Columbia Sexual Battery Lawyer

Sexual battery is defined under South Carolina Code of Law Title 16 Sections 3-651. It means either sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person’s body. That definition is used to determine whether someone is guilty of criminal sexual conduct either in the first, second, or third degree.

South Carolina has crimes of violence as well as violent offenses under the statute. Criminal sexual conduct cases are considered violent offenses. However, a crime of violence is different, under the South Carolina Code of Law, from a violent crime. Sexual battery is usually considered a violent crime in Columbia courts.

Columbia treats sexual battery charges very seriously. Not only does the charge come with social stigma, but the courts, the prosecutors, and the police treat these charges as seriously as a murder case. These cases are aggressively prosecuted and are often thoroughly investigated, which could either help or hinder a defendant’s case.

In these cases, it is important for those who have been charged with sexual battery to hire an experienced sex crimes attorney because their reputation, livelihood, and freedom are at stake. The one thing that they do have the power to choose is which lawyer defends them and works to protect their rights and keep them out of prison. It is best to seek help from a Columbia sexual battery lawyer who has experience handling sex crime cases.

Aggravating Factors in a Sexual Battery Case

Aggravating circumstances in sexual battery cases can be whether the alleged victim was overcome by force, whether they were prevented from resisting because the accused person was armed with a dangerous weapon, or whether they were prevented from resisting by threats of great, immediate bodily harm. This is usually accompanied by an apparent power to inflict bodily harm. Another aggravating factor is whether the alleged victim was prevented from resisting the act because they suffer from physical or mental infirmity, preventing resistance.

Committing the crime for the purpose of receiving money or something of monetary value will also aggravate the case. The charge can be different if the accused person is the alleged offender or if they are alleged to have hired someone else to perform the crime. If the crime was committed against two or more persons or during the commission of a burglary, kidnapping, or trafficking situation can affect the possible penalties. Those are the aggravating circumstances for criminal sexual conduct.

Aggravating circumstances impact the charge because, under the statute, they can having an effect in sentencing. The law states that, upon conviction, the judge can consider aggravating or mitigating circumstances when instructing the jury. Aggravating factors constitute further evidence that can influence the decisions of the judge and the jury when it is time for sentencing. A diligent Columbia sexual battery lawyer could review the evidence and determine if there are any mitigating factors to help the defendant avoid the harsh consequences of a conviction.

Penalties Following a Sexual Battery Conviction

For criminal sexual conduct in the third degree, the potential penalty is up to 10 years in prison. Criminal sexual conduct in first degree comes with up to 30 years in prison. Penalties can increase when the alleged victim in the case is a minor. If the alleged victim was under the age of 11 can result in the convicted person receiving the death penalty, for instance.

If someone is charged with criminal sexual conduct in the first degree, and the alleged victim is under 16 years of age, they are facing 10 to 30 years in prison as well as having to register on the sex offender registry.

In a sexual conduct with a minor case involving an alleged victim between 11 and 14 years of age, in the second degree, at the penalty faced by the defendant is 20 years in prison. Criminal sexual conduct with a minor in the third degree carries up to 15 years in prison, and all of these charges are felonies. It is best to reach out to a Columbia sexual battery attorney to learn more about the potential penalties of a conviction.

Seek Help From a Columbia Sexual Battery Attorney Today

The role of a criminal defense attorney in sexual battery cases is to start building a strategic plan for defending the charge. This includes conducting an independent investigation, speaking to witnesses, collecting evidence, hiring expert witnesses if necessary, and reviewing all evidence. Their job is to avoid a conviction or, if the person is convicted, to use mitigating evidence to receive a lower sentence. Those who have been charged with sexual battery need an experienced lawyer who will fight for them and protect their livelihood and freedom.

Schedule a consultation with a Columbia sexual battery lawyer today to discuss your legal options.