Alexandria Sexual Battery Lawyer
Sexual battery can occur in a number of circumstances and are dealt with severely by Virginia Law. A talented Alexandria sexual battery lawyer will know the proper procedures to handle your case and provide sound information and counsel. If you have recently found yourself accused of sexual battery, contacting an aggressive Virginia sex crimes lawyer is one of the best ways to be prepared for any impending court appearances.
Definition of Sexual Battery
As defined by Alexandria law, sexual battery is defined as sexual abuse against the will of a complaining witness by the use of force, the threat of force, or some intimidation or ruse. Essentially, it is the touching of sexual parts of another person without their consent while employing some other means to get there like force, or threat, or intimidation.
Virginia does not have a specific code section called sexual assault, therefore sexual assault in Virginia is defined as sexual battery under the Virginia Code. Sexual battery is often considered a violent offense. It is a violent crime, and if a person is convicted, then they are considered to have a violent crime on their record. Having an Alexandria sexual battery lawyer is the best way to prevent extensive penalties that may infringe on your life and reputation.
Effect of Aggravating Factors on A Sexual Battery Charge
In Virginia, there is a statute covering sexual battery and there is also a statute covering aggravated sexual battery. If a person commits a sexual battery with an aggravating factor, the charge will be upped to an aggravated battery charge. Sexual battery is a Class 1 misdemeanor which is punishable by up to 12 months in jail. However, An aggravated sexual battery is a felony that is punishable by one to 20 years in prison. The aggravating factors in Virginia include:
- the complaining witness being less than 13 years old
- the act is accomplished through the use of the complaining witness’ mental incapacity or physical helplessness
- the offense is committed by a parent or other family member and the complaining witness is between 13 and 18 years of age
- the act is accomplished against the will of the complaining witness by force, threat, or intimidation
- the accuser suffers serious bodily or mental injury
- the accused uses or threatens to use a dangerous weapon
Importance of A Trustworthy Sex Crimes Lawyer
A person generally has to be able to trust their lawyer in a case like this because they need to believe in the attorney’s advice as to whether or not the case should be tried. They also have to believe that the attorney truly looking out for their best interest. The attorney’s role is to handle every aspect of the case. Attorneys look at evidence critically and may determine whether the government is going to be able to prove each element of the crime with which an individual is charged.
Once an attorney has made that assessment, they generally have to look and see if any evidence exists that is favorable to the person charged that can challenge the credibility or reliability of the government’s evidence. Once the attorney has done that, they have a really good idea of what the trial is going to look like and whether the case should be tried. If the attorney feels the case has a lot of weaknesses, they will start negotiating with the government to try and arrange a favorable outcome.
Contacting A Sexual Battery Lawyer
Sexual battery is typically treated as a serious crime by all legal authorities. Most of the time, people who are convicted of a sexual battery will face active time in jail. This potential consequence makes it even more imperative to contact an Alexandria sexual battery lawyer as soon as possible if facing these charges.
