Virginia Beach Sexual Assault Defense Lawyer

Dedicated Attorney for Sexual Assault Charges in Virginia Beach

If you have been accused of sexual assault in Virginia, your freedom could be in danger. Prosecutors take these allegations seriously, and a conviction could result in years in prison and mandatory sex offender registration. With that in mind, seeking legal representation is critical in these cases. With the help of a Virginia Beach, VA sexual assault defense attorney, you can contest the charges in a court of law.

At Castellano Law Firm PLLC, we have experience representing clients accused of serious criminal offenses. Attorney Vincent Castellano will fight for your rights, taking the time to understand your side of the story as he pursues the best possible outcome.

What Is Sexual Battery?

Sexual battery in Virginia involves intentionally touching another person in a sexual manner through force, threat, intimidation, or deception without that person's consent. The charge does not require that a sexual act be completed. The touching itself, under the circumstances defined by law, is enough to support the charge.

A conviction for sexual battery is a Class 1 misdemeanor. The penalties include up to 12 months in jail and a fine of up to $2,500. Beyond the sentence itself, a conviction could require registration on the Virginia Sex Offender Registry. That requirement can affect where a person is allowed to live, what employment they can pursue, and how they are perceived in their community for years after the case is resolved.

When Sexual Battery Becomes Aggravated Sexual Battery

Certain circumstances elevate a sexual battery charge to aggravated sexual battery, which is a Class 6 felony. The distinction carries significantly heavier consequences, including a prison sentence of one to five years and a fine of up to $2,500.

Aggravated sexual battery can be charged when the alleged victim is under 13 years old, when the alleged victim is between 13 and 15 and the accused is a parent, stepparent, grandparent, or similar figure of authority, or when the act is accomplished through the use of a weapon, serious physical injury results, or the victim is physically or mentally incapacitated. The presence of any one of these factors can turn what might otherwise be a misdemeanor into a felony with lasting consequences.

A felony conviction carries consequences that extend well beyond the prison sentence. Voting rights, firearm rights, and professional licensing can all be affected. Sex offender registration requirements for felony convictions are also more extensive and longer-lasting than those attached to misdemeanor charges.

What Defenses Can You Raise in a Sexual Battery Case?

Every sexual battery case rests on specific facts, and those facts determine what defenses may apply. Consent is one of the most common issues at the center of these cases. Whether the alleged contact occurred, what the circumstances surrounding it were, and how both parties understood the situation are all questions that evidence and testimony can address.

The credibility of the accusation itself should not be overlooked. Accusations made in the context of a contentious divorce, a custody dispute, or a personal conflict can raise questions about motive and reliability. Physical evidence, the timing of when the allegation was reported, inconsistencies in the account, and the relationship between the parties are all important to how the case is built and challenged.

In some cases, questions about the investigation itself might be relevant. How law enforcement gathered statements, whether proper procedures were followed, and whether any constitutional rights were violated during the investigation can affect what evidence is available to the prosecution.

Meet With a Virginia Beach Sexual Battery Defense Attorney

At Castellano Law Firm PLLC, we understand the gravity behind a sexual assault allegation. Call 757-724-0073 or contact our Virginia Beach, VA sexual battery defense lawyer to schedule a free consultation with our firm today.