When the Investigation Begins. This often occurs due to the stigma attached to sex offenders. A Columbus sex crimes attorney from Luftman, Heck & Associates will review your case and provide counsel on how to proceed. 0862 defines a "authority figure" as any person who is 18 years old or older and is employed by, volunteering at, or under contract at the school. If you are facing a sexual battery allegation, you need an experienced criminal defense lawyer to fight against sex crime false accusations. A person who is convicted of sexual battery and is required to register as a sex offender may experience a lifetime of discrimination or harassment. During this interview, investigators check to see how closely your answers align with the alleged victim's story. Aggravated sexual battery covers circumstances that are considered more egregious under Tennessee law. Class C: sexual battery by an authority figure, incest. Our Firm Is Top-Rated & Award-Winning. What is sexual assault? Grabbing or fondling a survivor's breast. Utilizing his insight as a former prosecutor, Bernie McEvoy can examine the case against you for potential weaknesses and help you evaluate your options. If convicted of aggravated sexual battery as a Class B Felony, the sentence is 8 to 30 years in prison and a fine up to not more than $25, 000.
A few examples of an authority figures as defined under Florida law include: - Teachers; - ESL teachers and assistants; - Principals; - Vice principals; - School nurses; - Coaches; - Volunteer coaches; - Cafeteria workers; - School librarians; - School bus drivers; - Custodians; - Field trip volunteers; - Construction workers at the school; - Student resource officers; - Guidance counselors; - PTSA members; and. Rape is a Class B felony – up to 30 years and $25, 000. If convicted, you could be facing expensive fines and even possible incarceration. It requires prosecutors to bring charges within a certain amount of time. For these reasons, it is essential for a person accused of sexual battery to secure competent counsel as soon as possible. In this case, the juvenile perpetrator is sentenced to 40-60 years in prison. There was no consent to sexual contact of an intimate part, sexual act, or sexual activity.
Johnny Houston and Bret Alexander are experienced criminal defense lawyers who are used to aggressively defending people accused of sex crimes. Because all crimes must be prosecuted under the statute of limitations that existed at the time of the offense, many Memphis rape cases — with only 8 years to prosecute — have been lost. In addition, a person convicted of sexual battery in Florida or another jurisdiction has to enter the sex offender registration program, which will affect the rest of this person's future life and freedom. This chart gives a general guideline as to what the maximum sentences are for particular situations. The anus or vagina of the victim would be penetrated by an object.
While the term "sexual battery" refers to criminal sexual touching in most states, a few states use the term to refer to the more serious offense of rape or criminal sexual penetration. Forcing a kiss on the mouth. After your release, you would have to register as a Sex Offender, which will limit where you can live and work. For example, if you were charged with internet solicitation of a child then you will face a third-degree felony. Knoxville, Tennessee 37901-0506,, &.
There are four specific statutory rape charges under Tennessee law: statutory rape, mitigated statutory rape, aggravated statutory rape, and statutory rape by an authority figure. At Mike G Law, we have handled clients charged with sexual battery cases where there was abundant evidence of guilt, but because we brought other factors to the attention of the prosecutor, the victim's family, and the court, our client was able to avoid a misdemeanor sexual battery prison sentence. We represent individuals accused of sex offenses in the Lebanon, TN area and many other communities across Middle Tennessee. My name is Tim Flaherty. According to Tennessee Code Annotated § 39-17-1005, it is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material, or possess with the intent to promote, sell, distribute, transport, purchase or exchange material, which includes a minor engaged in either sexual activity or simulated sexual activity that is patently offensive. A: In criminal cases, the statute of limitations stops when prosecutors file charges.
