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Sexual Battery

Sexual Battery Attorney in Pensacola

Facing A Sexual Battery Charge In Florida? Contact Michael J. Griffith

If you or someone you care about has been accused of sexual battery, you are likely frightened, confused, and unsure where to turn. A single allegation can affect your freedom, your reputation, and your relationships. In this moment, you need clear guidance and a defense team you can trust.

At Michael J. Griffith, P.A., we defend individuals facing serious sexual offense charges in this area. Our firm is led by attorney Michael J. Griffith, who has more than 40 years of experience representing people in criminal cases. We focus on protecting the rights of individuals, not the interests of the government or large institutions.

You do not have to face an accusation like this on your own. We review the facts carefully, explain your options in plain language, and work with you to decide on the next steps. To speak confidentially with a sexual battery attorney in Pensacola, call (850) 495-7977 or reach out online now.

Understanding Sexual Battery Laws in Florida

Florida law does not use the word "rape" in its criminal statutes; instead, these acts are prosecuted under Florida Statute § 794.011 as sexual battery. The law defines this as the oral, anal, or vaginal penetration by, or union with, the sexual organ of another, or the anal or vaginal penetration of another by any other object, without that person's consent.

The grading of these offenses in Florida is complex and depends on the age of the parties and the presence of "aggravating factors":

  • Sexual Battery on a Person Under 12: If the defendant is 18 or older, this is a capital felony, punishable by life in prison without parole or, in specific contexts, the death penalty.
  • Sexual Battery with Deadly Weapon or Great Force: Under § 794.011(3), if the offender uses or threatens to use a deadly weapon or actual physical force likely to cause serious injury, it is a life felony.
  • Sexual Battery on a Helpless Victim: If the victim is physically helpless (such as being asleep or unconscious) or mentally incapacitated, the charge is typically a first-degree felony.
  • Sexual Battery (General): If no physical force or deadly weapon is involved, it is a second-degree felony, though it still carries a maximum of 15 years in prison.

A Pensacola sexual battery lawyer must also account for updates to the Florida Criminal Punishment Code, which have increased the "points" assigned to these offenses, making prison time almost inevitable upon conviction without a sophisticated defense strategy.

Penalties and Collateral Consequences of Sexual Battery Convictions in Florida

The penalties for sexual battery in Florida are among the most severe in the United States. A conviction can result in:

  • Lengthy Prison Sentences: Depending on the degree, you face between 15 years and life in a Florida State Prison.
  • Sexual Predator or Offender Designation: This is a permanent public label that requires you to register your address, employment, and vehicle information with law enforcement for the rest of your life.
  • Residence Restrictions: Under Florida law and local Pensacola ordinances, you may be barred from living within 1,000 feet of schools, parks, or playgrounds, severely limiting your housing options.

The collateral consequences are equally life-altering. You will likely lose any professional licenses, face immediate termination from your job, and lose your right to own a firearm. For non-citizens, a sexual battery conviction is an "aggravated felony" that results in mandatory deportation. With +50 years of experience, we know how to navigate these stakes to seek an outcome that preserves your future.

What To Do After An Accusation

After a sexual battery accusation, the first hours and days can feel overwhelming. You may be contacted by law enforcement, arrested, or served with a warrant or notice to appear. How you respond at this stage can significantly affect your defense—especially if your case may be heard in the Escambia County Circuit Court. Acting carefully and getting legal guidance early can make a meaningful difference.

If you are facing an accusation, consider the following steps:

  • Exercise your right to remain silent. Investigators may ask to “hear your side of the story,” but statements that seem harmless can later be used against you. Speak with a lawyer before answering any questions.
  • Do not discuss the allegation with anyone else. This includes the accuser, friends, or posting on social media.
  • Understand and follow all bond conditions. If released, you may be subject to no-contact orders, travel restrictions, or curfews. Violating these conditions can result in additional charges or being taken back into custody.
  • Preserve potential evidence. Save text messages, emails, social media communications, photos, and the contact information of witnesses. Do not delete anything that may provide context about the relationship or events.
  • Seek legal counsel immediately. Early involvement allows your attorney to protect your rights, communicate with law enforcement on your behalf, and begin building your defense before critical decisions are made.

Taking prompt, informed action can help protect your rights and position you more effectively as the case moves forward.

Why Choose Our Defense Team in Pensacola

Attorney Michael J. Griffith has been representing individuals in serious criminal matters for more than four decades. He is admitted to practice before the United States Supreme Court, which is a distinction held by a relatively small number of lawyers. He has also been named to the Top 100 Lawyers in Florida, recognition that reflects a long record of respected legal work in this state.

Our firm has been based in Pensacola since 1990 and serves clients throughout the Florida Panhandle. Many of our cases come from referrals by former clients and other attorneys, which suggests that people who know our work feel confident sending their friends, relatives, and clients to us when serious charges arise.

We believe that every sexual offense case is different, so we do not rely on one-size-fits-all strategies. We conduct thorough case reviews, meet directly with each client, and develop individualized defense approaches based on the facts and the client’s goals. We offer communication in Spanish and French when needed.

How We Build Your Defense Against Sexual Battery Charges

Defending a sexual battery case demands careful attention to detail and a willingness to challenge assumptions. We begin by listening to you. During our initial meetings, we ask you to describe what happened, how you came to be accused, and what contact you have already had with law enforcement. We also review arrest reports, charging documents, and any available discovery from Escambia County Circuit Court.

We then examine the evidence that the state says it will rely on. This can include medical records, forensic reports, text messages, emails, social media postings, audio or video recordings, and witness statements. When appropriate, we consult with credible outside professionals in areas such as forensics, digital data, or psychology.

At Michael J. Griffith, Attorney at Law, we do not take a "wait and see" approach. We believe in an aggressive, proactive defense:

  • Forensic Scrutiny: We work with independent medical experts to review SANE reports and DNA evidence. Often, forensic findings are "inconclusive" but are presented by the state as "definitive." We correct that narrative.
  • Digital Investigation: Text messages, GPS data, and social media interactions often provide a much clearer picture of a relationship than a witness's memory. We leave no stone unturned in the digital realm.
  • Consent Defense: When the encounter was consensual, we gather evidence of prior communications and behavior to demonstrate that the accusations were fabricated after the fact, perhaps due to regret or external pressure.
  • False Allegation Analysis: We investigate the motive behind the report. In domestic or custody disputes, false accusations of sexual battery are unfortunately used as leverage. Our +50 years of experience allows us to spot these patterns quickly.

Talk To Our Sexual Battery Defense Team in Pensacola Today

At Michael J. Griffith, P.A., we bring more than 40 years of criminal defense experience to every case, along with a long-standing presence in Pensacola and the Florida Panhandle. We focus on detailed case reviews, individualized strategies, and clear, honest communication. Our goal is to provide steady guidance during one of the most difficult times you may ever face.

To speak with a sexual battery attorney in Pensacola about your case, call (850) 495-7977 or fill out this online form now.

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Why Choose Michael J. Griffith, P.A.?

Attorney Griffith levels the playing field with his extensive experience, skills, and client service
  • Over 50 Years of Experience
  • Proven Track Record of Success
  • Admitted to the U.S. Supreme Court
  • Passionate About Fighting for Those in Need

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