Facing a Sexual Battery Charge in Miami? Start With a Careful Defense.

In Florida, sexual battery is a felony. The charge turns on the type of contact alleged and on whether the other person consented. The penalty depends on the ages involved, whether force was used, and the felony class the statute assigns. This page explains the charge, the court process, and the choices people face. It is written for readers in Miami-Dade, Broward, Fort Lauderdale, Hialeah, Kendall, Homestead, Miami Beach, and the Florida Keys. If you searched for an abogado por asalto sexual (a sexual battery lawyer), the basics are below.

What a sexual battery charge means in Florida

A sexual battery charge covers specific types of sexual contact. Florida’s statute covers oral, anal, or female genital penetration by, or union with, another person’s sexual organ. It also covers penetration of the anal or female genital area by any other object. An act done for a bona fide medical purpose is not included (Fla. Stat. § 794.011).

Consent is the other half of the charge. The statute defines consent as intelligent, knowing, and voluntary agreement. It says consent does not include coerced submission. It also says a person’s lack of physical resistance is not treated as consent.

Words on your paperwork matter. A formal charge is the document the state files in court, and it sets out the accusation. Many people search for “abuso sexual,” but that phrase covers several different situations. The exact charge listed on your paperwork shapes the case.

Penalties and consequences of a conviction

The penalty depends on the grade of the offense. Florida’s felony classes run from capital to third degree. A felony with no stated degree is third degree, except felonies punishable by life imprisonment for the first offense (Fla. Stat. § 775.081).

The most serious version is a capital felony. An adult who commits sexual battery on a child younger than 12 faces the capital penalty. If death is not imposed, the sentence is life imprisonment, and the person is ineligible for parole (Fla. Stat. § 775.082).

Other grades turn on age and force. An adult who commits sexual battery on a person 12 or older but under 18, without consent, and in specified circumstances commits a felony defined in s. 794.011; under s. 775.082 a first degree felony is punishable by a term of imprisonment not exceeding 30 years, or by a term of years not exceeding life when a statute specifically provides (Fla. Stat. § 775.082). Under Florida law, serious personal injury means great bodily harm or pain, permanent disability, or permanent disfigurement.

A conviction can also bring sexual offender registration. Registration consequences of a sexual battery case can be significant, so it is worth discussing them with a lawyer early.

Some cases end in a plea agreement instead of a trial. Prosecutors may agree to drop other charges or recommend a sentence. The judge is not bound by that recommendation and decides the sentence (Fla. R. Crim. P. 3.171).

How a sexual battery case moves through court

A case usually starts with an arrest, followed by a first appearance before a judge. Except when previously released in a lawful manner, every arrested person must go before a judge within 24 hours. The appearance can be in person or by audio-video technology. The judge must tell the person the charge (Fla. R. Crim. P. 3.130).

Release terms follow. Every pretrial release requires the defendant to refrain from criminal activity of any kind (Fla. Stat. § 903.047). Fla. Stat. § 903.047 reads: “(b) If the court issues an order of no contact, refrain from any contact of any type with the victim, except through pretrial discovery pursuant to the Florida Rules of Criminal Procedure.” A no-contact order bars direct or indirect contact with the alleged victim.

Formal charges come next. For a person in custody, the state must file formal charges within 30 days of arrest. No one may stay in custody beyond 40 days without formal charges.

After charges, both sides exchange evidence. How long a case takes varies with its complexity and facts. No fixed timeline applies to every case.

Can a case be filed without physical evidence?

The statute defines sexual battery by the contact and by consent. It does not define the offense by physical injury or marks.

The state attorney decides whether to file charges based on the evidence available.

In a testimony-based case, a defense lawyer examines several things. These include how the account changed over time, the timeline of events, and text messages or call logs. The lawyer also checks who was told what, and when. A common mistake is assuming that no physical evidence means the case is weak. Each complaint has to be tested on its own facts.

What to do if you’re under investigation or served with papers

If you’re under investigation, pause before answering any question. Don’t speak with investigators until you have legal advice on your side. You have the right to stay silent and the right to a lawyer.

Don’t delete anything. Keep messages, call logs, photos, and social media posts about the events. Deleting them can look like hiding evidence, and that can hurt your case.

Keep your distance from the alleged victim and their family. Don’t reach out to apologize or explain. If a no-contact order applies, breaking its terms can create a separate problem for you.

Keep every citation, bond form, and court notice. Write down the dates listed on them, and note when each one arrives.

Consequences outside court: records, licenses, and immigration

A sexual battery charge can affect your job, your professional license, and your immigration status. These effects can start before the court case ends.

For licensed professionals, a charge may reach a licensing board or an employer. The criminal defense and any professional response should be planned together. Waiting until the case ends can leave gaps.

For people who aren’t U.S. citizens, federal law lists many grounds for removal. A criminal conviction can trigger several of them. Federal immigration law lists these categories, including certain domestic violence crimes. Ask about immigration effects before you agree to any plea.

First-time offender status, sealing, and expunction

Sealing and expunction are court processes that limit public access to certain records. Whether a conviction under chapter 794 can be sealed or expunged depends on the specific statutory requirements, which a lawyer can review for your record. Each criminal record is different, so a chapter 794 matter can be discussed with Patrick Wilson Law in a free, confidential initial consultation.

Records without a conviction follow a different path. One condition for expunction is that no charging document was filed or issued in the case. Eligibility is also subject to other statutory conditions.

Being a first-time offender is only one part of the picture. A prior adjudication of guilt for certain offenses can also block expunction. Whether a specific record qualifies depends on the facts and the exact dispositions.

Patrick Wilson Law’s first consultation in Miami

Patrick David Wilson is the attorney responsible for this page. Patrick Wilson Law, PLLC is based in Miami and focuses on criminal defense across South Florida, from Broward County to the Florida Keys. The practice is a sexual battery defense attorney’s office with support from our team of assistants and office staff.

The first consultation is free, confidential, and carries no obligation to continue.

Frequently asked questions

The charge turns on consent and the other facts of the case.

The judge must tell that person the charge.