Hickory Sexual Battery Lawyer

Hickory Sexual Battery Attorney

An accusation or charge of sexual battery, which is classified as a sex crime, can have serious repercussions that can be felt throughout your entire life. Such a charge can damage your reputation, your social standing, your professional relationships, your employment status, and even your relationship with your family. If you are ever charged with sexual battery, it is vital that you take the proper steps to protect yourself by engaging the services of a Hickory sexual battery lawyer as soon as possible.

What Is Sexual Battery?

In North Carolina, a person commits sexual battery when they sexually touch another person against their will for the purpose of sexual gratification, arousal, or abuse. Sexual battery is considered a Class A1 misdemeanor, which can carry a potential penalties such as jail time, probation, or community service. A criminal defense lawyer can help you figure out what options you may have.

Possible Defenses Against Sexual Battery

Experienced sexual battery attorneys in Hickory, North Carolina, can help you develop a viable defense that makes it difficult for you to be considered responsible for the crime at hand. Here are some of the possible defenses that you may be able to claim if you are charged with sexual battery:

• Alibi: The most effective defense in a sexual battery case is claiming that you were physically unable to commit the crime because you were nowhere near it. Claiming innocence can be the most basic defense, but it can be very effective if you are able to prove a strong alibi. Since the burden of proof is on the prosecutor, you and your lawyer simply have to show evidence that thwarts their case. A strong alibi can be proven by surveillance camera footage, time-stamped receipts, witness statements, and audio recordings. A strong alibi can even stop the prosecution’s case in its tracks and remove all focus from you as a suspect if it is strong enough.
• DNA Evidence: DNA evidence in a sexual battery case can make or break the prosecution’s case. It raises the question of how your DNA ended up at the scene. If there is no DNA evidence that you had anything to do with the crime at hand, that can only work in your favor. If there is DNA evidence, your lawyer can argue that the DNA evidence collected was mishandled, which can create reasonable doubt.
• Consent: One of the more common ways to challenge a sexual battery case is to argue that the victim did, in fact, consent to everything that allegedly happened. Consent is not always a surefire way to pursue your defense, as consent is a moot point under certain circumstances:
  • If the victim is under the age of consent.
  • If the victim is mentally incapacitated.
  • If the victim is intoxicated.
  • If the victim is unconscious or asleep.
  • If there is a significant power imbalance between both parties, such as the suspect being the victim’s boss.
• False Accusations: False accusations are very real and they do happen. In this situation, there would likely be a previous dispute between the two parties, which may have led the alleged victim to fabricate a story of sexual battery in order to damage the alleged suspect’s reputation. There is largely no evidence to support these claims, as they are completely made up. However, they can still severely damage the suspect.

FAQs

Q: What Is the Sentence for Sexual Battery in North Carolina?

A: The sentence for sexual battery in North Carolina depends largely on the case at hand. Sexual battery is considered a Class A1 misdemeanor in North Carolina, and that carries a sentence of at least 150 consecutive days of punishment. What that punishment ends up being is at the discretion of the court. That punishment could be jail time, house arrest, probation, or community service. The offender will have to register as a sex offender, as well.

Q: What Is the North Carolina General Statute for Sexual Battery?

A: The North Carolina general statute for sexual battery is G.S. 14-27.33. This statute defines sexual battery as unlawful sexual touching without consent for the express purpose of sexual arousal, gratification, or abuse. In addition, it declares that anyone who sexually touches someone who is mentally incapacitated or physically unable to fight back has committed the crime as well, as they should be expected to reasonably know not to do that.

Q: What Is the Statute of Limitations on Sexual Battery in North Carolina?

A: The statute of limitations on sexual battery, classified as a sex offense, in North Carolina is ten years. That means you will have ten years from the date of the incident to start filing a claim and pursuing compensatory damages as well as legal repercussions. If you fail to report the incident within that ten-year window, your case will likely not be considered, and the opportunity to hold the responsible party accountable will have passed.

Q: What Is the Legal Rule for Battery?

A: The legal rule for simple battery is that anyone who commits battery can be found guilty of a Class 2 misdemeanor, which can carry a potential penalty of time in jail and a significant fine. You may also have to serve probation. Assault and battery is substantially different from sexual battery, not just in how the two crimes are perceived on someone’s record but in how they are prosecuted.

Reach Out to an Experienced Sexual Battery Lawyer Today

Facing a charge of sexual battery can be intimidating, scary, and confusing. You may be feeling like the world is against you, and you are out of options. In fact, you do not have to deal with this alone. The legal team at Cody Law Firm can help you develop your case, gather the necessary evidence to support your claim and advocate on your behalf in court if necessary.

It is important that you protect yourself in this trying time by retaining legal counsel and fighting these charges. Contact us to schedule a consultation with a valued team member as soon as you can.