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Cleveland Sexual Battery Lawyer

Sexual battery accusations are serious and impact every aspect of your life. While other states treat sexual battery as a misdemeanor, Ohio’s laws are much harsher. If you are facing sexual battery charges in Cleveland, it’s imperative to contact a sexual battery lawyer ASAP. It could be the difference between dealing with allegations before charges or filed, having the case dismissed, or reducing the charge to something more in line with the facts.

Early intervention from an experienced defense lawyer is critical, and you should look for someone with a considerable background and track record of success getting the best possible result in sex crime cases. So, if you have been arrested, accused, or are being investigated for sexual battery in Cleveland, contact attorney Daniel M. Margolis immediately.

Never try to explain the situation yourself. Contact The Law Office of Daniel M. Margolis, LLC at (216) 533-9533 for a free and confidential consultation. We’ll protect your rights and fight to tell your side of the story.

What is Sexual Battery?

In Ohio, sexual battery is a third-degree felony under the Ohio Revised Code 2907.03. If sexual battery occurs against a minor under 13, it is considered statutory sexual battery and classified as a second-degree felony.

The definition of sexual battery states that no person can engage in sexual conduct with another person who is not their spouse through force, deception, or coercion, including and in addition to the following:

  • If the offender knowingly coerces the other person to submit
  • The offender knows the other person’s ability to control their own conduct is impaired
  • The offender knows the other person is submitting because they’re unaware that any sexual act is being committed.
  • The offender knows the other person has mistaken the offender for the other person’s spouse.
  • The offender is a parent, stepparent, guardian, or custodian of the other person, or if the offender has some kind of disciplinary or supervisory authority over the other person.
  • The other person is in law enforcement custody or a hospital patient
  • The offender is a teacher, administrator, coach, or other person employed by a school in authority over the other person, and the other person attends that school.
  • The offender is a teacher, administrator, coach, or other person employed by a school in authority over the other person, and the other person is a minor.
  • The offender is a mental health professional and the other person is a patient or client.
  • The offender is a church leader and the other person is a member of or attends said church.
  • The offender is an employee of a detention facility where the other person is confined.
  • The offender is a peace officer and over two years older than the other person, if that person is a minor.

Sexual Battery Charges Years Later

Ohio’s statute of limitations for rape and sexual battery is 20 years. This means prosecutors cannot pursue a criminal case after this deadline.

Cleveland is taking steps to crack down on sexual assault cases, and recently formed a rape kit task force in Cuyahoga County to help expedite investigations before the statute of limitations expires.

Sexual Battery Penalties

A third-degree felony is the most common charge in Cleveland sexual battery cases. This means a minimum of one year in prison up to five years and a maximum of $10,000 in fines. If the other person involved is under 13, it is a second-degree felony, punishable by a minimum of two years in prison up to eight years, and a maximum $15,000 in fines.

Sex Offender Registration for Sexual Battery

Ohio law requires sex offender registration for those convicted of sexual battery. Registration mandates offenders to report their personal information regularly to law enforcement. This includes their employer, home address, phone number, and email address. Registered sex offenders are then added to a public database, accessible to anyone. Failure to register results in additional criminal penalties.

Ohio law has three levels sex offenders: Tier I, Tier II, and Tier III. Sexual battery is a Tier III sex crime. Therefore offenders must check in every 90 days for the rest of their lives. This also applies to every time an offender moves.

What Can a Sexual Battery Defense Lawyer Do?

Unfortunately, with sexual battery and other sexual offense allegations, false claims do happen. Police get facts wrong, witnesses misremember details, and alleged victims sometimes lie.

As an experienced and meticulous defense lawyer, Daniel M. Margolis will approach your case by conducting an exhaustive investigation. If someone is making a false claim, we’ll uncover it. If there are problems with the evidence, we will find them. From there, we will craft the strongest possible defense strategy. We’ll fight in court to make sure faulty evidence is not used against you and inaccurate witnesses aren’t heard. If you are accused of sexual battery, let attorney Daniel M. Margolis strive to clear your name.

Contact Dan Margolis Today

To learn more about how theft and fraud defense attorney can help, call (216) 533-9533 and schedule a confidential, initial consultation.

Contact Dan

Attorney Margolis is not currently providing free consultations nor accepting new clients. Please be advised that contact form submissions and calls may not be returned.
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