Effective Defense from an AV Preeminent* Rated Former Prosecutor with more than 25 Years of ExperienceGet Help Now. Christian School Principal Faces Slew of New Child Sex Charges After More Alleged Victims Found. Call us at (772) 291-2534 and we will begin charting out your defense plan. "Aggravated Sexual Battery" is sexual contact that causes physical harm to the victim that was accomplished through force, coercion, or a weapon. However, the offender could be charged with a felony if the survivor was physically harmed or if the offender was in possession of a deadly weapon at the time of the offense. I wish I could give Mr. González 10 stars out of 5. Notwithstanding title 40, chapter 35, a person convicted of a first or subsequent violation of this section shall be punished by a minimum period of imprisonment of twenty-five (25) years. The criminal penalties for sexual battery are harsh, but you also face long-term repercussions that will impact every area of your life, including: - Loss of reputation in your community. Florida laws enhance the penalties for sex crimes against students by authority figures due to the power the figure has over the minor in a school setting.
Statutory rape is the sexual penetration of a person classified as one of the following: - Mitigated Statutory Rape – a 15-17-year-old victim and a defendant at least 4-5 years older. The only exception to this rule is for sexual battery and video voyeurism cases because both have sections pertaining to penalties for committing these crimes as authority figures. Sexual penetration is penetration of the vagina with a body part or an object and sodomy refers to oral sex – contact between the mouth and penis or female genitalia – or penetration of the anus with a body part of object. Here is everything you need to know about Tennessee's sexual assault laws. Aggravated Sexual Battery. Chris Odle of the Bristol Tennessee Police Department is listed as a witness and is the only witness listed as being examined by the grand jury itself. Very professional, very punctual, easy to talk to. Specifically, rape occurs when a victim is compelled to participate in sexual intercourse against their will. What does physically incapacitated mean? Rape also occurs if a perpetrator knows the victim is mentally or physically incapacitated and still forces sexual penetration. Sexual battery occurs when a person comes into contact with another for sexual abuse, sexual gratification, or sexual arousal.
It is a third-degree felony and punishable up to 5 years in prison and a $5, 000 fine. When you need a fighter in your corner, we are here. Please make a contribution today. Do You Always Go to Prison if You're Convicted of Sexual Battery? While we have made every effort to ensure the information presented on our website is accurate and up to date, it is provided as a courtesy and for informational purposes only. Mike took care of my legal and civil case and was very helpful and Professional. A sex crimes conviction involving children could devastate your educational career. He can advise residents of Nashville, Franklin, and other areas in Davidson and Williamson Counties. Your future depends on a solid defense.
If you have been contacted by the police or an investigator, do not speak with them without the advice of an attorney. Remember, you don't have to answer their questions without your lawyer present. Types Of Sex Crimes In Tennessee. But thanks to his incredible talent, sheer strength of intelligence, and a strong heart to fight for an individual's values, I can now rest easy knowing that I will not have to suffer through the penal system. The statutory penalties alone are enough to be alarmed. If you are convicted, you could be sentenced to LIFE in prison. This includes unsolicited sexual touching or misconduct involving specific individuals. The state must also prove that, at the time of the offense: - The defendant was in a position of trust or had disciplinary or supervisory power over the alleged victim; or. What Does Florida Consider Sexual Crimes Against Students by Authority Figures? In sexual battery cases: Sexual battery, under TCA 39-13-505, is "unlawful sexual contact" without the consent of the victim. A conviction could mean steep fines that are thousands of dollars and since it's a felony level offense you could even be sentenced to years in prison. Each case's statute of limitations depends on the facts of the offense and the law that existed at the time of the offense. The term "student" refers to any person younger than the age of 18 years old enrolled in a school.
At Houston & Alexander, PLLC, our sex crime attorneys have the necessary experience, legal knowledge and skills to successfully fight the charges against you. Some of the defenses include: - Marriage: If you and the alleged victim are married, you cannot be charged with sexual battery in most cases. Fought very hard to get my husband the outcome he received. This article addresses sexual battery as a crime involving improper sexual touching and not one involving penetration. According to Tennessee Code Annotated § 39-13-531, Aggravated Rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is three years of age or less.
What Happens in a Sexual Battery Case? WATCH LIVE: Ice cream man faces double murder trial for seeking revenge on suspected robbers.