Have you Been Charged with Aggravated Sexual Battery in Georgia?
Sexual crimes come with serious negative connotations. Often, people assume you are guilty before you even have a chance to speak. Our Georgia Aggravated Sexual Battery Attorneys at Lawson and Berry will never assume your guilt! We have over 50 combined years of criminal defense experience. We have successfully defended clients charged with sexual offenses and are prepared to assist with your case now. Call to schedule an appointment with one of our aggravated sexual battery lawyers in Georgia.
Georgia Aggravated Sexual Battery Laws
Georgia defines a crime as a battery when someone intentionally causes substantial harm or visible bodily harm to another. O.C.G.A. §16-5-23.1
A person commits aggravated sexual battery when they intentionally penetrate the sexual organ or anus of another with a foreign object without the consent of that person. O.C.G.A. §16-6-22.2.
The term “foreign object” means any article or instrument other than the sexual organ of a person. O.C.G.A. §16-6-22.2(a)
Bond for Aggravated Sexual Battery
In most cases, the magistrate court has the authority to set a bond. However, in cases involving aggravated sexual battery, only a superior court judge can set the bond. As a result, bond will not be automatically set after an arrest. Your Georgia Aggravated Sexual Battery Lawyer must file a motion for bond in Superior Court. Unfortunately, it can then take several weeks to get a hearing before the Superior Court. During this time, the accused will remain in jail until there is a hearing. Your Aggravated Sexual Battery Lawyer in Georgia can also seek a consent bond through negotiations with the District Attorney assigned to the case. If the DA agrees to bond, then that consent bond order can be presented to a Superior Court judge without having to wait on a hearing date.
Georgia Case Law
A man, Wilmer Pinto Marroquin, was convicted of aggravated sexual battery. The evidence showed that Marroquin was dating the nine-year-old victim, H.A.'s, mother. The mother, Marroquin, H.A. and her two siblings were all sharing a bed together. When H.A.'s mother left the bed, Marroquin inserted a finger into her vagina. H.A. told her mother what happened. Her mother confronted Marroquin, but he said he had mistaken H.A. for her. Although there was no denying that he inserted his finger into H.A.'s vagina, Marroquin argued at trial that there was insufficient evidence of his criminal intent because it was a mistake. However, the Court found there was an abundance of evidence describing the physical differences between the nine-year-old and her adult mother. Therefore, the jury was authorized to see that Marroquin intended to perform the act on H.A., not her mother and he was convicted of aggravated sexual battery. Marroquin v. State, 816 S.E.2d 91, (2018).
The Penalty for an Aggravated Sexual Battery Conviction in Georgia
A person convicted of Aggravated Sexual Battery in Georgia will be guilty of a felony. The punishment will include a prison term for no less than 25 years and not to exceed life in prison. After they get out of prison, it will be followed by probation for life.
Another implication of an aggravated sexual battery conviction is that they must register as a sex offender. The defendant will appear on the Georgia public offender database as well as the national sexual offender database. Sex offenders are prohibited from living near churches, schools, or other areas where minors congregate such as parks or pools.
Because of the seriousness of the potential consequences, it is critical that you hire an aggravated sexual battery attorney in Georgia immediately.
Defenses to Aggravated Sexual Battery in Georgia
Lack of Evidence: Your Georgia aggravated sexual battery attorney will investigate every area of your case especially whether there is enough proof for you to be charged or convicted of the crime. If the State does not have enough evidence or the evidence was not lawfully obtained, then your case can get thrown out.
It was unintentional: The statute requires that the penetration be intentional. Any evidence proving that it was accidental will be greatly beneficial. However, this will be an uphill battle, and you will need the assistance of an Aggravated Sexual Battery Lawyer in Georgia.
I had consent from the alleged victim: An essential element of aggravated sexual battery is that the victim is harmed without their consent. Any proof that the victim agreed would negate an important factor and could result in a dismissal of the charges. The accused could be charged with other crimes if the person was under 18 years of age. If this applies to your case, contact one of our aggravated sexual battery lawyers in Georgia.
There are a plethora of other defenses that can be used for theft so call one of our Georgia Sex Crimes Lawyers today. Your Lawyer will tailor a solid defense based on your case and will make sure your rights are protected!
What Does Not Constitute a Defense
The accused mistook the identity of the person: As seen in Mannoquin v. State, this can be a complicated defense to prove. One of our Georgia Criminal Defense Attorneys can assist if this applies to your case.
The aggravated sexual battery lawyers in Georgia at Lawson and Barry will work to create a robust defense strategy in your case! You have rights and defenses available to you so call us now, and we can discuss your situation. Every second counts when charged with a crime of this nature. Call now to speak with a Georgia aggravated sexual battery attorney.