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Touching or groping another person’s intimate body parts without consent is sexual battery in the state of Georgia. Any type of charge for a sex crime is a serious matter that the state will aggressively prosecute. A conviction for this charge can have severe, lasting consequences, including leaving you with a permanent criminal record.
A Carrollton sexual battery lawyer could gather the evidence needed to create a solid defense plan that protects you from life-altering charges. Even if the criminal charges have no merit and you are entirely innocent, preparing your defense strategy is crucial to protecting your future. A dedicated sex crimes attorney is standing by to support you.
According to the instruction provided in the Official Code of Georgia Annotated § 16-6-22.1, any person who intentionally makes intimate physical contact with another person without consent is guilty of sexual battery. A person facing charges for a first offense of sexual battery may not face jail time. However, aggravating factors or subsequent arrests significantly increase the severity of potential punishments.
Per the legal definition of sexual battery, intimate body parts include the genitals, inner thighs, buttocks, groin, and female breasts. Anyone convicted of sexual battery against another adult will receive an aggravated misdemeanor on their permanent criminal record. Sexual battery against a minor under 16 is a felony.
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When a person of authority is accused of committing sexual battery, they could face elevated penalties upon conviction. Persons of authority include:
A conviction for this offense could mean having a felony sex crime offense on your permanent record, paying steep fines, and spending time in jail. A sexual battery lawyer in Carrollton could review relevant state laws and answer questions about potential penalties after reviewing your case.
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Consent is an affirmative defense against most sexual battery allegations or charges. When dealing with a person in a place of authority, however, consent is unlikely to be a defense. An affirmative defense strategy means proving the individual consented to sexual contact negates criminal liability. It is important to note that permission or legal consent is not a proper defense strategy against charges involving a minor under 16 or a person with mental impairment. Therefore, if these cases go to trial, the court will instruct the jury that the alleged victim was not eligible to consent.
Other potential defense strategies against sexual battery charges include mistaken identity or misidentification of the guilty party. With enough evidence, such as proof of a defendant’s alibi, an attorney could argue actual innocence. A Carrollton sexual battery attorney could review the evidence levelled against you to determine the best defense plan for your situation.
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If you face accusations or are under investigation for sexual battery, taking prompt action is the best way to fight for your future and freedom. While in many cases, a sexual battery conviction is a misdemeanor, it is still a sex crime. Any sex offense conviction can create a lifetime of challenges, including damage to your reputation.
The more time you invest in preparing your defense, the better chances you have of reaching the best possible outcome. Call a Carrollton sexual battery lawyer today to schedule a consultation and discuss how to fight the charges you face.
