DEFENDING SEXUAL BATTERY CRIMES
In Virginia, there are several crimes that can be charged under the sexual battery category. All are complex and serious legal situations since they include both sexual and violent components. It means that being charged with these emotionally charged crimes can have long-term effects on your life, even if you are found not guilty.
The law directs judges to examine a number of factors including the defendant’s criminal history and his/her acceptance of responsibility when setting a punishment. The federal law criminalizing sexual assault sets a maximum sentence of 20 years in prison and also provides fines. In addition, the law provides that those convicted of sexual assault must compensate their victims for any expenses directly related to the crime. This can include costs for physical or occupational therapy, medical care, attorney’s fees, and other related expenses.
Generally, assault and battery in Virginia is a misdemeanor offense that carries up to 1 year in jail. However, if the victim of the assault is a police officer, a corrections officer, or other public safety representative, the charge is elevated to a Class 6 felony and carries a minimum of 6 months in jail. Rape is a type of sexual battery usually involving sexual intercourse which is initiated by one or more persons against another person without that person’s consent.
Simply, using the threat of force without touching the victim or employing intimidation or trickery may result in the accused being only charged with simple sexual battery.
Upon a guilty judgment of felony aggravated sexual battery in Virginia, the perpetrator faces 1 to 20 years in prison and a fine of up to $100,000.
If a defendant’s charge is enhanced by certain aggravating circumstances, then a defendant could either be charged with a higher misdemeanor battery offense like domestic battery or a felony level offense like committing battery on a peach officer. An aggravated sexual battery charge in Virginia can range from a couple of years in prison to life in prison.
The special situations that make aggravated sexual battery penalties more severe are carnal knowledge of a child between 13 and 15 years old when the individual committing the offense is over 18 years old, carnal knowledge of certain minors, crimes against nature, adultery or sexual intercourse with the individual’s own child or grandchild, taking indecent liberties with a child, rape, forcible sodomy, object sexual penetration, abduction with intent to defile, and conspiracy to commit any offense listed above.
Under some conditions, Virginia law states that you have to get the maximum sentence authorized by law when sentenced of aggravated sexual battery. The statute allows no possibility for having any portion of your sentence suspended. This provision sets in if you have a previous sentence for aggravated sexual battery in Virginia or another felony sexual assault offense.
If you need the help of an aggravated sexual battery lawyer in Virginia in Fairfax, Prince William (Manassas), Fauquier (Warrenton), Loudoun (Leesburg), Caroline, Stafford, Spotsylvania (Fredericksburg), Chesterfield, Henrico, Arlington, Richmond, Alexandria, Warren (Front Royal), Clarke, Shenandoah, King George, Charles City, Frederick (Winchester), Fredericksburg, Gloucester, Hanover, Hopewell, James City, King & Queen, King William, New Kent, Newport News, Petersburg, Prince George, Rappahannock, York, call our law firm immediately for help and speak to a lawyer about your options. A
The SRIS Law Group can help you best possible outcome based on the facts of your case. If you wish to consult an SRIS Law Group, P.C. aggravated sexual battery attorney in Virginia, call us at 855-696-3348.