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If you have received charges for sexual battery, know that the role of a Virginia sexual battery lawyer can prove to be a significant factor in your case’s outcome. A dedicated criminal lawyer can provide you with a zealous defense and advocacy in your favor by using their skills to weaken the prosecution’s case. Become familiar with the information below so that you can make the most fully informed decision regarding your case.
Sexual battery under Virginia law is defined as unwanted touching that is sexual in nature against somebody’s will or with force and intimidation. It is important to note that sexual assault and battery are the same term–both are used interchangeably in Virginia. Under the law, sexual assault is not actually used as an official charge. For this reason, one could be charged with either sexual harassment or sexual battery. Reach out to a skilled defense attorney to learn more.
The courts take sexual battery very seriously here in Virginia. Sexual battery is usually charged with a Class One misdemeanor unless there is some type of aggravating factor. This factor would then make the charge a felony offense. Sexual battery is also considered as a violent offense–if convicted, it is possible for that individual to be considered a violent criminal. This charge carries a strong stigma with it, and if it is a felony offense, those convicted may suffer the extra stigma that accompanies felony charges when searching for future employment or housing opportunities.
When sexual battery is charged as a Class One misdemeanor offense, it can carry up to 12 months in jail as well as a fine of up to $2,500. If the sexual battery charge is aggravated and classified as a felony, it can potentially require one to 20 years in prison with a fine of up to $100,000. If the alleged victim is a minor, then a conviction would require the offender to register as a sex offender.
Examples of aggravating factors for a sexual battery charge include the age of the accuser or if the accuser possesses some kind of mental or physical incapacitation. If a type of trust relationship exists such as between family members like parents and kids, this situation would also be an example of an aggravating factor. These factors can make the charge much more serious and could bump it up to a felony level that would potentially carry much more time in jail.
It is important to consider consulting with an experienced Virginia sexual battery lawyer for this type of case because the charges are so complex. There are a lot of elements that need to be proven, several of which are up for discussion in front of a jury or a judge. Reach out to a trusted Virginia sexual battery lawyer today who can effectively mount a defense against your charges.
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