SEXUAL BATTERY
PRACTICE AREAS
NORTH LOUISIANA SEXUAL BATTERY LAWYER
Sexual Battery Defense Attorney in Shreveport-Bossier City, LA
Being accused of a sexual battery crime in Louisiana can leave you facing extreme penalties and a permanent criminal record. Because the stakes are so high, you need a North Louisiana sexual battery lawyer who will aggressively defend your legal rights.
Attorney Michael J. Vergis has extensive experience defending individuals in Shreveport and Bossier City who have been accused of sexual battery and other serious sex crimes in Louisiana. Facing charges like sexual assault, aggravated rape, or indecent behavior with a juvenile can result in severe criminal penalties, including prison time, lifetime registration as a sex offender, and damage to your professional reputation.
Sex crime accusations are life-changing, which is why having an experienced Shreveport sex crimes lawyer who understands the gravity of these criminal charges can make all the difference in your case. Call The Law Offices of Michael J. Vergis at (318) 698-3724 or contact us online to schedule a free consultation today.
What is Sexual Battery?
Sexual battery refers to any non-consensual act involving the intentional touching of a person for sexual gratification without the victim’s consent. This can include situations where the victim is unable to give consent due to their age, being physically disabled, or other factors.
There are several types of sexual battery charges you could face in Louisiana. For instance, misdemeanor sexual battery typically involves less severe circumstances but can still carry significant consequences. Second-degree sexual battery is more serious and involves serious bodily injury to the victim. Oral sexual battery refers explicitly to non-consensual sexual contact involving the mouth.
Each of these offenses is treated harshly under Louisiana law, and a conviction could lead to possible penalties such as prison time, mandatory sex offender registration, and other long-term effects on your life.
If you are facing sexual battery charges, it is essential to work with an experienced sex crimes lawyer who can help protect your legal rights and provide a strong defense on your behalf.
Sexual Battery vs. Sexual Assault
In Louisiana, the distinction between sexual battery and sexual assault lies in the nature of the act and the level of harm involved. Sexual assault typically refers to the threat or attempt of non-consensual sexual contact or sexual intercourse. For example, if someone makes a credible threat of sexual violence that causes the victim to reasonably fear harm, it can be charged as sexual assault, even if no physical contact occurred.
Sexual battery, on the other hand, occurs when the act is carried out. This involves touching another person sexually without their consent. Unlike sexual assault, which can be based on threats, sexual battery requires unwanted physical contact.
LRS 14:43.1
Under Louisiana Revised Statutes §14:43.1, a person commits the crime of sexual battery when they intentionally touch the anus or genitals of another person by using any part of the body or an object, either directly or through clothing. This also includes instances where the victim is forced to touch the offender in the same manner.
Sexual battery is considered a crime when it occurs without the victim’s consent, when the victim is under 15 years old and at least three years younger than the offender, or when the offender is 17 or older and the victim cannot resist due to conditions such as paraplegia, quadriplegia, or other physical disabilities. It also applies when the victim cannot understand the act due to a mental condition that the offender knew or should have known about or when the victim’s age is 65 or older, and the act is non-consensual.
Types of Sexual Battery Charges in Louisiana
Sexual battery is a serious offense in Louisiana, but the law recognizes different types of charges based on the specific circumstances of the crime. These charges include misdemeanor sexual battery, second-degree sexual battery, and oral sexual battery. Understanding these charges can help you make informed decisions about your case.
Misdemeanor Sexual Battery
Misdemeanor sexual battery is defined under LRS §43.1.1 as the intentional touching of a person’s breasts or buttocks without their consent. This can involve the offender touching the victim or the victim touching the offender using any part of the body or an object, whether directly or through clothing. Unlike more severe sex offenses, misdemeanor sexual battery typically does not involve sexual contact with the genitals.
If convicted, the penalties for misdemeanor sexual battery include a fine of up to $1,000, imprisonment for up to six months, or both. Those convicted of this sexual offense are not required to register as a sex offender. However, offenders cannot have their convictions set aside or dismissed, meaning the criminal record will remain.
While the penalties for misdemeanor sexual battery may seem less severe than other sex-related offenses in Louisiana, a conviction can still impact your life significantly. Working with a skilled sex crimes defense attorney is critical to defending your legal rights and seeking the best possible outcome for your case.
Second Degree Sexual Battery
Second-degree sexual battery is a serious offense defined under LRS §43.2. It involves intentionally engaging in non-consensual sexual acts that cause serious bodily injury to the victim. These acts include the touching of the anus or genitals of the victim by the offender, or vice versa, using any part of the body or an object, either directly or through clothing. The law applies when the offender is armed with a dangerous weapon, or their actions result in significant harm to the victim, such as injuries requiring medical treatment or causing lasting damage.
The penalties for second-degree sexual battery are severe. A conviction can lead to imprisonment for up to 15 years, with or without hard labor, without the possibility of parole, probation, or suspension of the sentence. If the victim is under 13 years old and the offender is 17 or older, the punishment increases significantly, ranging from 25 to 99 years of hard labor, with at least 25 years served without parole. The same penalties apply if the victim is physically disabled, mentally incapacitated, or 65 years or older.
After prison time is served, those convicted of second-degree sexual battery face lifetime electronic monitoring through the Department of Public Safety and Corrections. Offenders are also required to pay for the cost of monitoring unless they are deemed unable to do so.
