Manassas Sexual Battery Lawyer

Sexual battery charges are serious. In Manassas, they constitute a Class 1 Misdemeanor, which means that it is on a person’s criminal record permanently, is punishable by up to twelve months in jail, and has a $2,500 fine. Being convicted of sexual battery could severely restrict a person’s lifestyle, including being able to obtain employment, current and future living situations, and public perception. If you are charged with sexual battery, contact an experienced Manassas sexual battery lawyer for representation in your case.

What Constitutes Sexual Assault or Battery

Under Virginia law, sexual battery is defined as sexual abuse that takes place along with one of a number of other factors, such as when the complaining witness is sexually abused against his or her will by force, threat, intimidation, or rouse. Sexual battery can also be committed against an inmate who has been committed to jail in Virginia.

To fully understand sexual battery, one needs to understand sexual abuse. Sexual abuse is an act that is committed with the intent to sexually molest, arouse, or gratify any person where the accused intentionally touches private parts of another person, forces another person to touch his or her private parts, or forces a person to touch the private parts of another. These acts create a crime of sexual battery in Virginia.

It is a serious charge. Sexual battery under Virginia is considered a Class I Misdemeanor punishable by up to 12 months in jail and a $2,500 fine. As it is an assault type of offense, it is considered a violent offense.

Aggravating Factors

There are aggravating factors that could create a situation where a person can be charged with aggravated sexual battery. In an aggravated sexual battery situation, a person can be found guilty if the complaining witness is under the age of 13. They can also be found guilty if the act is accomplished through the use of the complaining witness’ mental incapacity or physical helplessness, or if the offense is committed by a parent or a family member and the victim is over 13, but under the age of 18.

Also, aggravated sexual battery can occur if the act is accomplished against the will of the complaining witness where there is intimidation and the accused causes serious bodily or mental injury to the complaining witnesses, uses a weapon to accomplish his act, or if the complaining witness is between the ages of 13 and 15. If any of those elements are present in the commission of sexual battery, it becomes a felony. The punishment is one to 20 years.

Importance of Consulting with a Manassas Sexual Battery Attorney

If a person is charged with this kind of case and they are convicted, the likelihood of going to jail is very high. Therefore, consulting with and hiring an experienced Manassas sexual battery lawyer to try to protect the person’s rights is essential. If charged with a crime of this nature, the importance of having an experienced criminal defense attorney cannot be overstated.

Often, these cases are built purely on testimonial evidence, which means it is a “he said, she said” situation. An experienced Manassas sexual battery attorney has the skill set to cross examine any witnesses and to vet all evidence presented by the government to establish a person’s guilt. A lawyer will be able to sort through all of the evidence and be able to present the best defense possible for the person’s case.