Understanding Aggravated Sexual Battery

Defend yourself against aggravated sexual battery charges with the help of Swingle Levin, LLC. Contact us today to find out how we can help.

What Is Aggravated Sexual Battery?

In Georgia, sexual assault and rape crimes are serious offenses are punished extremely severely. These crimes are categorized into various degrees of severity, with aggravated sexual battery and rape being among the most severe.

Aggravated sexual assault or battery, in Georgia, is distinguished by certain factors such as causing bodily harm to the victim, targeting particularly vulnerable individuals, or engaging in other harmful conduct. These cases are legally complex, involving a blend of elements related to both sexual contact and violence, forensic science, forensic interviews, and highly charged allegations. Consequently, being charged with committing such crimes can be overwhelming.

If you have questions or concerns about these charges, seeking professional legal counsel without delay is crucial. A criminal defense attorney in Athens, GA, from Swingle Levin, can provide guidance and offer a free consultation to help you understand your rights and potential legal strategies in this challenging situation.

Aggravated Sexual Battery Laws in Georgia

The criminal offense of aggravated sexual battery includes intentionally penetrating another person’s sexual organ or anus with a foreign object without their consent. The Georgia Code defines a foreign object as any article or instrument other than a person’s sexual organ. The consequences of such actions are severe, with potentially severe legal repercussions that need to be addressed immediately.

Georgia’s aggravated sexual battery laws and their lifelong consequences emphasize the importance of seeking professional legal counsel when facing such serious allegations.

Bond in Aggravated Sexual Battery Cases

Only a Superior Court Judge can set a bond in an aggravated sexual battery case.  So a person charged with such an offense will not have a bond set at his or her first appearance.  Your lawyer will need to file a motion to set bond in superior court.  It can take weeks to get on a calendar, so your lawyer should pursue a consent bond.  It can be difficult to convince a prosecutor to consent to a bond, so a good lawyer will immediately start learning about you and your case so he or she can make a strong argument for bond as quickly as possible.

Penalties for Aggravated Sexual Battery Convictions

The penalties for a conviction of aggravated sexual battery in Georgia are severe and leave a lasting impact on the convicted offender’s life. According to Georgia law, a person found guilty of this offense faces the following consequences:

  • Prison term: An aggravated sexual battery conviction is punishable by a prison sentence ranging from 25 years to life.

  • Probation for life: Upon release from prison, the offender will also have to serve a lifetime of probation. This entails strict supervision and adherence to certain conditions set by the court.

  • Sex offender registration: Another significant repercussion of an aggravated sexual battery conviction is mandatory registration as a sex offender. This requirement places the offender’s name on the sexual offender registry in Georgia and the national sexual offender database. Registered sex offenders face strict restrictions on where they can live and work, such as being prohibited from living or working near schools, churches, parks, pools, or any other places where minors congregate.

Because of the severity of these potential consequences, it is crucial to contact an experienced Georgia aggravated assault attorney immediately. Legal counsel can provide crucial guidance and help develop a strong defense strategy to protect the rights and future of the person convicted or accused

Possible Defenses Against Aggravated Sexual Assault

Defending against charges of aggravated rape or sexual battery in Georgia requires a strategic approach, which our team at Swingle Levin, LLC, can help you with. Our experienced aggravated sexual battery lawyers can utilize several vital defenses to protect your rights and future. These defenses include:

  1. Lack of evidence: Our team will comprehensively investigate your case, meticulously examining all available evidence.  If the State claims something is incriminating, we may deploy experts to independently test that evidence to help show that the evidence is actually in favor of the defense.  If the State lacks substantial proof or that evidence was unlawfully obtained, we can argue for dismissing your charges.
  1. Unintentional act: If the evidence supports that the alleged penetration was accidental rather than intentional, we will diligently pursue this angle as a defense strategy. Establishing unintentionality can be challenging, but with our knowledge of aggravated sexual offenses, we can make a compelling case on your behalf.
  1. Consent from the alleged victim: A crucial element in an aggravated sexual battery case is that the victim did not consent to the act. Suppose you have evidence demonstrating that the defendant or the alleged victim willingly agreed to engage in sexual intercourse. In that case, we can use this to challenge the prosecution’s case, potentially leading to the dismissal of charges. It’s important to consult with us, especially if the person involved is under 18 years of age, as different legal considerations may apply in such situations.

The intricacies of sexual offense cases require an understanding of Georgia’s legal system, the importance of direct or circumstantial evidence, and the nuances of these defenses. We will assess your options and develop a robust, tailored defense strategy based on your unique circumstances, so entrusting us with your defense is essential.

Schedule a consultation today to get started with your defense.

Contact Swingle Levin to Schedule a Case Evaluation Today!

When defending your rights in the face of aggravated assault charges in Georgia, you need a team that’s battle-tested, skilled, and devoted to your case.

At Swingle Levin, LLC, our attorneys have helped several clients accused of sexual and violent offenses, including rape, assault, and aggravated battery. We understand the sensitivity and seriousness of these charges. We are committed to providing the best possible legal representation to our clients. To ensure that your rights are safeguarded, we will explore all avenues for your defense.

Don’t face these daunting circumstances alone. Get in touch with us today to discuss your case.