Sexual Assault & Battery
AGGRESSIVE DEFENSE & DEDICATED REPRESENTATION
Our Panama City Firm Has Much to Offer. Learn Why People Choose Shepard Law.
Sex Crimes
Sexual Assault & Battery
- Lewd Conduct
- Sex Offender Registration
- Child Pornography
- Sexual Exploitation
- Statutory Rape
- Prostitution
- Rape
- Indecent Exposure
- Child Molestation
No Charges Aggravated Assault
ALLEGATION: Client arrested for drive-by shooting and was facing the possibility of a minimum mandatory 15 year prison sentence under Florida’s 10-20-Life Law. RESULT: After consulting with with prosecutors and law enforcement NO CHARGES WERE FILED.
Negotiated Plea DUI Manslaughter
ALLEGATION: Client charged with DUI Manslaughter. Client faced up to 15 years prison and a permanent loss of his drivers’ license. RESULT: Client entered negotiated plea to probation and is eligible to drive with a hardship license.
Not Convicted Sexual Battery
ALLEGATION: Client who holds a professional certification and license with the State of Florida was accused of Sexual Battery with the possibility of 15 years prison and mandatory “Sexual Offender” designation. Arrest was reported in the Panama City News Herald. RESULT: Charge reduced without consent of victim to simple battery (misdemeanor). Client NOT CONVICTED of any criminal offense and not designated a Sexual Offender. Client able to return to work without loss of professional certification and license
Client NOT CONVICTED Violation of Probation
ALLEGATION: Client violated probation for a second time by failing to report (“absconding”), committing a new crime of Battery, not completing DUI school and failing to complete court ordered community service hours.
Not Convicted Violation of Probation
ALLEGATION: Client violated probation by failing to report (“absconding”) and committing a new felony of Obtaining a Controlled Substance by Forgery. Client was on probation for 7 counts of Obtaining a Controlled Substance by Fraud, 6 counts of Forgery, and 6 counts of Criminal Use of Personal Identification.
Panama City Sexual Assault & Battery Attorney
These Charges Demand Immediate, Experienced defense
Sexual assault and sexual battery are often used interchangeably in common speech — in Florida, the legal framework consolidates both under Sexual Battery (Florida Statute § 794.011). These are among the most aggressively prosecuted and most severely penalised charges in the Florida criminal code.
Rusty Shepard spent years as a prosecutor in Florida’s 14th Judicial Circuit before dedicating his practice to criminal defense. As FACDL 14th Circuit Chapter President and former President of the Bay County Criminal Defense Bar, he is one of the most experienced criminal defense attorneys in the region. The case result above — Sexual Battery charge reduced to simple battery misdemeanour, no conviction, professional license preserved — reflects what that experience produces.
Florida Sexual Battery — Degrees and Penalties
- First Degree Sexual Battery — use of a weapon or victim incapacitated: minimum 25 years in state prison
- Second Degree Sexual Battery — victim mentally incapacitated or physically helpless: up to 15 years in state prison
- Third Degree Sexual Battery — familial relationship or minor victim: up to 5 years in state prison
Every conviction, regardless of degree, carries mandatory lifetime sex offender registration with FDLE. Residency and employment restrictions apply from the first day of release.
Factors That Aggravate a Sexual Battery Charge
Certain circumstances escalate the charge to a higher degree or trigger enhanced sentencing:
- Use of physical force or threats — elevates to Life Felony when force is likely to cause serious injury
- Victim incapacitation — drugs, alcohol, mental impairment, or physical helplessness all qualify
- Victim age — charges escalate significantly where the victim is under 12 or the defendant is 18 or older
- Position of trust or authority — teachers, coaches, employers, family members in authority positions
- Use of a weapon — presence of a firearm or deadly weapon
- Prior sex crime convictions — repeat offenders face enhanced sentencing and mandatory sexual predator (not just offender) designation
The Three Most Common defense Strategies
Consent — sexual activity that was consensual is not criminal. Establishing consent through communications, witness accounts, and the nature of the relationship between the parties is frequently the most powerful defense available. Rusty Shepard investigates the full relationship history, all digital communications, and the circumstances before and after the alleged incident.
False accusation — the accuser had a motive to fabricate or exaggerate. In domestic contexts, custody disputes and relationship breakdowns are common drivers. Rusty Shepard investigates timeline inconsistencies, prior false reports, and financial or personal motivations behind the allegation.
Insufficient evidence — sexual battery charges without forensic corroboration rest heavily on the credibility of the alleged victim’s testimony. Every inconsistency in that testimony — between the initial police report, victim advocate statements, and trial testimony — is identified and developed.
Sexual Assault in a Domestic Context
A significant proportion of sexual battery charges in Bay County arise in the context of domestic relationships — marriages, long-term partnerships, and family situations. These cases present unique defense challenges: the parties have a shared history, often no third-party witnesses, and the accusation may arise in the context of a relationship already under strain. Rusty Shepard handles these cases with the same forensic rigour he brings to stranger-assault cases, while understanding the specific dynamics that drive false allegations in domestic contexts.
Facing sexual assault or battery charges in Panama City or Bay County? Call Shepard Law at (850) 290-2505. Former prosecutor. FACDL President. Free consultation. Available 24/7.
What Sets Shepard Law Apart?
Your case is our priority. We aim for the best outcome.
We understand the complexities of the legal system and the impact on your life. Our focus is on securing your future.
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