Will an aggravated sexual battery conviction include time in jail?

A charge of aggravated sexual battery may be brought against an individual if they have used force to commit the crime. In some states, engaging in sexual relations with a child under the age of 13 is a crime whether or not the victim consented. Most crimes involving violence against another person will be prosecuted as a felony offense. A conviction could carry at least 2 years in state prison or longer, depending upon where the crime occurred and the sentencing guidelines in each state. For example, the state of Georgia imposes harsh penalties requiring a convicted defendant to spend not less than 25 years in prison along with lifetime probation.

Sexual Battery Penalties

Aggravated sexual battery laws are different in each state, but many jurisdictions define the offense as the following:

• The intentional touching of another person without their consent to satisfy the desires of the offender
• The victim is less than 13 years old.
• If the victim is overcome by fear, or force is used to restrain them.
• A dangerous weapon was used during the commission of the assault.
• The victim is unconscious at the time of the assault.
• The victim is incapable of giving consent due to mental deficiency, medical illness or disease.
• If the offender attacked the victim knowing they were unable to consent due to alcohol or drugs impairing their cognitive ability.

Many states require the individual to register as a sex offender once they get out of jail. They will also be prohibited from living near schools or any place within a certain distance of where children are likely to congregate.

Hiring a Strong Defense Team

The laws regarding sexual offenses have become harsher in recent years due to nationally publicized cases. Anyone who has been charged with a crime will require a skilled legal team on their side. An experienced criminal defense attorney may be able to have the charges reduced in certain non-violent cases. Contacting an attorney for legal representation is recommended.