Have You Been Charged with Sexual Battery in Atlanta?

Sexual battery and aggravated sexual battery are serious charges that must be handled with care and competence. A conviction for these crimes could lead to a lengthy prison sentence, registration as a sex offender and other life-changing consequences. However, an accusation or charge does not have to result in a conviction. Kimberly Berry will do everything in her power to advocate for your rights and fight these charges. If she is unable to get the charges dismissed outright or to obtain a plea deal acceptable to you, she is ready to go to trial to convince a jury of your innocence. Kimberly has years of experience dealing with prosecutors and winning jury trials, putting her in an ideal position to help you with your case.

Definition of Sexual Battery and Aggravated Sexual Battery

According to Georgia law (O.C.G.A. 16-6-22.1), sexual battery occurs when a person “intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.” The statute defines “intimate parts” as “the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.”

The more serious crime of aggravated sexual battery (O.C.G.A. 16-6-22.2) occurs when someone “intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.” The term “foreign object” is defined as “any article or instrument other than the sexual organ of a person.”

Punishments for Sexual Battery

Usually, a person convicted of sexual battery for the first time will be guilty of a misdemeanor of a high and aggravated nature. This is punishable by up to twelve months in jail and a fine of up to $5,000. However, a second or subsequent conviction will be treated as a felony and will lead to a jail term of one to five years. In addition, anyone convicted of sexual battery of a child less than sixteen years of age (regardless of whether it is a first time offense) will be guilty of a felony and imprisoned for one to five years.

Aggravated sexual battery is a felony and carries even heavier penalties. A conviction for this crime will be punished by a prison term of 25 years to life in prison. Upon release the offender will be on probation for life and must register as a sex offender.

What Can a Defense Lawyer Do For You?

Kimberly understands that an accusation does not mean a person is guilty. She has handled many cases were false accusations have been made. This can happen out of malice or merely out of a misunderstanding. Kimberly will listen to your side of the story and work tirelessly to get you justice. Prosecutors have the burden of proof. In the case of sexual assault, they must prove several elements of a crime beyond a reasonable doubt, including that the sexual contact was both intentional and non-consensual. Kimberly will work with you to create a strategy that will lead to your best outcome. The earlier you begin working with her the better your chances, so contact the Berry Law Group today.