Dade City & Zephyrhills Sexual Battery Attorney
Sexual Battery is a very serious offense in the State of Florida. If convicted of Sexual Battery in Florida, you may receive a life prison sentence.
Sexual Battery is penetration without consent. It is commonly called rape, sexual assault or sexual molestation.
If you are the subject of a sexual battery investigation, the police probably will attempt to obtain a verbal or written statement from you. Sometimes you are read your Constitutional Rights or your Miranda warnings and sometimes you are not. Sometimes these interviews are recorded and others times they are not. You have the right to remain silent and talk with an experienced criminal defense attorney before making any statements.
The experienced Dade City & Zephyrhills Sexual Battery attorneys at the Madonna Law Group are available to offer guidance during this crucial stage of the investigation. If you are a suspect in a sexual battery investigation, you need to assemble your legal team as early as possible. Our criminal defense attorneys have extensive experience in dealing with law enforcement officers and prosecutors during sexual battery investigations. Call 352.567.0411 to schedule a free initial consultation.
Get Legal Guidance as Soon as Possible
Do you know how you would respond if you are approached by a police officer and he wants to ask you some questions?
Do you know your rights? How will you respond to the questions? How will you respond if an officer asks you to take a polygraph test or submit to a DNA test?
Your decisions and actions during police investigations in response to these common scenarios may give the police just the evidence they need to arrest you based on probable cause that you committed sexual battery.
If you are confronted with one of the above scenarios you should consider retaining an experienced criminal defense attorney with specific experience defending sexual battery charges before deciding how to respond. You have a right to an attorney and you have a right to remain silent. We suggest saving our phone number in your cell phone now.
Our Pre-Trial Investigation and Preparation
Our experienced and skilled criminal defense lawyers know the importance of investigating and preparing a case for trial. The discovery process in a sexual battery case is just as crucial in a case as the trial itself. Our attorneys, investigators, and legal researchers will thoroughly investigate and research your case, the alleged victim, and any witnesses. All pieces of evidence will be evaluated for admissibility and challenged if necessary.
Our attorneys also prepare extensively for the taking of depositions of those listed by the State of Florida as witnesses. Information obtained under oath at depositions often result in more favorable negotiations with prosecutors.
If the prosecutors still will not waiver by reducing or dismissing the charges and a trial is necessary, our sexual battery defense attorneys are competent and will vigorously defend your case in front of a jury.
Fla. Stat. 92.565 Replaces Corpus Delicti
The Doctrine of Corpus Delicti states that before a defendant’s confession or admission is admissible at trial and heard by the jury, the prosecution must be able to show that a crime actually occurred by showing the existence of each element of the crime.
The following is a common scenario in sexual battery investigations. One person accuses another of a sexual assault, the police have no evidence to prove the case, and the complainant recants, but before the complainant recants, the subject of the investigation admits details or confesses when interrogated by the police.
In the past, this scenario left the prosecution with no choice but to drop the charges because without the victim’s testimony they could not prove each element of the case, leaving only the defendant’s inadmissible confession or admission.
Recently the Florida Legislature replaced the Doctrine of Corpus Delicti with Fla. Stat. 92.565. Now, obtaining a dismissal when the complainant recants is much harder to achieve. This change now allows the jury to hear a defendant’s admission or confession if the court determines that the prosecution is unable to show the existence of each element of the crime and further finds that the defendant’s admission or confession is trustworthy.
This newly enacted statute is another reason why citizens should know that they have the right to remain silent and not make any statements without competent legal advice.
Free Initial Consultation on Sex Crime Allegations
If you have been arrested for Sexual Battery, or you believe you will be, schedule a free case review with the Madonna Law Group. Our Dade City & Zephyrhills Sexual Battery attorneys are available today to start working on your defense.
We handle cases in many Florida counties and cities. They include but are not limited to Tampa, Wesley Chapel, Zephyrhills, Dade City, New Port Richey, Brooksville, Lakeland, Bartow, Plant City, St. Petersburg, Clearwater, Hillsborough County, Pinellas County, Pasco County, Polk County, Sumter County and Hernando County.