The consequences of Lubbock sexual battery can be steep. They may include imprisonment, large fines, and a substantial social stigma. These penalties can also create lasting obstacles for anyone facing them.
Speak with a sex crimes attorney today. Lubbock sexual battery lawyer understands how to help minimize these and many other consequences that could result from a sexual battery charge.
What is Sexual Battery in Lubbock?
Lubbock may consider sexual battery a misdemeanor or felony offense. Section 22.011 of the Texas Penal Code is the law that specifically prohibits sexual battery. In accordance with this law, forcing an individual to engage in sexual penetration against their will constitutes sexual battery.
Additionally, a case of sexual battery occurs if someone was unable to consent to sexual activity because they were mentally incapacitated. Under this definition, they could be unconscious, have a mental defect or disease, or be intentionally impaired by the actor. Additionally, the person may also be a minor legally unable to consent.
Penalties Associated with Sexual Battery
The exact penalties an individual faces for sexual battery depend on circumstances associated with the offense. A person facing sexual battery allegations may face anywhere between a year in jail to life imprisonment and fines of up to $10,000.
Sexual battery, however, that is violent in nature can result in even more severe penalties. If an individual intends to kill another or causes serious bodily injury, they are much more likely to face more serious penalties. Offenses involving a minor child are also likely to result in very serious penalties.
Difference Between Sexual Assault and Battery
Many individuals think that assault and battery is one crime, but these two offenses are actually two separate offenses. Section 22.01 of the Texas Penal code defines sexual assault as offenses where an individual knowingly threatens another individual with bodily harm. Assault can also encompass cases threatening or causing bodily harm. However, there does not actually need to be any physical contact.
Battery is the physical aspect of the offense. When a person actually uses force on another, they commit battery.
Defenses to a Sexual Battery Charge
There are several defenses available to anyone facing these allegations. Some individuals argue that the person initiating the charges actually knowingly consented to the sexual act, which means that sexual battery did not occur.
Other times, an individual can raise a strong defense by showing that someone else committed the offense and it is a case of mistaken identity.
Reasons to Contact a Lubbock Sexual Battery Attorney
No matter the circumstances of your case, a Lubbock sexual battery lawyer could potentially help build you a strong defense.
If you are facing sexual battery charges, it may be a wise idea to speak with an attorney immediately. A lawyer could promptly review the facts of your case and begin to collect evidence to help strengthen your defense. An experienced attorney understands just how serious a sexual battery charge can and can tirelessly fight for the best possible outcome in your case. Call today.