Virginia Sexual Battery Lawyer

Under Virginia law, a person is guilty of sexual battery if they sexually abuse the complaining witness, against the will of the complaining witness, by force, threat, intimidation, or ruse. These charges are treated very seriously in Virginia and can carry very severe consequences including fines and jail time. For this reason, if you have been accused of sexual battery it is important you consult with a Virginia sexual battery lawyer as soon as possible to discuss your case and begin building a defense. An experienced sex crimes attorney can use their resources and experience to thoroughly investigate a person’s case, and in turn, create a robust defense.

Elements of Sexual Battery

Sexual abuse is defined as an act committed with the intent to sexually molest, arouse, or gratify any person, where:

  • The accused intentionally touches the complaining witness’s intimate parts or material directly covering such intimate parts;
  • The accused forces the complaining witness to touch the accused’s, the witness’s own, or another person’s intimate parts or material directly covering such intimate parts;
  • If the complaining witness is under the age of 13, the accused causes or assists the complaining witness to touch the accused’s, the witness’s own, or another person’s intimate parts or material directly covering such intimate parts; or
  • The accused forces another person to touch the complaining witness’s intimate parts or material directly covering such intimate parts.

Penalties

This is a serious charge under Virginia law. If someone is convicted of a sexual battery, they are guilty of a class 1 misdemeanor which can carry up to a year in jail and $2,500 fine.

Some aggravating factors can also cause a higher amount of jail time. These factors can include if there is large age disparity between the victim and the accused, if the crime was accomplished by using a weapon, or if the person is a repeat offender. With more serious allegations, the likelihood of increased jail time or the maximum amount of jail time available can go up dramatically making it important a sexual battery attorney in Virginia is present to advocate on the behalf of the accused.

Role of an Attorney

The role of a criminal sexual battery lawyer in Virginia is first to make sure that the defendant doesn’t act in any way that will create incriminating evidence in their case or that will harm their case. They can also challenge the evidence of the Commonwealth at every phase of the case from the discovery phase to the trial phase. Then, the final piece of that puzzle is bringing their expertise and their knowledge to a trial setting to make sure that favorable evidence for the accused is brought forward and that the evidence for the Commonwealth is attacked and shown in a more realistic and fair way than it is often presented.

It is important to hire and consult with an experienced sexual battery attorney in Virginia in this kind of case because they can begin to assist their client from the beginning. They can assist their client in not making some of the common mistakes people who are accused of these kinds of crimes make such as talking to the police, attempting to cooperate, or creating new evidence through their statements.

A Virginia sexual battery lawyer can also help them in identifying defenses and in recognizing particular types of defenses and evidence which are going to help most in cases like this. They can also use their knowledge to reduce charges or even dismiss some cases.

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