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SARASOTA SEXUAL ASSAULT ATTORNEY

Get Help from an Experienced Sarasota Sexual Assault Attorney 24/7

Sexual assault is a serious criminal offense under Florida law. Individuals charged with rape, attempted rape and other forms of sexual assault can face felony charges, and, in the most serious cases, sexual assault is subject to capital punishment. In other cases, defendants can face years or decades behind bars. Some offenses even require a minimum mandatory sentence of life in prison without the chance of parole and can result in the death penalty. Avoiding unnecessary consequences requires representation from a highly experienced Sarasota sexual assault attorney. If you are facing a sexual assault charge, you should speak with an attorney right away.

What Constitutes Sexual Assault in Florida?

Florida law establishes several different forms of sexual assault. Technically referred to as “sexual battery” under Section 794.011 of the Florida Statutes, sexual assault is defined as:

“[O]ral, 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.”

Crucially, consent is not a defense to sexual assault charges in all cases. While lack of consent is required in cases involving allegations of sexual assault perpetrated against an adult, it is not necessary in cases involving victims who are minors (in most cases). As a result, defendants facing sexual assault charges must be extremely careful to ensure that they understand the specific provision of Section 794.011 under which they are being charged. When you choose Fowler Law Group, our Sarasota sexual assault attorneys will carefully review your charges and the facts of your case to identify the defenses you have available.

Just as consent is not required in all cases, penetration is not necessary in all cases either. Under certain provisions of Section 794.011, attempted sexual assault resulting in physical injury is subject to the same penalties as sexual assault.

What are the Penalties for Sexual Assault in Florida?

In Florida, the penalties for sexual assault are determined based on the severity of the offense. Broadly speaking, sexual assault charges fall into four categories:

  • Capital Felony Sexual Assault – Sexual assault committed by a defendant who is 18 or older against a victim under the age of 12 is a capital felony. This means that a conviction can carry the death penalty.
  • Life Felony Sexual Assault – Sexual assault committed by a defendant who is under age 18 against a victim who is under the age of 12 is a life felony. Using a deadly weapon or physical force likely to cause serious personal injury also elevates sexual assault to a life felony.
  • First-Degree Felony Sexual Assault – Sexual assault can be charged as a first-degree felony under various circumstances. First-degree felonies carry up to 30 years in prison under Florida law.
  • SecondDegree Felony Sexual Assault – Sexual assault can also be charged as a second-degree felony under a variety of circumstances. When charged as a second-degree felony, sexual assault carries up to 15 years behind bars.

Speak with a Sarasota Sexual Assault Attorney in Confidence

If you are facing a sexual assault charge in Florida, we can help. Call 941-404-8909 or contact us online to speak with a Sarasota sexual assault attorney in confidence today.

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Fowler Law Group proudly represents the citizens of Sarasota and Manatee Counties as well as the surrounding Tampa Bay area. Our experienced team will help guide you through the judicial process and answer all of your questions with honesty and integrity. We understand the important nature of your call, and we will strive to return all calls within 24 hours. Contact us today by completing our online form or calling us at 941-404-8909.