Sexual Battery Attorney in Melbourne, FL

Every Attorney Is Board-Certified. All Three Work Your Case.

Sexual battery is one of the most aggressively prosecuted charges in Florida, and a conviction carries consequences that extend far beyond prison. At Funk, Szachacz & Diamond, every attorney on our team holds Florida Bar Board Certification in Criminal Trial Law, a credential fewer than one percent of Florida attorneys carry. When all three board-certified partners collaborate on your case from day one, you get a depth of strategic review grounded in multiple experienced perspectives.

Our attorneys have served as former Assistant State Attorneys and Felony Division Chiefs. We know how the state builds these cases because we’ve been on that side of the courtroom. That background shapes every motion we file, every cross-examination we prepare, and every defense theory we develop on behalf of clients throughout Melbourne and Brevard County.

If you’re facing a sexual battery charge or believe you’re under investigation, contact Funk, Szachacz & Diamond now at (321) 360-4446 for a confidential consultation.

Sexual Battery Under Florida Law

Florida doesn’t use the word “rape” in its criminal statutes. What most people call rape is charged as sexual battery under Florida Statute 794.011. The statute defines sexual battery broadly: oral, anal, or female genital penetration by, or union with, the sexual organ of another, or the anal or female genital penetration of another by any other object. Acts performed for a bona fide medical purpose are excluded.

This definition covers a wider range of conduct than the traditional understanding of rape, including oral contact and penetration by any object. Charges frequently arise from a single alleged incident and often rest on one person’s account against another’s, sometimes with limited physical evidence.

Sexual Battery Charge Tiers & Penalties in Florida

The severity of a sexual battery charge depends on the ages of the parties, the circumstances of the alleged act, and whether aggravating factors are present. The Florida Criminal Punishment Code places these offenses at the most serious scoring levels.

• Capital felony: An offender 18 or older commits sexual battery on a victim under 12. Punishable by death or life without parole.
• Life felony: An offender under 18 commits sexual battery on a victim under 12; or an adult offender uses physical force likely to cause serious personal injury, or the victim is physically incapacitated.
• First-degree felony: An adult offender with a victim aged 12 to 17, or certain aggravating factors present. Punishable by up to 30 years or life.
• Second-degree felony: Both parties are adults, with no aggravating circumstances. Punishable by up to 15 years.

A conviction under any tier triggers mandatory sex offender registration, which is public and continues for life in most cases. Those convicted of sexual battery aren’t eligible for basic gain-time under Florida Statute 944.275 and are placed on sex offender probation with mandatory counseling, curfew requirements, and residency restrictions. In certain cases, the Jimmy Ryce Act may also apply. After release, the State Attorney may seek post-release civil commitment to a civil facility.

Defense Strategies in Sexual Battery Cases

Because many sexual battery charges rest on accusations rather than physical evidence, the credibility of the investigation and the accuser is often central to the defense. Under Florida law, consent means intelligent, knowing, and voluntary agreement. Coerced submission, physical helplessness, mental incapacitation caused by substances administered without consent, and mental defectiveness each eliminate the possibility of legal consent under Florida Statute 794.011.

Florida also bars a mistake-of-age defense under Florida Statute 794.021, regardless of whether a defendant’s belief about a victim’s age was reasonable. Because there is no statute of limitations for capital or life felony sexual battery, or when the alleged victim was under 18, charges can be brought years or even decades after the alleged incident.

Defense approaches our team has applied in serious felony matters include:

• Challenging the reliability of forensic and DNA evidence
• Examining law enforcement interview techniques for constitutional violations
• Investigating the accuser’s motive and the circumstances of the accusation
• Asserting Fourth and Fifth Amendment violations in how evidence was gathered
• Contesting the factual basis for the charge tier and any alleged aggravating factors

Our three-partner collaborative model means defense theory, cross-examination strategy, and motions aren’t assigned to a single associate. All three board-certified attorneys review every file. We’ve served as lead counsel in hundreds of jury trials, including capital offenses and high-profile felony matters in the 18th Judicial Circuit.

Why Clients Facing Sexual Battery Charges in Melbourne Come to Us

Most firms have one board-certified attorney. At Funk, Szachacz & Diamond, all three partners hold Florida Bar Board Certification in Criminal Trial Law, and each must meet the Florida Bar’s recertification standards every five years. Members of our firm have served on the Florida Bar’s Board Certification Committee for Criminal Trial Law itself, helping define the standard others must meet.

Courtroom Record & High-Profile Experience

Our courtroom record in high-stakes litigation includes acquittals in capital offense cases and never-before-prosecuted federal charges. Cases our attorneys have handled have been featured on ABC 20/20, Court TV, and Forensic Files. We’ve represented judges, doctors, and law enforcement officers who required sophisticated advocacy and complete discretion.

Admissions & Professional Recognition

Our admissions include all Florida State Courts, several U.S. District Courts, the 11th Circuit Court of Appeals, the U.S. Supreme Court, and the approved counsel list for the International Criminal Court in The Hague. We’ve earned the Brevard County Bar Association Professionalism Award and Trial Attorney of the Year honors, and one of our attorneys has served as President of the Brevard County Bar Association.

Speak with a Sexual Battery Defense Attorney Today

A sexual battery charge in Melbourne or anywhere in Brevard County demands immediate action. The earlier defense counsel is involved, the more options exist for challenging the investigation, preserving evidence, and influencing how the State Attorney’s Office approaches charging decisions.

All three board-certified partners at Funk, Szachacz & Diamond can work on your case. Call us at (321) 360-4446 for a confidential consultation.