Protecting Your Rights Against One of Florida’s Most Serious Felony Charges
Being accused of sexual battery is one of the most serious and life-altering situations a person can face in Florida. Long before a case reaches trial, the accused may experience public judgment, strained relationships, and overwhelming fear about the future.
At Rush & Frisco Law, our role is to ensure that every person charged with a crime is treated fairly under the law. With decades of trial experience, our attorneys defend clients facing sexual battery allegations throughout Gainesville and North Central Florida.
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What Is Sexual Battery in Florida?
Under Florida Statute § 794.011, sexual battery is defined as oral, anal, or vaginal penetration by or with the sexual organ of another person, or with an object, without the victim’s consent.
Sexual battery crimes are prosecuted aggressively and carry some of the harshest penalties under Florida law.
Levels of Sexual Battery Charges
Sexual battery can be charged in several degrees depending on the circumstances:
- Second-degree felony
- Punishable by up to 15 years in prison
- First-degree felony
- Punishable by up to 30 years in prison
- First-degree felony
- Punishable by up to 30 years in prison
- Life felony
- Punishable by life imprisonment
Penalties depend on the age of the alleged victim and the accused. Charges involving minors often carry mandatory life sentences, even when the accused is close in age.
You Can Be Charged Even When No Physical Evidence Exists
Many sexual battery cases rely entirely on:
- Allegations
- Testimony
- Messages or digital communication
- Circumstantial evidence
Florida law does not require physical evidence or eyewitnesses for the State to file charges.
This is why an experienced defense attorney is essential—sexual battery cases often involve complex, emotionally charged allegations that must be examined carefully.
Talk to an Experienced Sexual Battery Defense Attorney
If you or someone you know has been accused of sexual battery in Florida, you need experienced legal counsel right away.
Common Situations That Lead to Sexual Battery Charges
People are often shocked to learn how quickly a situation can escalate into a felony charge.
Common scenarios include:
- Misunderstandings during consensual encounters
- Alcohol-related situations where consent is disputed
- Accusations arising during breakups or custody disputes
- False allegations made out of anger or retaliation
- Mixed messages over text, social media, or dating apps
- Encounters where both parties recall events differently
Charges may be filed even when:
- The accused believed the encounter was consensual
- The accuser continued contact afterward
- No injuries were reported
- No physical evidence exists
Penalties for Sexual Battery in Florida
A conviction can result in:
- Mandatory prison time
- Lifetime sex offender registration
- Loss of civil rights
- Restrictions on employment and housing
- No-contact orders
- Permanent criminal record
- Lifetime GPS monitoring (in some cases)
Defenses to Sexual Battery Charges
Every case is different, and the right defense depends on the specific circumstances. Common defenses include:
Why Sexual Battery Cases Require Experienced Legal Representation
The consequences of a sexual battery charge begin long before a conviction. A single allegation can affect:
- Reputation
- Employment
- Family life
- Mental health
- Future opportunities
At Rush & Frisco Law, we understand the weight of these cases and the importance of protecting our clients at every stage—from investigation to trial.
We conduct a thorough review of:
- Witness statements
- Digital communication
- Forensic reports
- Police procedure
- Prior interactions between the parties
Our goal is to ensure that every client receives a fair defense and that the State meets its burden of proof beyond a reasonable doubt.
What to Do If You Are Accused of Sexual Battery
If you are under investigation or have been arrested:
- Do NOT speak to police
- Do NOT contact the accuser
- Do NOT discuss the case with friends or family
- Do NOT post anything online
- Contact an attorney immediately
- Preserve all messages, emails, and digital communication
- Follow legal guidance closely
Early legal intervention can prevent serious mistakes and may even stop charges from being filed.
Take the First Step Toward Protecting Your Future
A sexual battery charge can affect every part of your life—but you don’t have to face it alone. Our attorneys are prepared to evaluate your case, explain your rights, and build a defense strategy designed to protect your freedom and your future.
Contact Rush & Frisco Law today for a confidential consultation.
Information on this page reflects Florida Statute § 794.011 as of December 2025.
Rush & Frisco Personal Injury Law Firm Gainesville, FL | 11 SE 2ND Ave | Gainesville, FL 32601 | Map | Tel: (352) 373-7566