Indiana Sexual Battery Defense Lawyer

Understanding Sexual Battery Definition in Indiana

Under Indiana law, sexual battery is the act of forcefully touching an individual or one who is unable to consent due to physical or mental disability as a way to arouse/satisfy sexual desires or the desires of another person. This is a Level 6 felony punishable by a minimum of six months in jail.

The charge may be enhanced to a Level 4 felony punishable by a minimum of two years of imprisonment if the act also involved:

• Threatening or using excessive force
• Using a deadly weapon
• Causing physical injury to the alleged victim
• Targeting a minor or someone with a mental or physical disability
• Prior convictions for similar offenses
• Facilitating the act by giving the person a drug without his or her knowledge or committing the act after knowing that the person has been drugged without his or her knowledge

If you are facing a sexual battery accusation in Dearborn County, the first action you should take is to engage the services of a legal team that knows how to fight sex crime charges. You could be facing several years in prison, fines, probation, and mandatory sex offender registration. Your reputation, your social relationships, your family, and your career may all be negatively affected.

Get the aggressive defense you deserve. Call us at (812) 747-9771 or reach out online for a case review.

What are the Penalties for Sexual Battery in Indiana?

The penalties for sexual battery depend on the severity of the charge and any aggravating factors. A conviction can result in:

Level 6 Felony

• Prison sentence: Six months to two and a half years.
• Fines: Up to $10,000.
• Sex offender registration for a minimum of 10 years.

Level 4 Felony

• Prison sentence: Two to 12 years, with an advisory sentence of six years.
• Fines: Up to $10,000.
• Lifetime sex offender registration in certain cases.

Additional consequences include restrictions on where you can live or work, difficulty obtaining employment, and long-term damage to your personal and professional reputation. An Indiana sexual battery attorney can help mitigate these penalties and advocate for your rights.

The Impact of Sex Offender Registration

One of the most significant consequences of a sexual battery conviction in Indiana is mandatory registration as a sex offender. This requirement can severely limit your freedom and privacy, as well as impact your ability to:

• Secure housing or employment.
• Travel freely.
• Maintain relationships with family and friends.

Sex offender registration is public and can result in ongoing social stigma. An Indiana sexual battery attorney can explore legal strategies to avoid or minimize the impact of this requirement, such as negotiating for reduced charges or challenging the registration mandate in court.

What to Expect During the Sexual Battery Legal Process in Dearborn County?

Facing sexual battery charges can be a daunting experience. Understanding the legal process can help you feel more prepared and informed. Here’s what to expect:

1. Arrest and Charges: After an accusation is made, law enforcement may conduct an investigation and arrest the accused. Formal charges will be filed based on the evidence gathered during the investigation.
2. Initial Hearing: During the initial hearing, the court will inform the accused of the charges and set conditions for release, such as bail or pretrial supervision.
3. Discovery and Pretrial Motions: The discovery phase allows both sides to review the evidence. Your attorney may file pretrial motions to challenge the admissibility of evidence, suppress certain testimony, or dismiss the charges altogether.
4. Negotiations or Trial: In many cases, prosecutors may offer a plea deal to resolve the case without a trial. Your attorney will negotiate on your behalf to seek the best possible outcome. If a plea deal cannot be reached, the case will proceed to trial, where your lawyer will present your defense and challenge the prosecution’s evidence.
5. Sentencing and Appeals: If convicted, the court will impose a sentence based on the severity of the offense and other factors. If necessary, your attorney can file an appeal to challenge the conviction or sentence.

How to Defend Against Sexual Battery?

When facing sexual battery charges, building a strong defense is essential, and the strategy often depends on the specific details of the case. Common defenses include proving a lack of intent to arouse or satisfy sexual desires, which is a key element of the charge. Consent is another strong defense; evidence such as text messages, witness testimony, or other communications may demonstrate that the alleged victim agreed to the contact. Additionally, false accusations stemming from personal disputes or ulterior motives can be exposed through thorough investigation and by highlighting inconsistencies in the claims.

Get Experienced Sexual Battery Legal Counsel in Indiana

At Bleile & Dawson, our Dearborn County sexual battery defense attorneys work only in the field of sex crime defense. That concentration gives us the advantage in legal representation. We handle cases like yours all day long and spend time in courtrooms routinely defending our clients whose freedom and future are at stake. We are passionate about upholding the award-winning quality of legal support we provide to individuals who have nowhere else to turn and no one on their side.

Our legal team is here to help you by providing our assertive and thorough legal ability. Our Dearborn County sexual battery defense lawyers have been recognized by such industry organizations as the National Trial Lawyers Top 40 under 40, Rising Stars℠, and Avvo. Our strategic defenses and aggressive approach have helped us earn such national recognition. We encourage you to take advantage of our skills and committed approach by contacting us as soon as possible.

You can talk to one of our experienced legal team in Indiana at (812) 747-9771 or contact us online for a consultation – available 24/7.

Commonly Asked Questions

What’s the difference between sexual battery and rape in Indiana?

While both are serious offenses, rape involves sexual intercourse or penetration without consent, often using force or threats. Sexual battery, on the other hand, refers to non-consensual sexual touching or contact with intent to arouse or satisfy sexual desires. Rape generally carries harsher penalties than sexual battery.

Is consent a valid defense to sexual battery charges in Indiana?

Yes, consent is a valid defense. If evidence shows that the alleged victim willingly participated in the act, the charges may not hold. However, consent is not valid if the victim was unable to give it due to intoxication, unconsciousness, or mental incapacity.

What should I do if I’m falsely accused of sexual battery?

False accusations of sexual battery can arise from misunderstandings, disputes, or malicious intent. If you are falsely accused, it’s critical to avoid speaking to law enforcement without an attorney. Contact a criminal defense lawyer immediately to build a defense, investigate the allegations, and protect your rights.

How long will sexual battery stay on my record?

A sexual battery conviction will remain on your criminal record permanently unless it is expunged. In Indiana, expungement is possible under certain circumstances, but sex offenses requiring registration as a sex offender may not qualify. Consult a defense attorney to understand your options.