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Stamford Sexual Battery Lawyer

Sexual battery is a common-law term. In Stamford, it is codified as sexual assault in the fourth degree, which is when one person subjects another person to sexual contact. It is most common to see it as sexual contact without consent.

A charge of sexual battery can come with severe penalties that should be effectively defended as soon as possible. If you are facing such a charge, it is critical that you consult with a Stamford sexual assault lawyer immediately.

Defining the Charge

Sexual assault in the fourth-degree is commonly known as sexual battery. This is because there are not any battery criminal statutes in Connecticut.

Usually, law enforcement will bring forward the charge as sexual assault in the fourth degree so that is what an individual will see on their summons. The actual charge pending against the individual would be a sexual assault in the fourth-degree in Statute 53a-73a in Connecticut.

Severity of the Charge

Sexual assault in the fourth-degree is treated seriously in Stamford. However, it could sometimes be a misdemeanor if the alleged victim is 16 or older. If the alleged victim is under 16 years old, it is a Class D felony. The severity of such a crime makes the assistance of a Stamford sexual battery lawyer invaluable.

The courts take these charges seriously, as they want to make sure they protect the alleged victim's rights. If the alleged victim wants to bring forward a conviction, the court will usually appease the individual and take all measures to make that happen.

Aggravating Factors

The most common aggravating factor in a case of sexual assault in the fourth degree is if the alleged victim or complaining party is under the age of 16 years old. That will turn the charge into a felony and aggravate all the penalties.

Assumption of Violence

Usually, there is no violence involved in scenarios of sexual battery. However, if there is violence involved, the individual will be charged with a more severe crime.

When people hear the charge sexual assault or the conviction of sexual assault, they may automatically think of it as a violent crime even though it is not always the case. To dispute a possible conviction, an individual should contact a Stamford sexual battery attorney to begin mounting a defense.

Potential Penalties

If the alleged victim is 16 or older, the crime is a Class A misdemeanor and the person can face up to a year incarceration, up to two years’ probation, and fines. If the alleged victim is under 16, it is a Class D felony, so they could face up to five years in prison, up to five years’ probation, and a fine.

Since an agreement may be worked out with the prosecutor, it is just like a guilty plea negotiation and the court could request that the individual register as a sex offender. To prevent such penalties, it is imperative that an individual contact a Stamford sexual battery attorney.

Benefits of a Lawyer

It is important to consult a Stamford sexual battery lawyer because the charge on someone's criminal record could affect them seriously in the long-term. Also, lengthy periods of incarceration that the person is exposed to makes the stakes higher than dealing with a less serious crime.

The role of the attorney is to scrutinize the police reports and witness statements to see if there are any holes in the allegations. The attorney will also make sure that they try to gather any surveillance footage if it will be helpful to the case.