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What We DoSexual battery is a very serious, and yet often misunderstood, crime. In general, the crime of sexual battery may occur if an individual, for sexual pleasure, gratification, or abuse, engages in sexual contact with another individual. For sexual battery to be a crime, the sexual contact must have been by force or against the will of the other person, or if the person isn’t able to reject the sexual advances because he/she is mentally disabled, mentally incapacitated, or physically helpless.
It is important to note that sexual battery is a very serious crime with some long-term consequences, including the possibility of decades listed on the North Carolina sex offender registry. For this reason, if you’ve been arrested for sexual battery in North Carolina, then you need to contact a Raleigh NC sexual battery attorney as soon as possible. At the Law Office of Dewey P. Brinkley, we boast years of experience defending individuals charged with sexual crimes, and we have the resources to defend you too. For a free, no-obligation consultation with attorney Dewey Brinkley, call our Raleigh law office today at (919) 832-0307.
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According to North Carolina G.S. § 14-27.33, “a person is guilty of sexual battery if the person, for the purpose of sexual arousal, sexual gratification, or sexual abuse, engages in sexual contact with another person:
If convicted of sexual battery, the defendant may be looking at a Class A1 misdemeanor, which holds a potential penalty of 1 to 150 days of active, intermediate, or community punishment.
Often, the terms “rape” and “sexual battery” are used interchangeably, as some states define sexual battery as “sexual intercourse, anal sex, or other sexual activity involving penetration without that person’s consent or against the person’s will.”
In North Carolina, however, sexual battery is defined as sexual touching conducted without consent or through fraud. As such, it is much different from rape in legal terms. Some examples of sexual battery in North Carolina could include:
For an act to be sexual battery, the alleged offender could have committed the sexual contact through use of physical force, threats, touching after the victim said “no,” or touching a person who does not have the ability to knowingly consent.
It is also important to note that the law isn’t so clear regarding the North Carolina sex offender registry. In some cases, the defendant could be looking at least 10 years, and maybe up to 30 years on the registry. Often, a sexual battery charge also involves some sort of supervised probation
Regardless of the circumstances surrounding your arrest, you need an experienced and prominent criminal defense attorney on your side. At the Law Office of Dewey P. Brinkley, we’ve represented individuals who were wrongfully or falsely charged, and we’ve also represented individuals who were part of a misunderstanding. Using full knowledge of North Carolina laws, as well as leading defense strategies, we will fight for your freedom. For a free consultation with attorney Brinkley, call our Raleigh law office today at (919) 832-0307.
Certified Criminal Law Specialist by North Carolina State Bar.
Tried over 250 criminal cases in local courts.
Knows prosecution strategies from time as Assistant District Attorney.
Direct, responsive service from start to finish by Brinkley himself.
4.9-star client reviews praise professionalism and case outcomes.
Speak directly with Attorney Dewey Brinkley – 100% confidential and no obligation.
Before founding our Criminal Defense Law Firm in Raleigh, Attorney Dewey P. Brinkley worked for almost three years in the Wake County District Attorney’s office, gaining in-depth experience handling domestic violence, misdemeanors and juvenile court offenses.
As a Raleigh Criminal Defense Lawyer, he handles serious felony charges, including armed robbery and attempted murder, as well as DWI, traffic tickets and violations and misdemeanors. Whatever charge you face, we can help.