Sexual Battery Defense in Sarasota
Defending Sarasota Clients Against Felony Sexual Battery Charges Since 1993
At McIntosh Law, our defense team has been handling serious felony matters in Sarasota and Manatee counties since 1993, bringing over 100 years of combined experience across our attorneys and paralegals to every case.
The moment an accusation surfaces, whether law enforcement has made an arrest or is still investigating, the decisions made in the earliest days matter. Our team handles both state and federal criminal cases, and we work collaboratively on every case so no single detail rests on one attorney’s attention alone.
Contact McIntosh Law at (941) 299-0701 to schedule a confidential consultation about your situation. We offer night and weekend appointments and virtual meetings.
How Florida Law Defines Sexual Battery
Florida Statute 794.011 defines sexual battery as oral, anal, or vaginal penetration by, or union with, the sexual organ of another person, or penetration by any other object, excluding acts performed for a legitimate medical purpose. The statute also establishes what consent means under the law: it must be intelligent, knowing, and voluntary. Coerced submission does not qualify as consent, and a victim’s failure to physically resist does not, by itself, establish that consent was given.
What is commonly referred to as rape or sexual assault in everyday language falls within Florida’s statutory definition of sexual battery. That definition is broad, and prosecutors in Sarasota County interpret the statute’s language closely when filing charges.
Felony Degrees, Penalties, & Sex Offender Registration
Florida classifies sexual battery across four felony degrees based on the ages of the parties involved, the presence of a weapon or force, and other statutory circumstances. Each classification carries distinct sentencing exposure:
- Capital felony: Charged when an offender 18 or older commits sexual battery against a victim under 12. This is the most serious charge under the statute.
- Life felony: Charged when the offense involves use or threatened use of a deadly weapon, or physical force likely to cause serious personal injury. A life felony carries a maximum sentence of life imprisonment and a fine of up to $15,000.
- First-degree felony: Generally applies when the victim is between 12 and 17, or when specified aggravating circumstances exist involving an adult victim. Maximum exposure is 30 years imprisonment and a fine of up to $10,000.
- Second-degree felony: Generally applies when the victim is 18 or older and no aggravating circumstances elevate the charge. Maximum exposure is 15 years imprisonment and a fine of up to $10,000.
Every conviction carries mandatory sex offender registration, a requirement that follows a person long after any prison sentence is served.
Skilled Defenders On Your Side Over 100 Years of Combined Experience
Here's What Sets Us Apart
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Deep Local Knowledge & Dedication
With over 25 years serving Manatee County, McIntosh Law is committed to defending our community’s rights with integrity.
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Powerful Team Approach
You don’t just get a lawyer—you get an entire team collaborating for your success. Our attorneys and paralegals have over 100+ years of combined experience.
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Strategic & Experienced Defense
Your case deserves a personalized strategy. Every team member has over twenty years in law, ensuring a skilled, thoughtful defense tailored to your specific case.
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Proven Success
Trusted by thousands, we know what it takes to navigate complex criminal cases, bringing experience and results-driven focus to every stage of your defense.
Where Sarasota Sexual Battery Cases Are Heard
Sarasota County is part of Florida’s Twelfth Judicial Circuit, which also encompasses Manatee and DeSoto counties. Felony cases arising in Sarasota County, including those originating in South County, are heard at the Judge Lynn N. Silvertooth Judicial Center in Sarasota. Our attorneys know this courthouse and are familiar with the prosecutors and procedures of the Twelfth Judicial Circuit.
How We Approach a Sexual Battery Defense
Sexual battery cases turn on evidence that is often disputed, delayed, or incomplete. Common defense approaches include examining whether the state can actually prove the absence of consent, challenging the identification of the accused, and scrutinizing how forensic and DNA evidence was collected, preserved, and analyzed. Procedural missteps during an investigation can affect whether evidence is admissible at trial.
What shapes our approach at McIntosh Law is how we build the defense. Rather than assigning a case to a single attorney, our team works collectively, with multiple attorneys and paralegals contributing their perspectives at each stage. Attorney Elizabeth J. Loeffler spent over two decades as a prosecutor, trying hundreds of cases. That background means we understand how the state constructs a sexual battery prosecution from the inside, which informs how we look for its weaknesses.
A Defense Team With Over 100 Years of Combined Experience
Serious felony cases require more than one perspective. Our team at McIntosh Law includes attorneys and paralegals whose combined experience spans over 100 years of criminal defense work across state and federal courts. The collaborative model we use means each case draws on that full depth rather than resting on any single attorney’s judgment.
Schedule a Confidential Consultation
If you or someone you know is facing a sexual battery charge in Sarasota or the surrounding area, early action matters. We’re available for night and weekend appointments and can meet virtually if that’s more convenient. Our team includes bilingual staff to assist Spanish-speaking clients.
Call McIntosh Law at (941) 299-0701 to speak with our defense team in confidence. We can take the time to understand your situation and discuss your options.