Bay, Miami Beach, Doral, Cutler Bay, and several surrounding areas in Miami-Dade County. Call (305) 615-5945 or submit an online contact form today to receive a free consultation that will let our lawyer review your case and help you understand your legal options.


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