After being charged with sexual battery in Oklahoma, it's critical for you to begin formulating a defense. That's because a conviction can stay with you for the rest of your life and get in the way of employment, educational, housing and personal opportunities. Meason & Ramsey Law realizes the impact that a sexual battery charge or conviction can have on your life, and their committed to giving people who are charged with the crime the best criminal defense possible.
What is Sexual Battery?
Sexual battery is contemplated by 21 O.S. section 1123(B). It addresses the "intentional touching, mauling or feeling of the body or private parts of any person" who is 16 years of age or older in a "lewd or lascivious manner" under the following circumstances:
There was no consent for such behavior by the victim.
The defendant was an employee of the state, county, municipality or other government agency, and the alleged victim was in his or her custody.
The defendant is more than 18 years of age and is employed by a school system that is in custody of the alleged victim, who is between 16 and 20 years of age.
Being employed by a school system under section 1123(b) includes but isn't limited to a teacher, principal, or other duly appointed person who is employed by a school district or an employee of a business that is contracted by the district who exercises authority over the alleged victim.
Penalties for Being Convicted of Sexual Battery in Oklahoma
Oklahoma has some of the harshest sentencing provisions for a sexual battery conviction in the country. Sexual battery is classified as a class 3 felony, and a conviction carries a prison term of up to 10 years. Upon release from imprisonment, you will be required to register as a sex offender.
The Burden of Proof
As a criminal defendant, you would have the right to a bench trial or a jury trial. In a jury trial, 12 people would hear the evidence and determine your guilt or innocence. In a bench trial, the presiding judge would do that. In either case, the prosecution has the burden of proving its case beyond a reasonable doubt. The prosecution must prove that the touching at issue really did occur, and it was intentional, lewd and lascivious;. Then, it must show that the touching was lewd and lascivious. Meason & Ramsey Law, are highly experienced and skilled at raising reasonable doubt in criminal cases. Genuine questions might be raised as to whether the alleged touching was consensual. Questions might also be raised as to whether it was lewd or lascivious, or whether the defendant had the opportunity to even commit the acts alleged.
If you're arrested for sexual battery, don't give police any type of a statement or confession. It will only be used against you to convict you.. Persist in your right to remain silent and to an attorney. Contact and retain Meason & Ramsey Law, right away. You'll be protecting yourself with a highly qualified criminal defense professional.
Meason & Ramsey Law provides a professional experience for all our clients, helping them navigate their legal rights. Our focus is criminal law (felony and misdemeanors). We specialize in Criminal Law, Divorce and Family Law, Probate Law. We are currently accepting cases in Washington, Nowata and Osage counties. Meason & Ramsey Law has family lawyers, divorce lawyers, probate lawyers, criminal defense lawyers, DUI & DWI lawyers, co-counsel lawyers, family attorneys, divorce attorneys, probate attorneys, criminal defense attorneys, DUI & DWI attorneys and co-counsel attorneys. Marty Meason and Rodney D. Ramsey, Attorneys
Meason & Ramsey Law
515 Delaware Ave
Bartlesville, OK 74003
918-336-6300