Last updated February 2026
Fort Lauderdale Sexual Battery Defense Attorney
Former Prosecutor. Strategic. Relentless Defense.
Sexual battery is one of the most serious offenses classified under Florida sex crime laws, and these cases are handled differently than most criminal prosecutions. Even before a case reaches court, an allegation alone can lead to arrest, incarceration, no-contact orders, seized devices, loss of employment, and permanent damage to your reputation.
If you are under investigation or facing sexual battery charges in Fort Lauderdale or anywhere in South Florida, early legal intervention is critical. These cases are aggressively prosecuted, often based on conflicting accounts, forensic assumptions, or delayed reports — and mistakes made early are difficult to undo.
At Michael White, P.A., we defend individuals accused of sexual battery throughout Broward County and South Florida. As a former prosecutor, I understand how these cases are charged — and where they are vulnerable.
📞 Confidential consultations available
📍 Fort Lauderdale–based defense for state and federal sex crime cases
⚖️ What Is Sexual Battery Under Florida Law?
Under Florida Statute § 794.011, sexual battery means:
“Oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object… without that person’s consent.“
Sexual battery is always a felony offense. The severity of the charge — and the potential punishment — depends on a combination of factors, including:
The age of the alleged victim
The age of the accused
Whether force, violence, or threats were alleged
Whether the alleged victim was unconscious, impaired, or incapacitated
Use of a weapon or physical injury
Prior criminal history
⚖️ How Sexual Battery Is Charged in Florida
Florida law classifies sexual battery offenses across a wide range of felony levels. The same statute can support drastically different charges depending on the facts alleged.
In general terms:
Second-degree felonies may apply in cases without weapons, serious injury, or extreme age disparities.
First-degree felonies may apply when force, threats, or weapons are alleged.
Life or capital felonies may apply in cases involving very young victims or extreme statutory circumstances.
Prosecutors must prove both lack of lawful consent and criminal intent. These elements are often the most contested — and the most defensible — aspects of a sexual battery case.
Types of Sexual Battery Charges
Sexual battery charges can arise under many different factual scenarios, including cases involving minors, incapacitated individuals, authority figures, weapons, or alleged force. Each variation carries different elements, penalties, and defense considerations.
🛡️ Defending Against a Sexual Battery Charge
Every sexual battery case is fact-specific. Effective defense strategies focus on the evidence, the credibility of witnesses, and the constitutional limits on law enforcement conduct.
Common defense themes include:
🔹 False or Exaggerated Allegations
Sexual battery accusations frequently arise from:
Relationship disputes or breakups
Custody or family conflicts
Jealousy or retaliation
Peer or third-party influence
We carefully analyze timelines, communications, motives, and inconsistencies in the accuser’s account.
🔹 Consent, Intoxication, and Conflicting Accounts
Consent must be freely and voluntarily given under Florida law. In many cases, allegations involve:
Alcohol or drug use
Conflicting recollections
Delayed reporting
Ambiguous communications
Text messages, call logs, videos, and witness testimony often contradict the prosecution’s narrative.
🔹 Forensic and Physical Evidence Issues
Many cases proceed with:
No DNA evidence
Inconclusive forensic results
Improper collection or testing
Misinterpretation of medical findings
The absence — or weakness — of physical evidence can create reasonable doubt.
🔹 Improper Police Interviews or Coercive Tactics
Statements obtained through:
Prolonged questioning
Psychological pressure
Failure to honor the right to remain silent
may be challenged and suppressed.
🔹 Unlawful Searches and Seizures
Sexual battery investigations often involve phones, computers, or digital accounts. We aggressively challenge:
Overbroad or defective warrants
Searches beyond lawful scope
Seizures made without proper consent or authority
Illegally obtained evidence may be excluded entirely.
⛓️ Penalties and Collateral Consequences
A sexual battery conviction carries consequences far beyond incarceration, including:
Lengthy prison sentences
Extended probation with strict conditions
Mandatory treatment programs
Sex offender or sexual predator registration
Severe restrictions on housing, employment, and internet use
Permanent criminal record
⚠️ What to Do If You’re Being Investigated
If you believe you are under investigation for sexual battery:
Do not speak to law enforcement without a lawyer
Do not attempt to explain or “clear things up”
Do not contact the alleged complainant
Do not consent to searches of your phone or devices
Preserve any potentially exculpatory evidence
Early legal representation can prevent charges from being filed — or significantly reduce exposure.
⭐ Why Choose Michael White, P.A.?
Former Broward County prosecutor
Former General Counsel to the Broward Police Benevolent Association
Extensive experience with sex crime charging decisions
Skilled in forensic and constitutional challenges
Judgment-free, confidential representation
Aggressive courtroom advocacy and strategic negotiation
We regularly defend professionals, students, first-time offenders, and individuals who have been falsely accused.
Sexual battery cases often overlap with other serious sex crime allegations, but they are prosecuted under their own statutory framework and demand a focused defense strategy.
📞 Speak With a Fort Lauderdale Sexual Battery Defense Lawyer
Sexual battery allegations carry life-altering consequences — and you only get one chance to protect your future.
📞 Call (954) 270-0769 or request a confidential consultation today.