Capital sexual battery charges are some of the most serious criminal accusations you can face, with a conviction resulting in life in prison or the death penalty. It is understandable to feel confused and overwhelmed. A Wellington, FL, capital sexual battery lawyer can guide you through this difficult period. They can fight for you at each step of your case and aid you in building your defense.
Capital sexual battery is a severe felony. The CDC estimates that at leastone in four girls and one in 20 boys across the United States experience sexual abuse. In 2024, Florida had493 instances of sexual violence, including capital sexual battery, against children ages 5 to 11. That same year, in Palm Beach County, there were 21 counts, with a rate of 18.8 per 100,000.
Capital sexual battery cases are processed through the 15th Judicial Court. The main Palm Beach County location is the Judge Daniel T. K. Hurley Courthouse at 205 Dixie Highway, West Palm Beach, FL 33401.
Capital sexual battery refers to cases where the perpetrator is18 years or older who attempts or commits an act of sexual battery against a victim younger than 12 years old. It is a capital felony, punishable by life in prison or the death penalty. In cases where the prosecution seeks the death penalty, the defendant is given notice within 45 days after arraignment.
Unlike other felonies, capital sexual battery has no statute of limitations. Years or decades may pass after an alleged act and may still be prosecuted. Consent may not be used as a defense due to the victim’s age.
The steps you take in the days, weeks, and months after an accusation of capital sexual battery can make a dramatic difference in your case results.
The first thing to do upon accusation is to never speak to law enforcement without your attorney. You may have the urge to defend yourself, but anything you say can be used against you later. Do not make any recorded statements and seek immediate legal counsel.
Another act to take is avoid contacting the alleged victim. Any communication with other parties involved in the case outside of court may be seen as intimidation, coercion, or manipulation and harm your defense chances.
The third thing you should do is preserve any existing evidence. Deleting texts, emails, or other related media can be seen as obstruction of justice and result in additional charges. Having clear documentation can aid your case and provide a clear timeline of events.
Hire a capital sexual battery lawyer to advocate for you in this trying time. Your Wellington capital sexual battery attorney can play an essential role in building your defense and fighting against false accusations. A few vital services that The Law Offices of Julian M. Kessel can provide you include:
Florida state law does not legally require you to hire an attorney for a capital sexual battery charge. However, having experienced legal counsel can be essential with a conviction carrying the potential for life in prison or the death penalty. They can represent you in interactions with law enforcement, build your defense, and fight for you in all court hearings. If a conviction seems certain, they can negotiate for lesser sentencing structures.
How much your Florida capital sexual assault lawyer costs depends on the complexity of your case, the length of discovery and pretrial, and the workload it requires. Another contributing element to your final bill is the payment structure, with various attorneys using flat fees, retainer expenses, or hourly rates. The Law Offices of Julian M. Kessel is reasonably priced and can provide an estimate for legal costs in your initial consultation.
The statute of limitations is an important question many Floridians ask when accused of capital sexual battery.Donna’s Law made any sexual battery offense against an alleged victim younger than 16, including capital sexual battery, have no statute of limitations. This means that a case may be prosecuted decades after a criminal act occurred.
The length of your Florida capital sexual battery case is based on the length of the investigation, pretrial and discovery phase, and whether a trial is necessary. With the potential for life in prison or death, many capital sexual battery cases go to litigation and take months or years. Appeals may be filed, and can add additional time before a full resolution.
Allegations of capital sexual battery are daunting, but you don’t have to go through them alone. Attorney Kessel is prepared to provide you with zealous defense and advocate aggressively at each stage of your case. Contact us today to book your initial consultation. In this meeting, Attorney Kessel can learn your story, explain charges against you, and explore defense strategies moving forward. You may also visit our Wellington office, located on South Shore Boulevard, a block north of Pierson Road and Wellington International, and south of Tiger Shark Cove Park.
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