Two Decades Of Criminal Defense Experience

An Aggressive Sexual Battery Criminal Defense Lawyer In Clearwater

Last updated on March 20, 2025

Allegations of sexual battery or rape are serious. My name is Jenna Finkelstein, and I have dedicated my legal career to criminal defense. I am an aggressive defense lawyer, especially when it comes to sexual offenses. At my firm, Finkelstein Firm, P.A., in Clearwater, I provide comprehensive defense strategies for my clients in the Tampa Bay area who have been accused of sex crimes like sexual battery or rape.

What Is The Definition Of Sexual Battery?

In Florida, sexual battery is commonly referred to as “rape.” The definition of sexual battery includes a range of actions, from nonconsensual touching to penetration. Under Florida Statute 794.011, “sexual battery” is defined as:

Oral, anal or vaginal penetration by or in union with the sexual organ of another
The anal or vaginal penetration of another by any other object

Sexual battery is one of the most aggressively prosecuted criminal offenses in the state. There are several categories of sexual battery, and each comes with a severe and life-changing penalty upon conviction.

What Are The Different Types Of Sexual Battery In Florida?

Florida law recognizes different types of sexual battery, based on the circumstances of the crime. The charges and penalties depend on factors such as the age of the victim, the use of force and whether serious bodily harm occurred. Some examples include:

Simple sexual battery: This involves the intentional touching of the victim’s intimate parts without their consent, but without the use of force likely to cause serious personal injury.
Sexual battery with physical force: This occurs when the offender uses physical force or violence to commit the sexual battery.
Sexual battery on a minor: This involves sexual battery committed against a person under the age of 18. The penalties increase if the victim is under 12 years of age.
Aggravated sexual battery: This is the most serious form of sexual battery and involves the using a deadly weapon, causing serious bodily injury to the victim or committing the offense during the commission of another felony.

Depending on the facts and circumstances involved, prosecutors can bring enhanced sexual battery charges. Charges of sexual battery can be enhanced when the offender commits sexual battery on a victim and uses or threatens to use a deadly weapon. Likewise, the crime is enhanced when an offender commits sexual battery and uses physical force likely to cause serious personal injury to the victim.

What Is Aggravated Sexual Battery?

Aggravated sexual battery is committed when sexual battery takes place under certain circumstances. Florida laws set forth aggravating circumstances as follows:

The victim is physically helpless to resist.
The victim is coerced into submission by threats to use force or violence likely to cause serious personal injury to the victim, and the victim reasonably believes that the offender has the ability to execute the threat.
The victim is coerced into submission by threats of retaliation against the victim or any other person, and the victim reasonably believes that the offender has the ability to execute the threat in the future.
The victim is, unknowingly and without consent, drugged to the extent that they are mentally and/or physically incapacitated.
The victim is mentally defective, and the offender knows or has reason to believe this fact.
The victim is physically incapacitated.
The offender is a law enforcement officer, correctional officer or correctional probation officer; any other person in a position of control or authority; or a person acting in such a manner as to lead the victim to believe that the offender was in a position of control or authority as an agent or employee of government.

In addition, if the sexual battery is committed when the victim is less than 12 years of age, then the charge will be enhanced and the potential penalty will be increased. Mere accusations of sexual battery can result in severe consequences for your reputation. As an experienced and dedicated criminal defense lawyer, I have a deep understanding of sexual offenses like sexual battery, and I will know how to craft an aggressive defense on your behalf. I will zealously fight to protect your rights and defend you against sexual battery accusations.

What Is The Difference Between Sexual Battery And Sexual Assault?

Many people will interchange the terms “battery” and “assault” when referring to criminal acts. In Florida, assault and battery offenses are defined quite differently, except for sexual offenses. In Florida, there is not a separate sexual assault crime, all sexual assault crimes are categorized under Florida laws as sexual battery. An experienced sex crimes defense attorney can help you understand the specific crimes you have been charged with.

What Are The Penalties For Sexual Battery?

The degree of felony for the criminal offense of sexual battery ranges from a second-degree felony to a capital felony. The penalties are determined by the age of the offender, the age of the victim and the existence of any aggravating circumstances. Penalties include the following:

Second-degree felonies are punishable by up to 15 years in prison, up to 15 years of sex offender probation and up to $10,000 in fines.
First-degree felonies are punishable by up to 30 years in prison, up to 30 years of sex offender probation and up to $10,000 in fines.
Life felonies are punishable by life in prison, up to life on sex offender probation and up to $15,000 in fines.
Capital felonies are punishable by a mandatory sentence of life in prison without the possibility of parole (sometimes called “natural life”).

In addition to being sentenced to serve a lengthy prison sentence, every person who is convicted of sexual battery will be designated as either a sexual offender or a sexual predator. These designations come with stringent registration requirements for life, with varying punishments for failing to comply with them. An experienced criminal defense attorney can help you assess the charges you are facing and better understand the potential consequences of a conviction.

How Does Florida Define Consent In Sexual Battery Cases?

In Florida, consent is a key factor in sexual battery cases. The state defines consent as knowing, voluntary and intelligent agreement. This means the person must:

Understand what they are agreeing to do
Agree freely without coercion
Be mentally capable of making the decision

Someone who is incapacitated due to alcohol or drugs cannot legally consent. Also, someone who is pressured or threatened into participating in sexual activity has not given consent. Consent can also be withdrawn at any time. If you continue sexual activity after consent is withdrawn, it can be considered sexual battery.

Consult A Clearwater Sexual Battery Defense Lawyer For Free

Just because you have been accused of sexual battery, it does not mean that you are guilty. However, if you are facing sexual battery charges, they are complex and serious allegations, and it is imperative that you speak with an experienced sexual battery defense attorney as soon as possible. I utilize a team of investigators and experts, and I am highly experienced in defending sex crimes.

I offer clients initial confidential consultations and case evaluations for free. To schedule your free appointment, you can call me at 727-202-4418 or send me a message through my online form. I look forward to answering your questions and telling you more about how I can advocate for your legal rights and prepare an aggressive defense on your behalf.