Florida’s criminal laws on sexual assault and battery are among the harshest in the nation. In most people’s opinion, only murder is a more heinous crime than sexual battery, which is more commonly referred to as rape.
Someone convicted of committing the crime of sexual battery with a weapon in Florida can be sentenced to life imprisonment, lifelong sexual offender probation, and a fine of $10,000. Other factors affecting the length of the sentence depend on the facts of the case, the age of the victim, and the character and criminal history of the defendant.
Any person charged with sexual battery with a weapon or with any sexual offense should immediately contact the most skilled and experienced criminal defense lawyer who has a track record of successfully defending clients fighting sexual battery charges.
In Tampa and elsewhere in Hillsborough County and Pinellas County, Stechschulte Nell, Attorneys at Law are veteran criminal defense lawyers with an impeccable reputation for fiercely defending clients using their deep knowledge of the law and skillful courtroom advocacy. In Tampa, contact Stechschulte Nell when you need criminal defense.
Florida Penalties for Sexual Battery
Florida Statute 794.011 defines sexual battery of a person 18 years of age or older as any unconsented “oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object[.]”
The statute also separately describes specific sexual battery crimes involving victims who are younger than 18 years of age and those who are 12 or younger. These distinct sections of the law identify facts and circumstances that trigger higher penalties, including injuring a victim, using or threatening to use force, victimizing a person with mental or physical incapacities, and being in a position of authority over the victim when committing the offense.
The alleged acts and the age and relationship of the parties involved determine the severity of the crime. If penetration or “union” is not proven to have occurred, a conviction for a lewd or lascivious act, which is a lesser included offense of sexual battery.
Under the Florida Criminal Punishment Code § 794.011(3), sexual assault of a person 12 years old or older with a deadly weapon is scored as a Category 10 life felony.
What is Sexual Battery with a Deadly Weapon?
We defined sexual battery in the previous section above. But what counts as a “deadly weapon” under the Florida criminal statute?
Florida Statute § 790.001 defines a weapon as “any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or another deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.” But the legislature never defined a “deadly weapon.”
The Florida courts define a “deadly weapon” in either of two ways:
- an object “used or threatened to be used in a way likely to produce death or great bodily harm, or
- an object likely to cause death or great bodily harm “when used in the ordinary and usual manner contemplated by its design and construction.
In Browne v. State, a 2018 case, the District Court of Appeal of Florida, Fifth District, vacated a defendant’s conviction for robbery with a weapon because the shotgun barrel, he pointed at the victim during the robbery was detached from the stock and firing mechanism of the shotgun. The court ruled that there was no evidence that the “ordinary and usual” use of the disembodied shotgun barrel was to cause death or great bodily harm. Since the defendant had not used or threatened to use the barrel as a bludgeon, the state had failed to prove it was a “weapon.”
Browne v. State, 239 So. 3d 171 (Fla. Dist. Ct. App. 2018), citing Fla. Std. Jury Instruct. (Crim.) 15.1; accord Holley v. State, 877 So.2d 893.
Penalties for Sexual Battery with a Deadly Weapon in Florida
The penalties for anyone convicted of sexual battery with a deadly weapon in Florida are severe and life-changing. They include the following punishments with additional hardships:
- Prison on a Life Felony– a term of no more than life imprisonment (The exact term will be determined by factors including the age of the victim and defendant, the degree of violence used, the nature of the weapon, and the manner in which it was used, the nature and extent of the victim’s injuries (if any), the relationship between the victim and defendant, and the defendant’s previous convictions.
- No Early Release – People who suffer a conviction for sexual assault with a deadly weapon are not eligible for early release programs available to others, including “gain time” or “good time,” which allows prisoners to accumulate days off their sentence, credit time, as an incentive for good behavior during incarceration.
- Lifetime Sex Offender/Predator Registration – Another consequence of a sexual battery with a deadly weapon conviction is mandatory lifelong registration on the public sex offender database. Anyone who looks will find the person’s name and the facts of the crime on an easily accessible website. Landlords, employers, social groups, family members, and loan officers can all turn you away after seeing your name on the sex offender database.
Read More > What Crimes Can Get You on the Sex Offender Registry?
Prevent Conviction for Florida Sexual Battery, with or without a Deadly Weapon
The skill and experience of veteran criminal defense lawyers Ben Stechschulte and Amy Nell at Stechschulte Nell in Tampa have saved many clients from unjust or avoidable convictions. Knowledge of the law and the intricacies of the courthouse procedures enables them to guide every client to the best possible outcome in their case.
If you need help with sexual battery case, contact Tampa’s experienced criminal defense lawyers for a case review. We are on your side. Call us 24/7 at 813-280-1244.
