All sex crimes are met with harsh penalties, but aggravated sexual battery is an especially serious crime. Aggravated sexual battery is different than a standard sexual assault, as it means the circumstances were more severe, violent, or negligent. Sexual crimes are not taken lightly in Virginia, and at the federal level as well, and adding aggravation and battery to the charge make the impending penalties especially severe. Read on to learn the differences between aggravated sexual battery and be sure to call a Virginia criminal defense lawyer if you have been charged with this crime.
In Virginia, sexual battery is classified as a Class 1 misdemeanor. Sexual battery is different than a regular battery charge, or a regular sexual assault charge. This specific type of charge happens when one personal sexually assaults another (intentionally touches or forces touching on someone’s intimate body parts against the victim’s will). Misdemeanors are not as heavily punished as felonies, but adding “aggravation” to this charge will bring it up to felony status in Virginia.
What Are The Penalties For Aggravated Sexual Battery In Virginia?
Aggravated sexual battery is punished to the full extent of the law. As mentioned earlier, since sexual battery is a Class 1 misdemeanor in Virginia, someone convicted of this charge could be facing a life-changing penalties. Those charged with this crime might face a prison sentence up to one year long, a high monetary fine, or both. The fine is typically no more than $2,500.
It’s important to remember, however, that there are factors than take a sexual battery charge and change it to an aggravated sexual battery charge–which is a felony. Virginia Code §18.2-67.3 defines the factors that turn sexual battery into aggravated sexual battery:
“An accused is guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and
- The complaining witness is less than 13 years of age; or
- The act is accomplished through the use of the complaining witness’s mental incapacity or physical helplessness; or
- The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age; or
- The act is accomplished against the will of the complaining witness by force, threat or intimidation, and
- The complaining witness is at least 13 but less than 15 years of age; or
- The accused causes serious bodily or mental injury to the complaining witness; or
- The accused uses or threatens to use a dangerous weapon; or
- The offense is not a recognized form of treatment in the profession, and is committed, without the express consent of the patient, by a massage therapist, or a person purporting to be a massage therapist, a person practicing or purporting to practice the healing arts. or a physical therapist, or a person purporting to be a physical therapist, during an actual or purported practice of physical therapy.”
In Virginia, the crime of aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000. Remember, if you have been charged with this crime, you need the help of a lawyer right away. Not only does this charge carry serious penalties, but there could be personal and professional implications for you as well. Read on to learn how a lawyer can help you in this situation.
What Should I Do If I Have Been Charged With Aggravated Sexual Battery In Virginia
If you have been charged with aggravated sexual battery in Virginia, you need the help of a lawyer immediately. The Law Office of Scott C. Nolan, PLLC offers a free, no-obligation consultation for any Virginia resident in need. As your criminal defense lawyer, The Law Office of Scott C. Nolan, PLLC will stop at nothing to defend you or minimize your penalties as much as possible.
Most people already know that, in order to convict you of a crime, the state must prove your guilt “beyond a reasonable doubt.” The Law Office of Scott C. Nolan, PLLC knows how to find the gaps and flaws in the state’s case and how to cast doubt on the state’s evidence and witnesses. He will answer your questions, explain how the law applies in your own situation, work diligently on your behalf, and achieve the best possible outcome to your case. Whether the charge is a crime of violence or a simple traffic infraction, attorney Scott C. Nolan, PLLC can help.
Call The Law Office of Scott C. Nolan, PLLC today to schedule a free, no-obligation criminal case evaluation about your aggravated sexual battery charge.