AGGRAVATED SEXUAL BATTERY
Have You Been Accused Of Aggravated Sexual Battery In Manassas, VA?
Are you or someone you know facing potential sexual battery, or aggravated sexual battery charges? It is important to know the meaning of those charges, and equally important that you have the proper legal representation, should you have to go to court for them. Keep reading to learn more about sexual battery charges and laws in Virginia.
What Is Aggravated Sexual Battery In Virginia?
In Virginia, sexual battery is when an accused touches another person’s “intimate parts” or material directly covering such intimate parts by force, threat, intimidation or ruse, against the will of the other person and with the intent to molest, arouse or gratify. Sexual battery can also occur where an offender forces another person to touch the offender’s intimate parts for the same purpose.
Aggravated Sexual Battery In Virginia
In addition to sexual battery, there is also what’s deemed aggravated sexual battery. According to Virginia Code §18.2-67.3, there are instances when sexual battery can be considered “aggravated”, and become a more serious felony charge.
An aggravated sexual battery charge includes all of the elements of simple sexual battery, plus one of these allegations:
- Sexual abuse of a person under 13
- Sexual abuse of a person who is mentally or physically disabled
- Sexual abuse of a teenager by a parent, grandparent, or step-grandparent
- Sexual abuse using force, threat, or intimidation when the victim is 13 or 14, the accused causes serious bodily or mental injury to the victim, or the accused used or threatened to use a dangerous weapon
An aggravated sexual battery conviction can carry a prison sentence of 1-20 years, and a maximum $100,000 fine.
Aggravated Sexual Battery When Infected
Aggravated Sexual battery can also includes scenarios where a person intentionally tries to infect someone else with certain sexually transmitted diseases.
The offense occurs when a person:
- Is infected with HIV, syphilis, or hepatitis B
- Knows it
- And has sexual contact with another person with the intention of transmitting the infection
The penalty, if convicted of an infected sexual battery felony, may include one to five years in prison and a maximum $2,500 fine.
If the person knew of his infection, didn’t intend to transmit the infection to the other person but also did not disclose the infection to the other person, he or she could be convicted of a misdemeanor infected sexual battery, punishable by up to 12 months in jail and a $2,500 fine.
Penalties For Repeat Offenders In Virginia
If you have two previous convictions in the last 10 years for sexual battery or attempted sexual battery, you will be charged with a felony. Convictions for consensual sex with a child or indecent exposure also will count toward making the current conviction a third offense for purposes of the statute. Third offense sexual battery = 1 to 5 years or up to 12 months in jail and a $2,500 fine.
Under some circumstances, Virginia Code §18.2-67.5:2 requires the maximum sentence authorized by law when convicted of aggravated sexual battery. The statute allows no possibility for having any portion of your sentence suspended. This occurs if you have a previous conviction for aggravated sexual battery, or another felony sexual assault offense.
How To Protect Yourself In A Aggravated Sexual Battery Case
You need a strong, experienced, and knowledgeable aggravated sexual battery lawyer to fight by your side. If you live in the Manassas, Prince William, or Fauquier area, our experienced, strong, and knowledgeable criminal attorneys are available to assist you in protecting your criminal record, and identity.
Contact us by calling (703) 844-4118 or by e-mailing us through our contact form.
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