Age, incapacity, or force makes battery aggravated. We examine each element and fight enhancements. Twenty-five years is too long—call immediately.
Aggravated sexual battery is one of Georgia’s seven deadly sins. It goes without saying that that means the stakes are high, the punishments can be lengthy, and your defense and the sexual battery attorney you choose are critical.
Just like all sex crimes, there is an element of he-said-she-said to many aggravated sexual battery cases. Like many of those cases, there is likely no physical evidence, there is likely no documentary evidence–meaning videos or pictures–and it may simply be your word against the word of your accuser.
In today’s world accusations outside of the courtroom can be devastating, especially if faced without a Newnan aggravated sexual battery lawyer. In fact, accusations of sexual misconduct have brought down numerous celebrities in recent years and even threatened the appointment of now Supreme Court Justice, Brett Kavanaugh. These folks didn’t fight their allegations alone and neither should you.
A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.
Let us start by explaining what some of the most important words in this law mean. Particularly, “foreign object.” O.C.G.A. § 16-6-22.2(a) defines foreign object as any article or instrument other than the sexual organ of a person. Foreign object is one of the phrases in aggravated sexual battery cases that attorneys in Newnan so often see people surprised by. The number one thing people do not realize is that in Georgia, a finger is a foreign object.
Another word that is very important in this code section is “penetration.” Even the slightest penetration is sufficient under the law to be convicted of aggravated sexual battery. I have heard penetration, as defined legally for sexual offenses, described as enough penetration to break the surface of water. This is a prime example of where law enforcement will trick people into admitting a very serious crime.
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A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life.
A defendant convicted of aggravated sexual battery is not eligible to be sentences as a first offender, but they still have a chance to fight for their rights with a lawyer in Newnan. Further, the defendant will not be eligible for parole until and unless they have served at least 30 years. Meaning, if they are sentenced to do 25, then they must serve every single day and will then be on probation for life. Furthermore, the defendant will be required to register as a sex offender as this is considered a dangerous sexual offense.
Being charged with this crime can cause devastating consequences to your reputation and professional life. Let a Newnan aggravated sexual battery lawyer help you defend yourself and your future. Reach out today to discuss your case.
