(352) 593-4115

120 N Broad St #100
Brooksville, FL 34601

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Sexual Battery / Assault

In Florida, as in the majority of the rest of the country, sexual battery is a red-button issue. More commonly known as sexual assault and rape, it is a crime that the prosecution takes very seriously when pursuing an alleged offender. As such, you should be prepared to defend yourself just as fiercely. No matter the circumstances of your sexual battery case in the Hernando County area, as an American citizen you still have rights. Working with an experienced sex crime defense attorney in Brooksville can help you ensure these rights are protected.

Sexual Battery or Assault Defense Lawyer in Brooksville

A charge for sexual battery in Florida is a felony with serious penalties. If you have been charged with sexual battery, sexual assault, or rape in Brooksville, Spring Hill, North Weeki Wachee, High Point, Hernando Beach, Hill 'n Dale, Inverness Highlands, Sugarmill Woods, Lecanto, Wildwood, Lake Panasoffkee, Bushnell, or the surrounding areas, contact Ashley M. Aulls, P.A. to being protecting your rights. When considering a Hernando County sex crime defense attorney as part of your defense strategy, it is best to contact him as soon as possible after your arrest.

With a family history of successful legal professionals and 15 years of his own experience, skilled and knowledgeable Brooksville criminal defense lawyer Ashley Aulls knows what it takes to protect rights and fight for favorable outcomes in even the most controversial of cases. He treats every criminal defense client with dignity and respect, ensuring they are educated on their offense and that open lines of communication are maintained.

To find out more about what Ashley M. Aulls, P.A. can do for your sexual assault case in the Brooksville or Spring Hill area, call (352) 593-4115 today and schedule your initial case consultation.


Definition of Sexual Battery and Assault in Florida

Also commonly known as rape, sexual battery or sexual assault is governed by Fla. Stat. Ā§ 794.011. This law defines sexual battery as when there is oral, anal, or vaginal penetration by or union with the sexual organ of another or any other object. This excludes any act performed for a bonafide medical purpose. The classification of this offense depends on the age and relationship of the offender and victim, as well as the circumstances of the case. Generally, however, sexual battery, sexual assault, or rape refer to an offense committed on a person 12 years of age or older under the following circumstances:

  • Victim is physically helpless to resist
  • Rape by coercion through threats
  • Victim is administered intoxicating substance, such as GHB, which incapacitates him or her by the offender or other involved party
  • Victim is mentally defective and alleged offender knows or has reason to believe this fact
  • Victim is physically incapacitated
  • Sexual battery without the victim's consent, without physical force or violence

Consent under chapter 794 of the Florida Statutes is the intelligent, knowing, and voluntary consent of the person and does not include coerced submission. It shall not be deemed consent when the alleged victim fails to provide physical resistance to the alleged offender. No matter the circumstances of the case in which you have been charged with sexual battery/assault in the Hernando County area, the services of an experienced sex crime defense attorney in Brooksville are strongly recommended.


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Florida Penalties for Hernando County Sexual Battery and Assault

How severe the penalties you face for a sexual battery conviction in Florida are depends on the circumstances of the case. Generally, a sexual assault charge is considered a first-degree felony. This includes circumstances when the person is 12 years of age or older and the offense involved the victim being unable to resist for any reason, threats of violence or retaliation, the involvement of a date-rape drug, or the alleged offender is a law enforcement officer or in a similar position of authority.

If, in the process of the sexual assault or battery on a person 12 years of age or older without his or her consent, the alleged offender doesn't use physical force or violence, it is a second-degree felony charge. The use of a deadly weapon or deadly physical force in the commission of a sexual battery offense on a person aged 12 or older without his or her consent is a life felony.

It is also a life felony for a person under 18 to commit sexual battery on a person less than 12 years old, or to injure the alleged victim's sexual organs in an attempt to commit sexual battery. Anyone 18 years or older who commits sexual battery or rape on a person under 12, or injures the alleged victim's sexual organs in a sexual assault attempt, can be found guilty of a capital felony.

Willingness and consent of the alleged victim is not a defense in sexual assault cases involvingĀ  an alleged offender in familial or custodial authority of a person less than 18 years of age. In this scenario, the solicitation of the minor by the adult to commit an act of sexual battery is a third-degree felony, while actual sexual battery in this instance is a first-degree felony. It is a capital or life felony under these circumstances of familial or custodial authority for the adult to engage in sexual battery with a minor younger than 12, or to injure the victim's sexual organs in an attempt.

In Florida, felonies come with sanctions like the loss of certain civil rights like the right to own a gun or vote, as well as the inability to pursue certain educational and professional opportunities. Additionally, the class of felony determines the presumptive sentencing for the crime. The presumptive maximum penalties for the different felony sexual assault offenses are as follows:

Second-Degree Felony Sexual Assault/Battery/Rape

  • $10,000 fine
  • 15 years in prison

First-Degree Felony Sexual Assault/Battery/Rape

  • $10,000 fine
  • 30 years in prison

Life Felony Sexual Assault/Battery/Rape

  • Life in prison without parole

Capital Felony Sexual Assault/Battery/Rape

  • Death penalty or life in prison without parole

As you can see, the penalties for sexual battery, also known as sexual assault and rape, are extremely punitive. However, as a U.S. citizen you have certain rights, and are innocent until proven guilty. An experienced Brooksville area sex crime defense attorney can fight to protect your rights and your future during the Florida criminal process for your sexual assault charge.


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Ashley M. Aulls, P.A. | Sexual Battery and Assault Defense Attorney in Hernando County

If you have been arrested and charged on a sexual battery charge in Spring Hill, Brooksville, Timber Pines, Homosassa Springs, Floral City, Bushnell, or anywhere else in Hernando County, Citrus County, or Sumter County, don't waste any time. Contact Ashley M. Aulls, P.A. to immediately begin your defense. Ashley Aulls is an experienced Brooksville criminal defense attorney with 15 years of service fighting for clients like you. Call (352) 593-4115 today and schedule a consultation.

This website was created solely for general information purposes. It is not intended to provide official legal counsel for any situation. Only a licensed attorney in Florida can provide you with official legal guidance after learning the details surrounding your case. Contacting Ashley M. Aulls, P.A. through e-mail, fax, phone, or other medium, does not form an attorney-client relationship.