West Palm Beach Rape Defense Attorney

Sexual Battery Charges in Palm Beach County

Rape, otherwise known as “sexual battery” in Florida is a felony offense, meaning a conviction could result in years in prison, possibly for life. At Herman Law, P.A., we vigorously defend individuals facing sex offense charges, and we will give your case the same level of dedication that has led Attorney Herman to receiving the following professional accolades:

  • AV Preeminent Rating from Martindale-Hubbell®
  • Florida’s Super Lawyers® Rising Stars℠list
  • 10.0 Superb Avvo Rating

As a former prosecutor with 15 years of experience, Attorney Herman has been featured in thePalm Beach Post, on Channel 5, and on Fox News. In the face of rape charges, Attorney Herman has the track record and reputation your felony case requires.

Sexual Battery “Rape” in Florida

Section 794.011 defines sexual battery “rape” as oral, anal, or vaginal penetration, or union with the sexual organ of another, or anal or vaginal penetration of another by any object. There are numerous offenses that fall under this section, including:

  • Sexual battery against victim under 12 years of age, whereby the victim’s sexual organs are injured – life felony
  • Offender under 18, sexual battery against victim under 12 years of age, whereby the victim’s sexual organs are injured – life felony
  • Sexual battery against victim 12 years or older without victim’s consent, by means of physical force likely to cause serious injury, or threats to use a deadly weapon – life felony
  • Sexual battery against a victim 12 years or older when the victim is helpless to resist, or by means of threats of force, violence, or retaliation – first degree felony
  • Sexual battery against a victim 12 years or older when the offender, without knowledge or consent from the victim, administers or has knowledge that someone else has administered to the victim any narcotic, anesthetic, or other intoxicating substance that incapacitates the victim – first degree felony
  • Sexual battery against a victim 12 or older that is physically incapacitated (including unconscious, passed out, or drugged) – life felony
  • Sexual battery against a victim 12 or older, without the person’s consent and without the use of force, violence or threats – second degree felony

Life felonies are punishable by 30 years to life imprisonment, and a maximum $15,000 fine. First degree felonies are punishable by up to 30 years or life imprisonment, and a maximum $10,000 fine. Second degree felonies are punishable by up to 15 years in prison and a maximum $10,000 fine.

Criminal Defense Lawyer West Palm Beach

A sexual battery conviction can have life-altering consequences which include mandatory sex offender registration. Regardless of the circumstances of your case, we are on your side and we are here to protect your rights under the Florida and U.S. Constitutions. Our goal is to effectively introduce “reasonable doubt” into the minds of the key decision makers such as the judge and jury to achieve the best possible outcome.

Is someone accusing you of rape? Protect your rights – contact our West Palm Beach criminal defense firm for a free consultation!