These consequences, coupled with being known as a registered sex offender, can permanently impact your life, reputation, and freedom. An experienced North Louisiana sex crimes attorney is invaluable in these situations. They will work to protect your rights and ensure you receive a fair trial within the Louisiana justice system.
Oral Sexual Battery
Under LRS §43.3, oral sexual battery is defined as any act involving the non-consensual use of the mouth or tongue to touch another person’s anus or genitals or vice versa. This charge applies when specific circumstances outlined by law are met. These include cases where the victim is under the age of 15 and at least three years younger than the offender, or when the offender is 17 or older, and the victim cannot resist due to physical disability, mental incapacity, or is 65 years of age or older. Importantly, a lack of knowledge about the victim’s age is not a valid defense under Louisiana law.
This sex crime conviction typically results in up to 10 years of imprisonment with or without hard labor, without the benefit of parole, probation, or suspension of the sentence. If the victim is under 13 and the offender is 17 or older, the punishment ranges from 25 to 99 years of hard labor, with at least 25 years served without parole or probation. If the offense involves a victim who is physically or mentally incapacitated, the same sentencing guidelines apply.
In addition to serving a lengthy prison sentence, the offender will be electronically monitored for the rest of their natural life. Those convicted must also be listed on the national sex offender registry, which carries lifelong consequences, including public stigma and restrictions on housing and employment.
If you are facing oral sexual battery charges, working with a Shreveport criminal defense attorney is critical to protecting your legal rights and pursuing a strong defense against these life-altering allegations.
Penalties for Sexual Battery in Louisiana
The possible penalties for sexual battery in Louisiana include:
- Imprisonment:
- Up to six months in jail, a fine of $1,000, or both for misdemeanor sexual battery.
- Between 10-15 years in prison, with or without hard labor, for standard sexual battery convictions.
- For victims under the age of 13, offenders aged 17 or older face 25 to 99 years of hard labor, with at least 25 years served without parole, probation, or suspension of the sentence.
- Fines:
- Courts may impose significant fines for those who are proven guilty of sex crime charges.
- Sex Offender Registration:
- The convicted must register as a sex offender, often for life, leading to public stigma, restrictions on housing, and limited employment opportunities.
- Lifetime Electronic Monitoring:
- Certain convictions require offenders to undergo lifetime electronic monitoring by the Department of Public Safety and Corrections.
Sex Offender Registry Requirements in Louisiana
A sex crime conviction in Louisiana can result in mandatory placement on the national sex offender registry. Depending on the severity of the offense and whether it is a repeat crime, convicted offenders may remain on the registry for decades or even for the rest of their lives. Crimes that require registration include:
- First-degree rape (aggravated rape)
- Second-degree rape (forcible rape)
- Third-degree rape (simple rape)
- Sexual battery
- Statutory rape or indecent behavior with a juvenile
- Indecent exposure
- Sex trafficking
- Crimes involving child pornography
The following information is required for sex offender registration in Louisiana:
- Personal Information:
- Full name
- Date of birth
- Physical description (height, weight, eye color, hair color, tattoos)
- Contact and Location Details:
- Residential address (and updates if you move)
- Place of employment
- Online identifiers (email addresses and screen names)
- Criminal and Legal Details:
- Date and place of conviction
- Specific sex crime committed and criminal history
- Biometric and Official Records:
- DNA sample (fingerprints, saliva, etc.)
- A current photograph
- Social security number
- Driver’s license, passport, and vehicle registration details
Federal law requires law enforcement to notify local schools, public housing authorities, social service agencies, and volunteer organizations about registered sex offenders in the area. Failing to register or update information can lead to additional criminal charges and penalties.
Why Choose Michael J. Vergis as Your North Louisiana Sexual Battery Lawyer?
If you are facing sexual battery charges, working with a North Louisiana sexual battery lawyer can make a significant difference in your case. Attorney Michael J. Vergis understands how serious these sex crime charges can be, and he is committed to providing an aggressive defense in both state and federal courts.
Whether you are dealing with a false accusation or feel pressured to plead guilty, our Louisiana sex crimes lawyers are committed to providing an aggressive defense, thoroughly examining every detail of your case to help protect your future.
Defending Against Sexual Battery Charges
At The Law Office of Michael J. Vergis, we understand how overwhelming it can be to face sexual battery allegations. Our team thoroughly evaluates every detail of your case, investigating the facts to uncover insufficient evidence, errors made by local police, or connections to other sex offenses that may influence the charges. We work to identify possible defenses and build a strong, personalized strategy tailored to your situation.
Facing Sex Crime Charges? Call a Shreveport-Bossier Criminal Defense Attorney at The Law Office of Michael J. Vergis Today
Being accused of sexual battery doesn’t have to define your future. There are legal options available, and with the right defense, you can fight back against the charges. At The Law Office of Michael J. Vergis, we understand the seriousness of Louisiana sex crimes and are here to help.
Attorney Michael J. Vergis brings years of experience, dedication, and discretion to every case, ensuring your rights are protected every step of the way.
Contact us today at (318) 698-3724 to schedule a free and confidential consultation. We will discuss your case and determine how we can work toward the best possible outcome for your situation.
Spanish