Facing a Sexual Battery Charge as a Non-Citizen? Start with a Plan.

A sexual battery charge can carry immigration consequences for a non-citizen, even when the case never leads to jail. Florida courts handle the charge, but federal immigration law decides how a conviction or plea affects status.

Facing a sexual battery charge? Learn the immigration risks in Florida before you decide anything. Patrick Wilson Law, PLLC is a Miami criminal defense firm that focuses on criminal defense for non-citizens, including sexual battery charges, in Miami-Dade County, Broward County and the Florida Keys.

What Sexual Battery Means Under Florida Law

Sexual battery is a sex offense defined in Florida Statutes chapter 794, and Florida courts prosecute it.

Consent is the key idea. Under Fla. Stat. § 794.011, consent means intelligent, knowing, and voluntary consent. It does not include coerced submission. The statute also says a victim’s failure to physically resist is not to be treated as consent.

The degree of the charge matters. Under Fla. Stat. § 775.081, felonies are ranked as capital, life, first-, second- or third-degree. Several forms of sexual battery in section 794.011 are first-degree felonies.

Simple battery is a different charge. Under Fla. Stat. § 784.03, a first battery is generally a first-degree misdemeanor. A later battery after one prior conviction for battery, aggravated battery, felony battery, or resisting an officer with violence is a third-degree felony, and a finding of guilt after a plea or trial counts as a conviction even if adjudication is withheld or the plea is no contest.

Is sexual battery a federal crime? No. It is a Florida offense. The immigration result comes from federal law, which reads the Florida charge against its own definitions. Everyday names like “sexual assault” do not drive that analysis. The charge papers you receive may show the statute cited and the degree of the offense.

Why Immigration Consequences Start Before the Case Ends

A criminal case can carry immigration consequences even when no jail sentence is imposed.

Federal immigration law can make a noncitizen who was admitted to the United States deportable for a conviction of a crime involving moral turpitude committed within the time limits set by the statute, when the statute’s other conditions are also met. Two or more such convictions, not from a single scheme of misconduct, also make a person deportable.

“Crime involving moral turpitude” is an immigration term. Every case is different, so the facts of each matter are reviewed individually.

Sentence length matters too. Under 8 U.S.C. § 1182, any alien (a person who is not a U.S. citizen) convicted of 2 or more offenses, other than purely political offenses, for which the aggregate sentences to confinement were 5 years or more, is inadmissible.

A plea can matter even without a conviction label. Fla. R. Crim. P. 3.172 states that, if the defendant is not a citizen of the United States, a guilty or no contest plea accepted by the court may change immigration status, including deportation or removal, whether or not adjudication is withheld. Florida also limits withholding for many felonies under Fla. Stat. § 775.08435.

How federal law treats a withheld adjudication is a separate question. The USCIS Policy Manual explains how USCIS decides whether a withheld adjudication counts as a conviction for immigration purposes.

A visa, green card, asylum claim or pending application can change the risk picture.

How Our Firm Approaches a Sexual Battery Defense for Non-Citizens

Patrick Wilson Law, PLLC focuses on criminal defense for non-citizens, including sexual battery and related charges.

Patrick David Wilson is responsible for this page. Our lawyers include Patrick David Wilson and Sahara Fonseca. The firm has more than one lawyer, and our team includes assistants and office staff.

Our work starts with the paperwork. We review the charging papers, police reports and any prior immigration filings before any plea talk. Under Fla. R. Crim. P. 3.171, defense counsel must advise the client of all plea offers, their likely results and any alternatives. Counsel cannot agree to a plea without the client’s full consent.

Defense work can include investigation, review of evidence and witness accounts, negotiation with the prosecutor, and pretrial motions when the facts support them.

What to Expect: Step-by-Step From First Call to Resolution

Each stage builds on the one before it. Here is the usual path.

1. First contact. Call or leave a message. The first consultation is free, confidential, and carries no obligation to continue.
2. Gather documents. Bring arrest papers, charging documents, court dates, and immigration papers such as your I-94, green card, visa and prior filings.
3. Immigration review. We look at the charge, the possible resolutions, and how each could affect your status.
4. Defense work. This includes investigation, contact with the prosecutor, and pretrial motions where appropriate.
5. Plea or trial decision. Each option is explained, including its immigration effect, before any decision is made.

Timeline: the length of each stage depends on the court schedule and the facts of the case.

Common Questions About Sexual Battery Charges and Immigration

Why Early Legal Representation Matters for Non-Citizens

Early advice protects both the criminal case and your immigration status.

What you say to police, family members or immigration officers can affect both matters. Criminal court and immigration deadlines run on separate schedules. One should not be handled without considering the other.

First-time offender status must be checked against immigration law. A clean record in Florida does not settle the federal question.

Expunction has a strict threshold. Under Fla. Stat. § 943.0585, a person may petition only if never adjudicated guilty in Florida, among other conditions. A prior guilty outcome can block that option.

Talk With Our Team Before You Decide Anything

If you’re reading this for a family member or friend, you’re facing hard choices about someone else’s case and future. You don’t have to sort out the criminal and immigration sides alone.

Call 786-761-1719 or leave a message to schedule a confidential first consultation. You can also use our contact form. Bring the charging papers and any immigration documents you have.