Miami Sexual Battery Defense for Licensed Professionals

A sexual battery charge can put two things at risk: your freedom in a criminal case and your professional license. A licensing board can review the conduct behind that charge on its own track. Patrick Wilson Law, PLLC is a Miami criminal defense firm serving South Florida, including licensed professionals whose careers are on the line. This page explains how both tracks work and what to do first.

What a Sexual Battery Charge Can Mean for a Florida Professional License

A sexual battery charge can start two separate proceedings. One is the criminal case in court. The other is any review by the board that licenses your profession. The two follow different rules, with different decision-makers and different deadlines.

• The criminal case runs through Florida’s courts under the sexual battery statute and the criminal rules.
• The board matter follows the licensing laws for your profession and has its own process.
• The two tracks affect each other. A statement, a plea, or a signed form in one place can matter in the other.

This page is written for licensed professionals in healthcare, law, education, and other fields. It also speaks to first-time offenders who worry about what a charge could do to their work.

Patrick Wilson Law focuses on criminal defense for licensed professionals. The firm is based in Miami and serves Miami-Dade County, Broward County, Fort Lauderdale, Miami Beach, Kendall, Hialeah, Homestead, and the Florida Keys. Patrick David Wilson is the responsible lawyer for this page. Sahara Fonseca is also among the firm’s lawyers.

Sexual Battery Under Florida Law: What the Charge Requires

Florida’s sexual battery statute turns on consent, age, and force. The statute defines consent in Fla. Stat. § 794.011. It says consent means “intelligent, knowing, and voluntary consent” and “does not include coerced submission.”

The same statute says the victim’s failure to physically resist cannot be treated as consent. Many people do not expect that rule. A missing struggle does not answer the consent question.

Penalties depend on the victim’s age and whether force was used. Under s. 794.011(2)(a), sexual battery is a capital felony when the offender is 18 or older and the victim is younger than 12.

Lewd or lascivious battery is a different charge, covered by Fla. Stat. § 800.04. It covers sexual activity with a person 12 or older but younger than 16, and also encouraging, forcing, or enticing any person under 16 to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity. Under that section, the victim’s consent is not a defense.

• Age: Lewd battery targets victims 12 to under 16.
• Consent: Consent is central to sexual battery. Under § 800.04, the victim’s consent is not a defense to lewd battery.

Many people ask whether drinking changes the picture. Under Fla. Stat. § 775.051, voluntary intoxication is not a defense to any offense. Evidence of it is also not admissible to show a lack of specific intent, except when the controlled substance was used under a lawful prescription issued to the defendant by a practitioner. Raise this question with counsel early, before you give any statement.

How a Criminal Charge Can Reach a Licensing Board

A licensing board can act on conduct connected to a charge, and that process stands apart from the criminal case. The grounds for discipline appear in Fla. Stat. § 456.072 and Fla. Stat. § 455.227. Which one applies depends on your license.

One rule needs attention early. A quick deal with a board is never a neutral step.

A board matter can start in several ways. It may begin with a letter asking for information, a complaint, or a question on a license application or renewal form. Treat every board letter as a deadline document.

Whether you must disclose an arrest depends on the facts of your case. It also depends on the exact question you face and your board’s rules. Keep every notice, court paper, and bond record together in one file.

What to Expect: Steps From Charge to Board Response

The first step is building one timeline that covers both the court case and the board matter. Then work through the steps in order.

1. Gather the paperwork. Collect the arrest or charging papers, court dates, bond conditions, and every letter from a board or employer.
2. Calendar each deadline. Under the Florida speedy trial rule, a defendant may file a “Demand for Speedy Trial” once formally charged.
3. Coordinate both tracks. Court filings, board answers, and talks with an employer should match. Plan them together so one does not undercut the other.
4. Review every plea offer. Under Florida Rule 3.171, defense counsel must advise you of all plea offers and what each could mean. Counsel cannot finalize a plea without your full and complete consent.
5. Plan for what follows. Some obligations can continue after the criminal case closes. Ask about them before you agree to anything.

What This Service Covers for Licensed Professionals

This service covers the criminal defense of the sexual battery charge and the planning your board matter requires. Here is what is included.

• Criminal defense in Florida courts, including early charge review, pretrial work, and negotiation where appropriate.
• Review of lesser or related charges, such as lewd or lascivious battery, and how each one could affect your board matter.
• Coordination with your job and licensing obligations, including what you say on applications and to your employer.
• Timing review. Sexual-assault prosecutions are subject to statutes of limitation that differ by jurisdiction. According to the FBI Law Enforcement Bulletin, an expired deadline can bar a case.

Why Patrick Wilson Law for a Licensed Professional’s Sexual Battery Case

Patrick Wilson Law focuses on criminal defense for licensed professionals. Its sexual battery work sits inside that focus.

• Patrick David Wilson is the responsible lawyer for this page.
• Sahara Fonseca is also among the firm’s lawyers.
• Our team serves clients from the Miami office across Miami-Dade County, Broward County, Fort Lauderdale, Miami Beach, Kendall, Hialeah, Homestead, and the Florida Keys.
• If a matter may be referred to another lawyer or firm, we will tell you at the start.
• Every case turns on its own facts, so no result can be promised here.

Frequently Asked Questions About Sexual Battery Charges and Licenses