Fairfax Sexual Battery Lawyer

A Fairfax sexual battery lawyer can provide legal representation if you have been accused of prohibited sexual behavior.  Aggravated sexual battery is classified as a violent sex offense in Virginia, and you are required to register as a sex offender if convicted. An attorney can help you try to avoid being found guilty or assist in trying to negotiate a plea agreement with reduced penalties.

Working with a Fairfax Sexual Battery Lawyer

Sexual battery cases often rely on he said/she said testimony. If your Fairfax sexual battery lawyer can help cast doubt on the prosecutor’s version of events, you should not be found guilty of the offense.  Consent is a defense to sexual battery, as is a lack of force or an absence of intent to commit the offense.

Each case is different and your Fairfax sexual battery lawyer can provide advice tailored to your specific situation so you can make informed choices about how to face your charges.

Sexual Battery Laws in Virginia

Virginia Code Section 18.2-64 defines the offense of sexual battery as a Class 1 misdemeanor. You may be found guilty of sexual battery for:

  • Intentionally touching the intimate body parts of another person or touching clothing covering someone’s intimate body parts
  • Using ruse, threats, force, or intimidation
  • With the intention of sexually molesting, arousing, or gratifying
  • Against the will of the person who is being touched.

Intimate body parts are defined in Code Section 18.2-67.10 as the genitals, breast, buttocks, groin, or anus.

You may also be charged with sexual battery if you force someone else to touch your intimate body parts or the intimate body parts of a third party, or if touching occurs while you are in certain positions of authority over the alleged victim such as a guard at a local correctional facility touching an inmate.

A Fairfax sexual battery lawyer can carefully review the arrest reports and allegations made against you.  In many cases, alleged victims may not be telling the whole story about the incident that occurred or the prosecutor may be unable to prove some element of the crime based on the available evidence. Remember, you are innocent until your guilt is proved beyond a reasonable doubt.

Felony Sexual Battery

Under certain circumstances, you may be charged with aggravated sexual battery. This is a more serious offense. The circumstances under which you can be charged with aggravated sexual battery are defined in Code Section 18.2-67.3. They include:

  • Sexual battery against a complaining witness who is under 13.
  • Sexual battery accomplished because the alleged victims is mentally incapacitated or physically helpless.
  • Sexual battery committed by a parent, step-parent, grandparent, or step-grandparent against a child age 13 to 18.
  • Sexual battery against an alleged victim age 13 to 15 that causes serious bodily or mental injury or that involves the use of a dangerous weapon.

It is also a felony to intentionally try to infect someone with certain sexually transmitted diseases including hepatitis B, HIV, or syphilis. Under Code Section 18.2-67.4.1, you can be charged with this offense if you know you have a disease and have sexual contact with someone with the intent to transmit the condition.

When you are charged with felony sexual battery, the serious penalties mean high stakes for your future. A Fairfax sexual battery lawyer could help you negotiate a plea agreement to reduce the charges.  If there are defenses to the accusations, your attorney will also help you explore your options for avoiding a conviction.

Penalties for Sexual Battery

Penalties for misdemeanor sexual battery generally involve up to a year in jail and a maximum fine of $2,500.  Penalties for aggravated sexual battery could involve between one and 20 years imprisonment and a fine up to $100,000.

Penalties for conviction of infected sexual battery include between one and five years in prison and a $2,500 fine. However, if you did not intend to transmit the infection but were aware you had an STD that you did not disclose to your partner, you may be charged with a misdemeanor offense and will face up to a year in jail as well as a potential $2,500 fine.

Repeat offenders can face more serious penalties.  Your attorney can help you to argue for a lenient sentence if you are convicted based on mitigating factors.

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