Sexual battery is a Class 1 misdemeanor in Virginia. A sexual battery occurs when there is a sexual assault involving the intentional or forced touching of a person’s intimate body parts against the will of the alleged victim. A person convicted of a sexual battery may face up to 12 months in prison, a fine of up to $2,500, or both a fine and jail time.

However, certain factors defined in Virginia Code §18.2-67.3 make a sexual battery an aggravated sexual battery. An aggravated sexual battery is a felony. In Virginia, the crime of aggravated sexual battery is punishable by a jail term of one to 20 years in prison and a fine of up to $100,000.

How a Sexual Battery Becomes an Aggravated Sexual Battery

Virginia law makes a sexual battery an aggravated sexual battery if one of the following circumstances is true:

  • The alleged victim is younger than 13 years old.
  • The sexual battery is accomplished by the use of the alleged victim’s mental or physical incapacity.
  • The alleged victim is between the ages of 13 and 18, and the sexual battery was committed by their parent, step-parent, grandparent, or step-grandparent.
  • Force, threat, or intimidation was used to commit a sexual battery, and one of the following is true: (1) the alleged victim is between the ages of 13 and 15; (2) the person accused of the sexual battery causes the alleged victim to suffer a serious physical or mental injury; or (3) the person accused of sexual battery used or threatened to use a dangerous weapon.

Sex crime cases may be complicated. It is essential that you begin protecting your rights immediately if you’ve been accused of aggravated sexual battery or any other Virginia sex crime.

Talk to an Experienced Sex Crimes Defense Lawyer as Soon as Possible

If you’ve been arrested for aggravated sexual battery, then you face a potential sentence of up to 20 years in prison, a fine of up to $100,000, and up to a lifetime on the Sex Offender Registry.

You deserve to be treated fairly so that you don’t face an unreasonable sentence. Our experienced Virginia sex crimes defense attorneys will thoroughly investigate your case and raise all possible defenses to make sure that your rights and your future are protected. Please contact us today to learn more about how to protect yourself and to schedule an initial consultation.