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Miami Rape Defense Lawyer

Defense for Sexual Battery Charges in Miami-Dade County, FL

There are very few criminal charges that are as serious as rape, a sex crime that carries some very large consequences. The criminal justice system in Florida punishes this crime quite harshly. This is what makes it difficult to gain employment in the future, buy a home, or even start over, as and the stigma can be so overwhelming that it takes precedence over every aspect of your life.

It is crucial that you seek defense from a Miami rape defense attorney at Hager & Schwartz, P.A. right away to help you protect your reputation. We have more than 40 years of experience providing tough legal representation, standing up for our clients in the courtroom. We have knowledge of the criminal justice system to support you at this time.

Do not hesitate to contact us!
Our Miami rape defense lawyers provide free consultations at your convenience.

Understanding Rape Charges in Miami-Dade County

Under Florida law, rape is considered categorized as “sexual battery.” Sexual battery is one of the more serious sex crimes a person can be charged within the state of Florida, especially if the victim is a minor. The prosecutors have the burden of proving that the alleged actions of the accused person must be considered elements of sexual battery as defined by state law.

This includes proving that the accused engaged in either of the following:

  • Oral penetration
  • Vaginal penetration
  • Anal penetration
  • Sexual penetration with a body part or object

In addition to these, prosecutors must further prove that the accused person’s sexual organs made contact with another’s mouth, vagina, or anus.

What is "Nonconsensual" in a Sexual Battery Case?

Sexual battery involves the forced or nonconsensual sexual penetration of another person. "Nonconsensual" in this case is defined as the victim not giving consent. Consent is not considered to be the victim failing to resist intercourse, but rather them knowingly and voluntarily agreeing as an adult without being forced, threatened, or coerced. This issue of consent is very important to consider in a sexual battery case in Florida. There is a caveat, however, and that is that it does not need to be proven that the alleged victim protested to or tried to resist the advances. If the victim is a minor, consent (or lack of it) may be the solitary factor that determines the outcome of the case and the fate of the defendant.

Penalties for Rape in Florida

There are a variety of factors that go into the final sentencing and verdicts. These may include the age of the victim and the accused, if the victim suffered any injuries or death, the amount of violence behind the act, and if there were other crimes committed.

The worst possible penalty one could receive from a conviction may include anywhere between fifteen to thirty years imprisonment. In more serious situations, such as in cases where a victim is under the age of 12, the penalties could mean life imprisonment or even the death penalty. Ultimately, any conviction will also require the individual to register for life as a sex offender—which can be, arguably, the most defaming of all other penalties.

Get the Representation You Need!

If you have been accused, there is not a moment to lose. You need a winning team on your side as quickly as possible. Our experienced Miami rape defense attorneys' at Hager & Schwartz, P.A. mission is protecting and defending the rights of those charged with crimes in the Miami area. We are dedicated to providing comprehensive and tailor-made legal services that maximize our clients' chances of successful resolutions to their cases. In the event that you have been charged with sexual battery, we are available to help you.

Speak with our Miami rape defense lawyers today! Request your complimentary, confidential case evaluation by calling (305) 330-1360.

Client Testimonies

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    “I cannot thank you enough for what you have done for me. I realize you are and to know that you took this time to help me when I needed you the most is just amazing. I will be forever grateful.”

    - B. D.
  • Couldn't have done it without him!

    “John Hager went above and beyond!! He was very understanding and sympathetic to my situation and helped me get through everything without me having to panic. I never waited for a phone call back nor ...”

    - Erika
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    “I strongly recommend John Hager. He was very professional since our first meeting until my case was declined. Not only he gave me his professional advice, but walked me step by step on all possible ...”

    - Sara
  • So grateful to have found Brett Schwartz!

    “I knew in the few minutes in speaking with Brett that he was the right attorney for my Domestic Violence case. He put me at ease immediately and got the ball rolling to rectify the issue. He kept me ...”

    - Rachel
  • Thank you from the bottom of our hearts.

    “We hired Brett Schwartz to defend my son who was facing false but extremely serious allegations of rape, sexual assault, domestic violence and a protective order against his eight year old son. He had ...”

    - Beverley
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Real Results

  • Case Dismissed Aggravated Battery
  • Case Dismissed Aggravated Battery
  • Case and Injunction Dismissed Aggravated Battery & Domestic Violence Injunction
  • Case Dropped Aggravated Battery/Armed Burglary with Battery
  • No Jail/Prison Time Aggravated Stalking
  • Case Dismissed Armed Robbery with Firearm
  • Case Dismissed Battery on the Elderly
  • Case Dismissed Battery/Domestic Violence
  • Expunged Battery/Domestic Violence
  • Minimum Mandatory Sentences Waived Cocaine Trafficking
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Why Choose Hager & Schwartz, P.A.?

  • Highlighted by SuperLawyers from years 2016-2019.
  • Top-rated lawyers fighting on your behalf.
  • Former prosecutors handling your defense.
  • Decades of legal experience on your side.
  • Available 24/7, including weekends.
  • Free initial consultation with an attorney.

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