{"id":6018,"date":"2026-10-22T02:25:00","date_gmt":"2026-10-22T02:25:00","guid":{"rendered":"https:\/\/patrickwilsonlaw.com\/resources\/sexual-battery-defense-attorney\/sexual-battery-lawyer-florida\/"},"modified":"2026-10-27T14:40:50","modified_gmt":"2026-10-27T14:40:50","slug":"sexual-battery-lawyer-florida","status":"publish","type":"page","link":"https:\/\/patrickwilsonlaw.com\/resources\/sexual-battery-defense-attorney\/sexual-battery-lawyer-florida\/","title":{"rendered":"Sexual Battery Lawyer in Florida | Patrick Wilson Law"},"content":{"rendered":"\n
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Sexual Battery Defense | Miami, Florida<\/p>

Facing a Sexual Battery Charge? Start With a Defense Built Around Your Case<\/h1>

Patrick Wilson Law focuses on criminal defense in Miami and across South Florida, from Broward County to the Keys. Call 786-761-1719 or schedule a free, confidential consultation with no obligation to continue.<\/p>

Schedule a Free Consultation<\/a><\/div>
Schedule a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Patrick David Wilson \u00b7 Published October 21, 2026<\/p>\n\n

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If you or someone close to you faces a sexual battery charge<\/a> in Florida, two questions come first: what does the charge mean, and what happens next? Sexual battery is a felony under Florida law, but a charge is an accusation, not a conviction. This guide answers both questions in plain terms. It also explains what a criminal defense lawyer does at each stage. Patrick Wilson Law, PLLC is a Miami criminal defense firm that handles sexual battery charges across South Florida.<\/p>\n

What Sexual Battery Means Under Florida Law<\/h2>\n

Sexual battery is a felony, and consent is the central question in the statute. Under Fla. Stat. \u00a7 794.011<\/a>, consent means “intelligent, knowing, and voluntary consent” and “does not include coerced submission.” The statute also says a victim’s failure to physically resist does not mean consent.<\/p>\n

Age changes the charge. An adult who commits sexual battery on a child under 12 faces a capital felony, the most serious category. A person 18 years of age or older who commits sexual battery upon a person 12 years of age or older but younger than 18 years of age, without that person’s consent, and in the process does not use physical force and violence likely to cause serious personal injury, commits a felony of the first degree under Fla. Stat. \u00a7 794.011<\/a>. Florida sorts felonies into degrees, as set out in Fla. Stat. \u00a7 775.081<\/a>.<\/p>\n

A charge is only the start. Police reports, the complaint, and the prosecutor’s choices shape the case long before a judge decides anything. The Florida Courts Sexual Violence Benchbook<\/a> describes these definitions, penalties, and procedures for judges. This page is written for the accused, for family members and partners, and for licensed professionals who face a report or investigation.<\/p>\n\n

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If you were arrested, reported, or just learned a family member is under investigation, you do not have to sort out the next steps alone. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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What a Sexual Battery Defense Covers<\/h2>\n

A sexual battery defense starts with the evidence and continues through every stage the case reaches. A defense typically covers:<\/p>\n